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HomeMy WebLinkAboutWQ0001664_More Information Received_20191216Initial Review INITIAL REVIEW Reviewer Thornburg, Nathaniel Is this submital an application?* r Yes r No Is this a complete application?* Complete App Date r Yes r No Project Number* WQ0001664 Applicant/Permittee Carolina Water Service Inc. of North Carolina Applicant/Permittee P.O. Box240908 Address Is the owner in BIMS? Is the facility in BIMS? r Yes r No r Yes r No Owner Type Facility Name Belvedere Plantation WWTF County Fee Category Signature Authority Signature Authority Title Signature Authority Email Document Type (if non -application) Email Notifications Does this need O Yes review by the r No hydrogeologist? * Regional Office Wilmington Fee Amount CO Reviewer Tessa Monday: eads\trmonday Admin Reviewer Below list any additional email address that need notification about a new project. Email Address Comments to be added to email notification Comments for Kendall Comments for RO Comments for Reviewer Comments for Applicant Submitted Form Project Contact Information Rease provide inforrration on the person to be contacted by MB Staff regarding electronic subnittal, confirmation of receipt, and other issues. ........................................................................................................................................................................................................................................................................................................................................................................ Name * Brent Milliron Email Address* Brent. Milliron@carolinawaterservicenc.com Project Information ......................................................................................... Submittal Type* r New Permit Application r Renewal r Annual Report Permit Type * r Wastewater Irrigation r Other Wastewater r Closed -Loop Recycle r Single -Family Residence Wastewater Irrigation Is a paper copy of the application being submitted?* r Yes r Nor N/A Permit Number* WQ0001664 Phone Number* 704-319-0504 Applicant\Permittee * Carolina Water Service Inc. of North Carolina Applicant/Permittee P.O. Box240908 Address* Facility Name * Belvedere Plantation WWTF r Modification (Major or Minor) r Additional Information r Other r High -Rate Infiltration r Reclaimed Water r Residuals r Other Please provide comments/notes on your current submittal below. Please attach all information required or requested for this submittal to be review here. Application Form Engineering Rans, Specifications, Calculations, Etc.) WQ0001664 Additional Information Packet 489.64KB 12122019.pdf upload only 1 RJF document. Nlaltiple documents must be corrbined into one RJF file. For new and modification permit applications, a paper copy may be required. If you have any questions about what is required, please contactthe reviewer or Tessa Monday. If a paper --polka*-ion is required, be advised, applications accepted' far pre -review until both the paper and eIect-c-,i_ co1)ies nave been received. The paper copy shall include the following: o Application Form o All relevant attachments (calcs, soils report, specs, etc.) o One full-size engineering plan set o One 11x17" engineering plan set o One extra set of specifications o Fee (if required) MallinE address: ❑iuision of Water Resources1 Division of Water Resources Non -Discharge Branch I Non -Discharge Branch 1617 Mail Service Center 1 Aft: Nathaniel Thornburg, 91° Floor, Cfice #942W ----------------------------------------------------------- ----------------------------------------- Raleih, NC 27699-1617 512 N. Salisbury St. Far questions or problems contact Tessa Monday attessa.monday@ncdenr.Qov or 919.707.3560. * W By checking this box I acknowledge that I understand the application will not be accepted for pre -review until the paper copy (if required) and fee (if required) have been received by the Non -Discharge Branch. I also confirm that the uploaded document is a single PDF with all parts of the application in correct order (as specified by the application). Signature Submission Date 12/12/2019 Carolina Water Service of North Carolina'" December 12, 2019 Tessa Monday Environmental Engineer Division of Water Resources 512 N Salisbury Street Raleigh, NC 27604 Re: Additional Information Request; Application No. WQ0001664 Belvedere Plantation WWTF Ms. Monday, The additional information that you have requested for our Belvedere Plantation WWTF (WQ0001664) application has been attached. 1. Agreement for Disposal of Treated Effluent. 2. Map showing the reclaimed water irrigation. 3. Setback waiver for the treatment unit. 4. Within the "Agreement for Disposal of Treated Effluent", additional wording has been put in to comply with 15A NCAC 02L .0107(f) We appreciate your assistance that you have provided while we worked through this process. If you have any further questions, please do not hesitate to reach out to Dana Hill (704) 269- 2540 or myself (704) 318-3317. Sincerely, Brent Milliron Regulatory Compliance Manager Carolina Water Service of North Carolina • 4944 Parkway Plaza Blvd. Suite 375 • Charlotte, North Carolina 28217 9800-525-7990 1. Agreement for Disposal of Treated Effluent Prepared By and Return to: Chris Ayers 301 Fayetteville St. Suite 1900 Raleigh, NC 27601 STATE OF NORTH CAROLINA COUNTY OF PENDER Agreement for Disposal of Treated Effluent This Agreement for Disposal of Treated Effluent (the "Agreement") is made by and between Carolina Water Service, Inc. of North Carolina ("CWSNC") and DMB Belvedere, LLC ("Owner"), effective January 1, 2013 (the "Effective Date"). WHEREAS, CWSNC as successor to Belvedere Utility Development, LLC and Owner as successor to Bridgewater Golf Properties, Inc. are successor parties to a certain Easement and Maintenance Agreement dated March 5, 2004 and recorded with the Pender County Register of Deeds at Book 2336, Page 155 (the "Easement"); and WHEREAS, CWSNC succeeded to the interests of Belvedere Utility Development, U.0 in and to the Easement via a Bill of Sale and Assignment of Easement and Maintenance Agreement, dated October 6, 2009 and recorded with the Pender County Register of Deeds at Book 3703, Page 0018 (the "Bill of Sale"; and WHEREAS, CWSNC operates a wastewater treatment facility that disposes treated wastewater through effluent disposal facilities as more fully described and defined in the Easement as the "Effluent Disposal Facilities" located on the Belvedere Golf Course (the "Golf Course") more particularly described in that certain deed recorded in Book 3872 at Page 226, Pender County Registry; WHEREAS, CWSNC owns the Effluent Disposal Facilities up to and including the effluent irrigation pump(s); WHEREAS, Owner owns and operates the Golf Course and Owner operates that portion of the Effluent Disposal Facilities that disposes treated wastewater onto the Golf Course from the point that the effluent leaves the holding pond effluent pump (herein the "Effluent Irrigation System"); WHEREAS, Owner incurs certain costs in connection with its operation and maintenance of the Effluent Irrigation System and seeks reimbursements of such costs from CWSNC; WHEREAS, CWSNC agrees to establish a compensation arrangement with Owner for the regular operation of the Effluent Disposal of treated wastewater via the Effluent Irrigation System; NOW THEREFOR, In consideration of the sum of ten dollars ($10.00) and other good and valuable consideration recited herein, CWSNC and Owner agree as follows: 1. (a) Owner shall regularly dispose of treated wastewater from the Effluent Disposal Facilities on the Golf Course using the Effluent Irrigation System in compliance with the requirements contain in NCDENR Permit No. WQ0001664 issued to CWSNC on October 3, 2007 and as amended or renewed from time to time by the appropriate regulatory authority (the "Permit'). Owner shall maintain the Effluent Irrigation System and the Golf Course in a manner that allows regular disposal of treated wastewater in compliance with the Permit. CWSNC shall maintain its portion of the Effluent Disposal Facilities in compliance with the Permit. (b) Owner shall at all times comply with the following provisions of the Permit. Section I, Paragraphs 9 and 10; Section II, Paragraphs 4, 5, and 6; Section III, Paragraph 4. CWSNC shall at all times comply with all other provisions of the Permit. (c) Owner shall monitor the level of the 20-day effluent holding pond located adjacent to the driving range on the Golf Course to ensure compliance with the Permit and ensure that the treated wastewater is disposed of in accordance with all local, state and federal requirements. Owner will dispose of treated wastewater and operate the Effluent Irrigation System in a manner that will maintain a freeboard level of greater than 2 feet at all times, subject to the conditions in section 1(d) below. (d) Owner shall not be required to dispose of treated wastewater on the Golf Course during a weather event involving precipitation; when the ground is in a condition that will cause runoff; or when in the reasonable opinion of the Owner disposal may violate the Permit. (e) In the event Owner is unable to dispose of treated wastewater on the Golf Course for more than a 72 hour period pursuant to section 1(d) above, Owner will make reasonable efforts to notify CWSNC of the inability to spray, but Owner shall incur no liability in the event it fails to provide notification. (f) No water suppiv wells shall be constructed or operated within the compliance boundary of the Permit and CWSNC and the North Carolina Department of Environmental Quality Division of Water Resources shall at all times have the right to enter onto the property within the compliance boundary for purposes of groundwater monitoring and remediation 2. (a) CWSNC pay Owner $0.006 per gallon of treated wastewater that is disposed on the Gold Course via the Effluent Irrigation System measured by the meter at the pump located at the outtake of the 20-day effluent holding pond. Each year, on the anniversary date of this agreement, the per gallon fee shall be adjusted equal to the previous year's inflation as measured by the U.S. Bureau of Labor Consumer Price Index. (b) CWSNC and Owner shall each record the meter readings monthly. Owner will submit a monthly invoice to CWSNC and CWSNC agrees to render payment to Owner within 30 days of each invoice (the "Monthly Charge"). (c) CWSNC shall not be obligated to make any additional payment to Owner beyond the Monthly Charge for the operation or maintenance of the Effluent Irrigation System. Including, but not limited to, any payments that would have otherwise been due and payable under the Easement. 3. Upon request of CWSNC, Owner agrees to provide documentation of all expenses incurred related to the operation, maintenance and repair of the Effluent Facilities. Owner agrees to cooperate with CWSNC in providing such expenses to the extent required by the North Carolina Utilities Commission or the North Carolina Utilities Commission Public Staff. 4. Except for losses, damages, or claims arising solely out of the negligent acts or omissions or willful misconduct of CWSNC, its agents, contractors or employees, Owner agrees to indemnify or defend at CWSNC's sole option) CWNNC, its successors and signs, and hold it harmless against any loss, damage, liability, penalties, expenses or cost, including reasonable attorneys' fees, resulting from or arising out of Owner's use and operation of the Effluent Irrigation System or any breach by Owner's of its obligation under this Agreement. Except for losses, damages or claims arising solely out of the negligent acts or omissions or willful misconduct of Owner, its agents, contractors or employees, CWSNC agrees to indemnify (or defend at Owner's sole option) Owner, its successors and assigns, and hold it harmless against any loss, damage, liability, penalties, expense or cost, including reasonable attorney's fees, resulting from or arising out of CWSNC's use and operation of the Effluent Disposal Facilities (other than the Effluent Irrigation System) or any breach by CWSNC's of its obligations under this Agreement. 5. The initial term of this Agreement shall be two (2) years from the Effective Date and shall automatically renew for subsequent one (1) year terms unless either party provides written notice to the other party at least thirty (30) days prior to the end of the initial term or any renewal term, as the case may be. 6. Unless otherwise explicitly amended herein, this Agreement does not modify the rights or obligations of the parties under the Easement or the Bill of Sale, the terms of which are hereby ratified and confirmed. 7. The Agreement shall be governed as to all matters by, and shall be construed and enforced in accordance with, the laws of the State of North Carolina, without regard to principles of choice of law. 8. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of the Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 10. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and signs. In the event the Golf Course is conveyed by Owner to a third party, this Agreement and the obligations described herein shall run with the land and be binding on the subsequent owner of the Golf Course. 11. All notices given pursuant to this Agreement, or required by related matters between the parties shall be deemed made when addressed to the proper party and sent by certified mail, facsimile or electronic mail to the following addresses: If to Owner: Jack Broadbridge DMB Belvedere, LLC 2368 Country Club Road Hampstead, NC 28443 If to CWSNC: Brent Milliron, Compliance Director Carolina Water Service, Inc. of North Carolina PO Box 240900 Charlotte, NC 28224-0908 IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their duly authorized officers or member/manager as of the Effective Date. DMB Belvedere, LLC By: N a rn eV I,e /+V 13R0 4-/7ty tneLf Title: jJ' 11110 Carolina W r Krvice, Inc. o North rol' By: 2 Name: SgQe a Mewdef i o4L L. Title: DO of QPurltaweS STATE OF NORTH CAROLINA COUNTYOF I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ].d of DMB Belvedere, LLC. Date: A, � day of I , , 2019. Official Signature of Notary: � �� Notary's Printed or Typed Name: p — 0.11 Notary Public My Commission Expires: Zs f&S j,0v3 (Official Seal) DANA HILL NOTARY PUBLIC GREENE COUNTY, NC My Comnission Expires 02-25- 19t 6 STATE OF NORTH CAROLINA COUNTYOF I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ]. d,_.. Cl. �. ~.�i of Carolina Water Service, Inc. of North Carolina. Date: 1 4"` day of .. 2019. Official Signature of Notary: Notary's Printed or Typed Name:-)..-- 0:11 , Notary Public My Commission Expires: 25 (Official Seal) DANA HILL NOTARY PUBLIC GREENE COUNTY, NC My Commission Expires 02-25- 2� 2. Map of Reclaimed Water Irrigation 3. Setback Waiver Doc No: 20056914 Recorded: 12/04/201912:54.02 PM Fee Amt: $26.00 Page 1 of 2 Pender County North Carolina Sharon Lear Willoughby, Register of Deeds BK 4699 PG 362 - 363 (2) "/DANA HILL CAROLINA WATER SERVICES State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE WASTEWATER SYSTEM WAIVER AGREEMENT TO WAIVE SETBACKS AS REQUIRED BY 15A NCAC 02T .0506(a), .0506(b), .0606(a), .0706(a) AND .1006(a) I, L„� (printed name), certify that I am a deeded owner or an authorized agent of the property located at: Address: —Parcel No.: V2 03.1 7 • VI Rf • 0000 City: State: N Zip Code: 2Sggs County: A-J" Furthermore, I certify that I am authorized to make decisions regarding this property, and that I do hereby agree that the setback distances cited below be granted to the Applicant/Permittee listed on the following page. I understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above, I consent to the following reduced setbacks: ❑ Wastewater Irrigation/Infiltration Setback to Property Lines The required setback of feet is reduced to feet, thereby allowing wastewater effluent irrigation or infiltration no closer than feet from my property line. ❑ Wastewater Irrigation/Infiltration Setback to Places of Assembly The required setback of feet is reduced to feet, thereby allowing wastewater effluent irrigation or infiltration no closer than feet from my residence(s) or place(s) of assembly. E' f Wastewater Treatment and Storage Unit Setback to Property Lines The required setback of So feet is reduced to 5 feet, thereby allowing the construction of wastewater treatment and storage units no closer than _T feet from my property line. ❑ Wastewater Treatment and Storage Unit Setback to Places of Assembly The required setback of feet is reduced to feet, thereby allowing the construction of wastewater treatment and storage units no closer than feet from my residence or place of assembly. .n Signature: /Ind 6 4"4 PU t" , , ,,Date: l� FORM: h}UWSW 02-19 Page 1 of 2 Bk 4&% P9 363 Applicant/Permittee: (�..o I r. W.1<. 5.. ,;. <g N c Permit No.: Wq oco i t,.g Address: IZ6 a.,,�„� �,;,,� Parcel No.: N2o;.IL- yg2--1 - 0000 City: State: TAc Zip Code: 9v3 County: P(,4,, NORTH CAROLINA, COUNTY I, -1 a. .. i :i l 4, , a Notary Public for Cr<,.. County, North Carolina, do hereby certify that 1,.�C 1� fo.�1 b,: �., personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the 3,1 day of , 1.,1 SEAL DANA HILL Signature of Notary Public NOTARY PUBLIC GREENE COUNTY, NC My commission expires 2-25 - a3 M�ksionF.z�eso2-z� toaa Once notarized, this form shall be recorded at the Register of Deeds in the county or counties in which the described properties are located. A copy of the recorded waiver shall be sent to the following address: Division of Water Resources Non -Discharge Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FORM: NDWSW 03-17 Page 2 of 2 4. See #1 for addition of 15A NCAC 02L .0107(f)