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HomeMy WebLinkAboutWQ0000185_Application_20200601Currituck County Eric T. Weatherly, P.E. 153 Courthouse Road, Suite 302 County Engineer Currituck, North Carolina 27929 252-232-6035 FAX 252-232-3298 Eric.Weatherly@CurrituckCountyNC.gov June 1, 2020 NCDEQ Non -Discharge Permitting Unit 1 617 Mail Service Center Raleigh, NC 27699-1617 REF: Minor Modification to Permit No. WQ00001 85 Odor Control System for Sludge Holding Tanks Ocean Sands Wastewater Treatment Plant — 200,000 GPD, Phase 1 Currituck County Currituck County wishes to apply for a Minor Modification application for a blower system to be installed in the sludge holding tanks of the Phase 1 - 200,000 gpd train of the Ocean Sands WWTP. The following attachments are contained in this electronic submittal- • High Rate Infiltration System (HRIS 06-16) Application • Property ownership documentation • Engineering Plans • Specifications • Engineering Calculations • Operation and Maintenance Plan • Existing Permit The project involves the installation of a blower and aeration system for the two sludge holding tanks in the Phase 1 — 200,000 gpd train for the Ocean Sands wastewater treatment plant. The purpose of the aeration system is for odor control. Please do not hesitate to contact me with questions or comments. Sincerely, COUNTY OF CURRITUCK Eric T. Weatherly, PE County Engineer State of North Carolina Department of Environmental Quality DWR Division of Water Resources 15A NCAC 02T .0700 — HIGH -RATE INFILTRATION SYSTEMS Division of Water Resources INSTRUCTIONS FOR FORM: HRIS 06-16 & SUPPORTING DOCUMENTATION Plans, specifications and supporting documents shall be prepared in accordance with 15A NCAC 02H .0400 (if necessary), 15A NCAC 02L .0100, 15A NCAC 02T .0100, 15A NCAC 02T .0700, Division Policies and good en2ineerin2 practices. Failure to submit all required items will necessitate additional processing and review time. For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit website General — When submitting an application to the Water Quality Permitting Section's Non -Discharge Permitting Unit, please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of requested additional information. Unless otherwise noted, the Applicant shall submit one original and two copies of the application and supporting documentation. A. Cover Letter (All Application Packages): ® List all items included in the application package, as well as a brief description of the requested permitting action. B. Application Fee (All New and Major Modification Application Packages): ❑ Submit a check, money order or electronic funds transfer made payable to: North Carolina Department of Environmental Quality (NCDEQ). The appropriate fee amount for new and major modification applications may be found at: Standard Review Project Fees. C. High -Rate Infiltration Systems (FORM: HRIS 06-16) Application (All Application Packages): ® Submit the completed and appropriately executed High -Rate Infiltration Systems (FORM: HRIS 06-16) application. Any unauthorized content changes to this form shall result in the application package being returned. If necessary for clarity or due to space restrictions, attachments to the application may be made, as long as the attachments are numbered to correspond to the section and item to which they refer. ❑ If the Applicant Type in Item I.2. is a corporation or company, provide documentation it is registered for business with the North Carolina Secretary of State. ❑ If the Applicant Type in Item I.2. is a partnership or d/b/a, enclose a copy of the certificate filed with the Register of Deeds in the county of business. ® The facility name in Item II.1. shall be consistent with the facility name on the plans, specifications, agreements, etc. ® The Professional Engineer's Certification on Page of the application shall be signed, sealed and dated by a North Carolina licensed Professional Engineer. ® The Applicant's Certification on Page 13 of the application shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ❑ If this project is for a renewal without modification, use the Non -Discharge System Renewal (FORM: NDSR) application. D. Property Ownership Documentation (All Application Packages): ➢ Per 15A NCAC 02T .0704(f), the Applicant shall demonstrate they are the owner of all property containing the wastewater treatment and high -rate infiltration facilities: ® Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or ❑ Written notarized lease agreement that specifically indicates the intended use of the property and has been signed by both parties, as well as a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107. ❑ Provide all agreements, easements, setback waivers, etc. that have a direct impact on the wastewater treatment, conveyance, storage and high -rate infiltration facilities. INSTRUCTIONS FOR FORM: HRIS 06-16 & SUPPORTING DOCUMENTATION Page 1 of 6 E. Soil Evaluation (All Application Packages that include new high -rate infiltration sites): ❑ Per 15A NCAC 02T .0704(b) and the Soil Scientist Evaluation Policy, submit a detailed soil evaluation that has been signed, sealed and dated by a North Carolina Licensed Soil Scientist and includes at a minimum: ❑ The report shall identify all the basins/fields with project name, location, and include a statement that the basins/fields were recommended for the proposed land application activity. ❑ Field delineated detailed soils map meeting all of the requirements of the Soil Scientist Evaluation Policy. ❑ Soil profile descriptions meeting all of the requirements of the Soil Scientist Evaluation Policy. ❑ Provide all soil boring logs performed at the site. ❑ For non -basins, a standard soil fertility analysis conducted no more than one year prior to permit application for each map unit in the soil map legend for the following parameters: ❑ Acidity ❑ Exchangeable sodium percentage (by calculation) ❑ Phosphorus ❑ Base saturation (by calculation) ❑ Magnesium ❑ Potassium ❑ Calcium ❑ Manganese ❑ Sodium ❑ Cation exchange capacity ❑ Percent humic matter ❑ Zinc ❑ Copper ❑ pH ➢ Saturated hydraulic conductivity (KsAT) data that shall include at a minimum: ❑ A minimum of three KsAT tests shall be conducted in the most restrictive horizon for each soil series in the soil map. ❑ All KsAT tests shall be conducted in areas representative of the site. ❑ All KsAT tests shall be run until steady-state equilibrium has been achieved. ❑ All collected KsAT data shall be submitted, including copies of field worksheets showing all collected readings. ❑ Submit a soil profile description for each KsAT data point that shall extend at least one foot below the tested horizon. ➢ Soil evaluation recommendations shall include at a minimum: ❑ A brief summary of each map unit and its composition and identification of minor contrasting soils. ❑ For non -basins, maximum precipitation rate (in/yr) for each soil/map unit within the proposed infiltration areas. ❑ Seasonal infiltration restrictions, if appropriate. ❑ Identification of areas not suitable for high -rate infiltration. ❑ Recommended geometric mean KsAT rate to be used in the water balance for each soil/map unit based upon in -situ measurement of the saturated hydraulic conductivity from the most restrictive horizon. ❑ Recommended drainage coefficient to be used in the water balance based upon comprehensive site evaluation, review of collected onsite data, minor amounts of contrasting soils and the nature of the wastewater to be applied. ❑ For non -basins, recommended annual hydraulic loading rate (in/yr) for each soil/map unit within the proposed infiltration areas based upon in -situ KsAT measurements form the most restrictive soil horizon. ❑ For basins, recommended hydraulic loading rate (GPD/fiz) for each soil/map unit within the proposed infiltration areas based upon in -situ KsAT measurements form the most restrictive soil horizon. NOTE — If the soil evaluation was performed more than one year prior to the submittal of this application package, a statement shall be included indicating that the site has not changed since the original investigation. F. Agronomist Evaluation (All Application Packages that include new infiltration sites with cover crops or new crops for existing infiltration sites): ❑ Per 15A NCAC 02T .0704(i), submit an agronomist evaluation that has been signed, sealed and dated by a qualified professional and includes at a minimum: ❑ Proposed nutrient uptake values for each cover crop based upon each field's dominant soil series and percent slope. ❑ Plant available nitrogen calculations for each cover crop using the designed effluent concentrations in Application Item V.1. and proposed mineralization and volatilization rates. ❑ Historical site consideration, soil binding and plant uptake of phosphorus. ❑ Seasonal infiltration restrictions, if appropriate. ❑ A clear and reproducible map showing all areas investigated and their relation to proposed fields and crops. ❑ Maintenance and management plan for all specified crops. INSTRUCTIONS FOR FORM: HRIS 06-16 & SUPPORTING DOCUMENTATION Page 2 of 6 G. Hydrogeologic Report (All Application Packages treating industrial waste or having a design flow over 25,000 GPD): ❑ Per 15A NCAC 02T .0704(e), the Hydrogeologic Investigation and Reporting Policy, the Groundwater Modeling Policy and the Performance and Analysis of Aquifer Slug Tests and Pumping Tests Policy, submit a detailed hydrogeologic description that has been signed, sealed and dated by a qualified professional and includes at a minimum: ❑ A hydrogeologic description to a depth of 20 feet below land surface or bedrock, whichever is less. A greater depth of investigation is required if the respective depth is used in predictive calculations. ❑ Representative borings within the infiltration areas and all proposed earthen impoundments. ❑ A description of the regional and local geology and hydrogeology. ❑ A description, based on field observations of the site, of the site topographic setting, streams, springs and other groundwater discharge features, drainage features, existing and abandoned wells, rock outcrops, and other features that may affect the movement of the contaminant plume and treated wastewater. ❑ Changes in lithology underlying the site. ❑ Depth to bedrock and occurrence of any rock outcrops. ❑ The hydraulic conductivity and transmissivity of the affected aquifer(s). ❑ Depth to the seasonal high water table (SHWT). ❑ A discussion of the relationship between the affected aquifers of the site to local and regional geologic and hydrogeologic features. ❑ A discussion of the groundwater flow regime of the site prior to operation of the proposed facility and post operation of the proposed facility focusing on the relationship of the system to groundwater receptors, groundwater discharge features, and groundwater flow media. ❑ If the SHWT is within six feet of the surface, a mounding analysis to predict the level of the SHWT after wastewater application. H. Water Balance (All Application Packages that include new or modified infiltration sites, changes in flow or changes in storage): ❑ Per the Water Balance Calculation Policy, submit information clearly demonstrating that the effluent can be assimilated regardless of precipitation events or temperature, and there are no crop or equipment maintenance issues that would necessitate storage. OR ❑ Per 15A NCAC 02T .0704(k) and the Water Balance Calculation Policy, submit a water balance that has been signed, sealed and dated by a qualified professional and includes at a minimum: ❑ At least a two-year iteration of data computation that considers precipitation into and evaporation from all open atmosphere storage impoundments, and uses a variable number of days per month. ❑ Precipitation based on the 80a' percentile and a minimum of 30 years of observed data. ❑ Potential Evapotranspiration (PET) using the Thomthwaite method, or another approved methodology, using a minimum of 30 years of observed temperature data. ❑ Soil drainage based on the geometric mean of the in -situ KSAT tests in the most restrictive horizon and a drainage coefficient ranging from 4 to 10% (unless otherwise technically documented). ➢ Other factors that may restrict the hydraulic loading rate when determining a water balance include: ❑ Depth to the SHWT and groundwater lateral movement that may result in groundwater mounding. ❑ Nutrient limitations and seasonal application times to ensure high -rate infiltration does not exceed agronomic rates. ❑ Crop management activities resulting in cessation of infiltration for crop removal. NOTE — High -Rate Infiltration Systems serving residential facilities shall have a minimum of 14 days of wet weather storage. L Engineering Plans (All Application Packages): ® Per 15A NCAC 02T .0704(c)(1), submit standard size and 11 x 17-inch plan sets that have been signed, sealed and dated by a North Carolina licensed Professional Engineer, and shall include at a minimum: ® Table of contents with each sheet numbered. ® A general location map with at least two geographic references and a vicinity map. ® A process and instrumentation diagram showing all flow, recycle/return, aeration, chemical, electrical and wasting paths. ® Plan and profile views of all treatment and storage units, including their piping, valves, and equipment (i.e., pumps, blowers, mixers, diffusers, flow meters, etc.), as well as their dimensions and elevations. ® Details of all piping, valves, pumps, blowers, mixers, diffusers, recording devices, fencing, auxiliary power, etc. ❑ A hydraulic profile from the treatment plant headworks to the highest infiltration point. ❑ The high -rate infiltration area with an overlay of the suitable infiltration areas depicted in the Soil Evaluation. ❑ For non -basins, each nozzle/emitter and its wetted area influence and each infiltration zone labeled as it will be operated. ❑ For non -basins, locations within the infiltration system of air releases, drains, control valves, highest infiltration nozzle/emitter, etc. ❑ For non -basin automated infiltration systems, provide the location and details of the precipitation/soil moisture sensor. ® Plans shall represent a completed design and not be labeled with preliminary phrases (e.g., FOR REVIEW ONLY, NOT FOR CONSTRUCTION, etc.) that indicate they are anything other than final specifications. However, the plans may be labeled with the phrase: FINAL DESIGN - NOT RELEASED FOR CONSTRUCTION. INSTRUCTIONS FOR FORM: HRIS 06-16 & SUPPORTING DOCUMENTATION Page 3 of 6 Specifications (All Application Packages): ® Per 15A NCAC 02T .0704(c)(2), submit specifications that have been signed, sealed and dated by a North Carolina licensed Professional Engineer, and shall include at a minimum: ® Table of contents with each section/page numbered. ® Detailed specifications for each treatment/storage/infiltration unit, as well as all piping, valves, equipment (i.e., pumps, blowers, mixers, diffusers, flow meters, etc.), nozzles/emitters, precipitation/soil moisture sensor (if applicable), audible/visual high water alarms, liner material, etc. ❑ Site Work (i.e., earthwork, clearing, grubbing, excavation, trenching, backfilling, compacting, fencing, seeding, etc.) ❑ Materials (i.e., concrete, masonry, steel, painting, method of construction, etc.) ❑ Electrical (i.e., control panels, transfer switches, automatically activated standby power source, etc.) ❑ Means for ensuring quality and integrity of the finished product, including leakage, pressure and liner testing. ® Specifications shall represent a completed design and not be labeled with preliminary phrases (e.g., FOR REVIEW ONLY, NOT FOR CONSTRUCTION, etc.) that indicate they are anything other than final specifications. However, the specifications may be labeled with the phrase: FINAL DESIGN - NOT RELEASED FOR CONSTRUCTION. K. Engineering Calculations (All Application Packages): ® Per 15A NCAC 02T .0704(c)(3), submit engineering calculations that have been signed, sealed and dated by a North Carolina licensed Professional Engineer, and shall include at a minimum: ❑ Hydraulic and pollutant loading calculations for each treatment unit demonstrating how the designed effluent concentrations in Application Item V.1. were determined. ® Sizing criteria for each treatment unit and associated equipment (i.e., blowers, mixers, flow meters, pumps, etc.). ❑ Total and effective storage calculations for each storage unit. ❑ Friction/total dynamic head calculations and system curve analysis for each pump used. ❑ Manufacturer's information for all treatment units, pumps, blowers, mixers, diffusers, flow meters, etc. ❑ Flotation calculations for all treatment and storage units constructed partially or entirely below grade. ❑ For non -basins, a demonstration that the designed maximum precipitation and annual loading rates do not exceed the recommended rates. ❑ For basins, a demonstration that the designed loading rate (GPD/ft2) does not exceed the recommended rate. ❑ A demonstration that the specified auxiliary power source is capable of powering all essential treatment units. L. Site Map (All Application Packages): ❑ Per 15A NCAC 02T .0704(d)1 submit standard size and 11 x 17-inch site maps that have been signed, sealed and dated by a North Carolina licensed Professional Engineer and/or Professional Land Surveyor, and shall include at a minimum: ❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility -related structures and fences within the wastewater treatment, storage and infiltration areas. ❑ Soil mapping units shown on all infiltration sites. ❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage and infiltration sites. ❑ Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108. ❑ Setbacks as required by 15A NCAC 02T .0706. ❑ Site property boundaries within 500 feet of all wastewater treatment, storage and infiltration sites. ❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage and infiltration sites. NOTE — For clarity, multiple site maps of the facility with cut sheet annotations may be submitted. M. Power Reliability Plan (All Application Packages): ❑ Per 15A NCAC 02T .0705(k), submit documentation of power reliability that shall consist of at a minimum: ❑ An automatically activated standby power supply onsite that is capable of powering all essential treatment units under design conditions, OR ➢ Approval from the Director that the facility: ❑ Serves a private water distribution system that has automatic shut-off during power failures and has no elevated water storage tanks, ❑ Has sufficient storage capacity that no potential for overflow exists, and ❑ Can tolerate septic wastewater due to prolonged detention. INSTRUCTIONS FOR FORM: HRIS 06-16 & SUPPORTING DOCUMENTATION Page 4 of 6 N. Operation and Maintenance Plan (All Application Packages): ® Per 15A NCAC 02T .0707, submit an operation and maintenance (O&M) plan encompassing all wastewater treatment, storage and infiltration systems that shall include at a minimum a description of: ® Operation of the wastewater treatment, storage and infiltration systems in sufficient detail to show what operations are necessary for the system to function and by whom the functions are to be conducted. ❑ Anticipated maintenance of the wastewater treatment, storage and infiltration systems. ❑ Safety measures, including restriction of access to the site and equipment. ❑ Spill prevention provisions such as response to upsets and bypasses, including how to control, contain and remediate. ❑ Contact information for plant personnel, emergency responders and regulatory agencies. NOTE — A final O&M Plan shall be submitted with the partial and/or final Engineering Certification required under 15A NCAC 02T .0116, however, a preliminary O&M Plan shall be submitted with each application package. O. Residuals Management Plan (All Application Packages with new, expanding or replacement wastewater treatment systems): ❑ Per 15A NCAC 02T .0704(j) and .0708, submit a Residuals Management Plan that shall include at a minimum: ❑ A detailed explanation of how generated residuals (including trash, sediment and grit) will be collected, handled, processed, stored, treated, and disposed. ❑ An evaluation of the treatment facility's residuals storage requirements based upon the maximum anticipated residuals production rate and ability to remove residuals. ❑ A permit for residuals utilization or a written commitment to the Applicant from a Permittee of a Department approved residuals disposal/utilization program that has adequate permitted capacity to accept the residuals or has submitted a residuals/utilization program application. ❑ If oil/grease removal and collection are a designed unit process, submit an oil/grease disposal plan detailing how the oil/grease will be collected, handled, processed, stored and disposed. NOTE — Per 15A NCAC 02T .0705(n), a minimum of 30 days of residual storage shall be provided. NOTE — Per 15A NCAC 02T .07040), a written commitment to the Applicant from a Permittee of a Department approved residuals disposal/utilization program is not required at the time of this application, however, it shall be provided prior to operation of any permitted facilities herein. NOTE — If an on -site restaurant or other business with food preparation is contributing wastewater to this system, an oil/grease disposal plan shall be submitted. P. Additional Documentation: ➢ Certificate of Public Convenience and Necessity (All Application Packages for Privately -Owned Public Utilities): ❑ Per 15A NCAC 02T .0115(a)(1) and .0704(a), provide the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the wastewater treatment and high -rate infiltration system, or ❑ Provide a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an application for a franchise has been received and that the service area is contiguous to an existing franchised area or that franchise approval is expected. ➢ Existing Permit (All Modification Packages): ® Submit the most recently issued existing permit. ❑ Provide a list of any items within the permit the Applicant would like the Division to address during the permit modification (i.e., compliance schedules, permit description, monitoring, permit conditions, etc.). ➢ Final Environmental Document (All Application Packages using public monies or lands subject to the North Carolina Environmental Policy Act under 15A NCAC 01C.0100 to .0400): ❑ Per 15A NCAC 02T .0105(c)(4), submit one copy of the environmental assessment and three copies of the final environmental document (i.e., Finding of No Significant Impact or Record of Decision). ❑ Include information on any mitigating factors from the Environmental Assessment that impact the design and/or construction of the wastewater treatment and high -rate infiltration system. ➢ Floodway Regulation Compliance (All Application Packages where any portion of the wastewater treatment, storage and infiltration system is located within the 100-year floodplain): ❑ Per 15A NCAC 02T .0105(c)(8), provide written documentation from all local governing entities that the facility is in compliance with all local ordinances regarding construction or operation of wastewater treatment and/or disposal facilities within the floodplain. INSTRUCTIONS FOR FORM: HRIS 06-16 & SUPPORTING DOCUMENTATION Page 5 of 6 P. Additional Documentation (continued): ➢ Operational Agreements (All Application Packages for Home/Property Owners' Associations and Developers of lots to be sold): ➢ Home/Property Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit the properly executed Operational Agreement (FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit the proposed or approved Articles of Incorporation, Declarations and By-laws. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T .0115(b), submit the properly executed Operational Agreement (FORM: DEV). ➢ Threatened or Endangered Aquatic Species Documentation (All Application Packages): ❑ Per 15A NCAC 02T .0105(c)(10), submit documentation from the Department's Natural Heritage Prog am demonstrating the presence or absence of threatened or endangered aquatic species within the boundary of the wastewater treatment, storage and infiltration facilities. ❑ If the facility directly impacts such species, this documentation shall provide information on the need for permit conditions pursuant to 15A NCAC 02B .0110. ➢ Wastewater Chemical Analysis (All Application Packages treating Industrial Waste): ❑ Per 15A NCAC 02T .0704(h), provide a complete Division certified laboratory chemical analysis of the effluent to be infiltrated for the following parameters (For new facilities, an analysis from a similar facility's effluent is acceptable): ❑ Ammonia Nitrogen (NH3-N) ❑ Nitrate Nitrogen (NO 3-N) ❑ Total Organic Carbon ❑ Calcium ❑ pH ❑ Total Phosphorus ❑ Chemical Oxygen Demand (COD) ❑ Phenol ❑ Total Trihalomethanes ❑ Chloride ❑ Sodium ❑ Total Volatile Organic Compounds ❑ Fecal Coliform ❑ Sodium Adsorption Ratio (SAR) ❑ Toxicity Test Parameters ❑ 5-day Biochemical Oxygen Demand (BODO ❑ Total Dissolved Solids ❑ Magnesium ❑ Total Kjeldahl Nitrogen (TKN) THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 TELEPHONE NUMBER: (919) 807-6464 By Courier/Special Delivery: 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27604 FAX NUMBER: (919) 807-6496 INSTRUCTIONS FOR FORM: HRIS 06-16 & SUPPORTING DOCUMENTATION Page 6 of 6 State of North Carolina Department of Environmental Quality DWR Division of Water Resources 15A NCAC 02T .0700 — HIGH -RATE INFILTRATION SYSTEMS Division of Water Resources FORM: MUS 06-16 L APPLICANT INFORMATION: 1. Applicant's name: County of Currituck 2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State ❑ Municipal ® County 3. Signature authority's name: Ben Stikeleather per 15A NCAC 02T .0106(b) Title: County Manager 4. Applicant's mailing address: 153 Courthouse Road, Suite 302 City: Currituck State: NC Zip: 27929- 5. Applicant's contact information: Phone number: (252) 232-2075 Email Address: ben.stikeleather&currituckcoiMnc.gov IL FACILITY INFORMATION: 1. Facility name: Ocean Sands WWTP 2. Facility status: Existing 3. Facility type: Major (> 10,000 GPD or> 300 disposal acres) 4. Facility's physical address: 741 Ocean Trail City: Corolla State: NC Zip: 27927- County: Currituck 5. Wastewater Treatment Facility Coordinates (Decimal Degrees): Latitude: 36.322662' Longitude:-75.815341 ° Datum: NAD83 Level of accuracy: Nearest 10 seconds Method of measurement: Digital or raw photo extraction 6. USGS Map Name: Mossey Island, NC III. CONSULTANT INFORMATION: 1. Professional Engineer: Eric T. Weatherly License Number: 014996 Firm: NA Mailing address: 153 Courthouse Road, Suite 302 City: Currituck State: NC Zip: 27929- Phone number: (252) 232-6035 Email Address: eric.weatheLly@currituckcomVnc.gov nc.gov 2. Soil Scientist: License Number: Firm: Mailing address: City: State: Zip: - Phone number: (_) _- Email Address: 3. Geologist: License Number: Firm: Mailing address: City: State: Zip: - Phone number: (_) _- Email Address: 4. Agronomist: Firm: Mailing address: City: State: Zip: - Phone number: (_) _- Email Address: FORM: HRIS 06-16 Page 1 of 13 IV. GENERAL REQUIREMENTS —15A NCAC 02T .0100: 1. Application type: ❑ New ❑ Major Modification ® Minor Modification If a modification, provide the existing permit number: WQ0000185 and most recent issuance date: April 30, 2019 2. Application fee: $0 - Standard - Minor Modification 3. Does this project utilize public monies or lands? ® Yes or ❑ No If yes, was an Environmental Assessment required under 15A NCAC 01C? ❑ Yes or ® No If yes, which final environmental document is submitted? ❑ Finding of No Significant Impact or ❑ Record of Decision Briefly describe any mitigating factors from the Environmental Assessment that may impact this facility: 4. What is the status of the following permits/certifications applicable to the subject facility? Permit/Certification Date Submitted Date Approved Permit/Certification Number Agency Reviewer Collection System (Q > 200,000 GPD) Dam Safety Erosion & Sedimentation Control Plan Nationwide 12 / Section 404 Pretreatment Sewer System Stormwater Management Plan Wetlands 401 Other: 5. What is the wastewater type? ® Domestic or Industrial (See 15A NCAC 02T .0103(20)) Is there a Pretreatment Program in effect? ❑ Yes or ❑ No Has a wastewater chemical analysis been submitted? ❑ Yes or ❑ No 6. Wastewater flow: 600,000 GPD Limited by: ® Treatment, ❑ Storage, ❑ Field/Basin Hydraulics, ❑ Field Agronomics or ❑ Groundwater Mounding 7. Explain how the wastewater flow was determined: ❑ 15A NCAC 02T .0114 or ❑ Representative Data Has a flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes or ❑ No Establishment Type Daily Design Flow a No. of Units Flow gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total GPD a See 15A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). FORM: HRIS 06-16 Page 2 of 13 IV. GENERAL REQUIREMENTS —15A NCAC 02T .0100 (continued): 8. What is the nearest 100-year flood elevation to the facility? feet mean sea level. Source: IAre any treatment, storage or infiltration facilities located within the 100-year flood plain? ❑ Yes or ❑ No Iy` If yes, which facilities are affected and what measures are being taken to protect them against flooding? If yes, has the Applicant submitted written documentation of compliance with § 143 Article 21 Part 6? ❑ Yes or ❑ No 9. Has the Applicant provided documentation of the presence or absence of threatened or endangered aquatic species utilizing information provided by the Department's Natural Heritage Program? ❑ Yes or ❑ No 10. Does the facility have a proposed or existing groundwater monitoring well network? ❑ Yes or ❑ No If no, provide an explanation as to why a groundwater monitoring well network is not proposed: If yes, complete the following table (NOTE — This table may be expanded for additional wells): Well Name Status Latitude a Longitude a Gradient Location Select - Select Select Select - Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select Select - Select Select a Provide the following latitude and longitude coordinate determination information: Datum: Select Level of accuracy: Select Method of measurement: Select 11. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been submitted? ❑ Yes, ❑No or ®N/A 12. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been submitted? ❑ Yes, ❑No or ®N/A 13. If the Applicant is a Home/Property Owners' Association, has an Association Operational Agreement (FORM: HOA) been submitted? ❑ Yes, ❑No or ®N/A 14. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ® No FORM: HRIS 06-16 Page 3 of 13 V. WASTEWATER TREATMENT FACILITY DESIGN CRITERIA —15A NCAC 02T .0705: 1. For the following parameters, provide the estimated influent concentrations and designed effluent concentrations as determined in the Engineering Calculations, and utilized in the Agronomic Evaluation and Groundwater Modeling (if applicable): Parameter Estimated Influent Concentration Designed Effluent Concentration (monthly average) Ammonia Nitrogen (NH3-N) mg/L mg/L Biochemical Oxygen Demand (BODO mg/L mg/L Fecal Coliforms per 100 mL Nitrate Nitrogen (NO3-N) mg/L mg/L Nitrite Nitrogen (NO2-N) mg/L mg/L Total Kjeldahl Nitrogen mg/L Total Nitrogen mg/L mg/L Total Phosphorus mg/L mg/L Total Suspended Solids (TSS) mg/L mg/L 2. Is flow equalization of at least 25% of the average daily flow provided? ❑ Yes or ❑ No 3. Does the treatment facility include any bypass or overflow lines? ❑ Yes or ❑ No If yes, describe what treatment units are bypassed, why this is necessary, and where the bypass discharges: 4. Are multiple pumps provided wherever pumps are used? ❑ Yes or ❑ No If no, how does the Applicant intend on complying with 15A NCAC 02T .0705(i)? 5. Check the appropriate box describing how power reliability will be provided in accordance with 15A NCAC 02T .0705(k): ❑ Automatically activated standby power supply onsite capable of powering all essential treatment units; or ❑ Approval from the Director that the facility: ➢ Has a private water supply that automatically shuts off during power failures and does not contain elevated water storage tanks; ➢ Has sufficient storage capacity that no potential for overflow exists; and ➢ Can tolerate septic wastewater due to prolonged detention. 6. If the wastewater treatment system is located within the 100-year flood plain, are there water -tight seals on all treatment units or a minimum of two feet protection from the 100-year flood plain elevation? ❑ Yes, ❑ No or ❑ N/A 7. In accordance with 15A NCAC 02T .0705(n), how many days of residuals storage are provided? 8. How does the Applicant propose to prohibit public access to the wastewater treatment and storage facilities? 9. If an influent pump station is part of the proposed facility (i.e., within the wastewater treatment plant boundary), does the influent pump station meet the design criteria in 15A NCAC 02T .0305(h)? ❑ Yes, ❑ No, ❑ N/A — To be permitted separately, or ❑ N/A — Gravity fed 10. If septic tanks are part of the wastewater treatment facility, do the septic tanks adhere to the standards in 15A NCAC 18A .1900? ❑ Yes, ❑ No or ❑ N/A FORM: HRIS 06-16 Page 4 of 13 V. WASTEWATER TREATMENT FACILITY DESIGN CRITERIA —15A NCAC 02T .0705 (continued): 11. Provide the requested treatment unit and mechanical equipment information: a. PRELIMINARY / PRIMARY TREATMENT (i.e., physical removal operations and flow equalization): Treatment Unit No. of Units Manufacturer or Material Dimensions (ft) / S acin s (in) Volume (gallons) Plan Sheet Reference Specification Reference Select Select Select Select Select b. SECONDARY / TERTIARY TREATMENT (i.e., biological and chemical processes to remove organics and nutrients) Treatment Unit No. of Units Manufacturer or Material Dimensions (ft) Volume (gallons) Plan Sheet Reference Specification Reference Select Select Select Select Select Select Select Select c. DISINFECTION No. of Manufacturer or Volume Plan Sheet Specification Treatment Unit Dimensions (ft) Units Material (gallons) Reference I Reference Select Select ➢ If chlorination is the proposed method of disinfection, specify detention time provided: minutes (NOTE — 30 minutes minimum required), and indicate what treatment unit chlorine contact occurs: ➢ If ultraviolet (UV) light is the proposed method of disinfection, specify the number of banks: number of lamps per bank: and maximum disinfection capacity: GPM. d. RESIDUAL TREATMENT No. of Manufacturer or Volume Plan Sheet Specification Treatment Unit Dimensions (ft) Units Material (gallons) Reference Reference Other Kaeser blower Select FORM: HRIS 06-16 Page 5 of 13 V. WASTEWATER TREATMENT FACILITY DESIGN CRITERIA —15A NCAC 02T .0705 (continued): e. PUMPS Location No. of Pumps Purpose Manufacturer / Type Capacity I Plan Sheet I Reference Specification Reference GPM I TDH f. BLOWERS Location No. of No. Units Served Manufacturer / Type Capacity (CFM) Plan Sheet Reference Specification Reference g. MIXERS Location No. of Mixers Units Served Manufacturer / Type Power (hp) Plan Sheet Reference Specification Reference h. RECORDING DEVICES & RELIABILITY Device No. of Units Location Manufacturer Maximum Capacity Plan Sheet Reference Specification Reference Select Select Select Select i. EFFLUENT PUMP / DOSING TANK (IF APPLICABLE): Plan Sheet Reference Specification Reference Internal dimensions (L x W x H or 9 x H) ft ft ft Total volume ft-1 gallons Dosing volume ft-1 gallons Audible & visual alarms Equipment to prevent infiltration during rain events (if applicable) h M FORM: HRIS 06-16 Page 6 of 13 VI. EARTHEN STORAGE IMPOUNDMENT DESIGN CRITERIA —15A NCAC 02T .0705: IF MORE THAN ONE IMPOUNDMENT, PROVIDE ADDITIONAL COPIES OF THIS PAGE AS NECESSARY. 1. What is the earthen impoundment type? Select 2. Storage Impoundment Coordinates (Decimal Degrees): Latitude: 0Longitude: - ° Datum: Select Level of accuracy: Select Method of measurement: Select 3. Do any impoundments include a discharge point (pipe, spillway, etc)? ❑ Yes or ❑ No 4. Are subsurface drains present beneath or around the impoundment to control groundwater elevation? ❑ Yes or ❑ No 5. Is the impoundment designed to receive surface runoff? ❑ Yes or ❑ No If yes, what is the drainage area? It, and was this runoff incorporated into the water balance? ❑ Yes or ❑ No 6. If a liner is present, how will it be protected from wind driven wave action?: 7. Will the earthen impoundment water be placed directly into or in contact with GA classified groundwater? ❑ Yes or ❑ No If yes, has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a contravention of GA groundwater standards? ❑ Yes or ❑ No 8. What is the depth to bedrock from the earthen impoundment bottom elevation? It If the depth to bedrock is less than four feet, has the Applicant provided a liner with a hydraulic conductivity no greater than 1 x 10-7 cm/s? ❑ Yes, �o or ❑ N/A Has the Applicant provided predictive calculations or modeling demonstrating that surface water or groundwater standards will not be contravened? ❑ Yes or ❑ No If the earthen impoundment is excavated into bedrock, has the Applicant provided predictive calculations or modeling demonstrating that surface water or groundwater standards will not be contravened? ❑ Yes, ❑ No or ❑ N/A 9. If the earthen impoundment is lined and the mean seasonal high water table is higher than the impoundment bottom elevation, how will the liner be protected (e.g., bubbling, groundwater infiltration, etc.)? 10. If applicable, provide the specification page references for the liner installation and testing requirements: 11. If the earthen impoundment is located within the 100-year flood plain, has a minimum of two feet of protection (i.e., top of embankment elevation to 100-year flood plain elevation) been provided? ❑ Yes or ❑ No 12. Provide the requested earthen impoundment design elements and dimensions: Earthen Impoundment Design Elements Earthen Impoundment Dimensions Liner type: ❑ Clay I ❑ Synthetic Top of embankment elevation: ft ❑ Other I ❑ Unlined Liner hydraulic conductivity: x cm/s Freeboard elevation: ft Hazard class: Select Toe of slope elevation: ft Designed freeboard: It Impoundment bottom elevation: ft Total volume: ft3 gallons Mean seasonal high water table depth: ft Effective volume: ft3 gallons Embankment slope: Effective storage time: days Top of dam water surface area: ft` Plan Sheet Reference: Freeboard elevation water surface area: ft` Specification Section: Bottom of impoundment surface area: ft2 NOTE — The effective volume shall be the volume between the two foot freeboard elevation and the: (1) pump intake pipe elevation; (2) impoundment bottom elevation or (3) mean seasonal high water table, whichever is closest to the two foot freeboard elevation. FORM: HRIS 06-16 Page 7 of 13 VIL INFILTRATION SYSTEM DESIGN CRITERIA —15A NCAC 02T .0705: 1. Provide the minimum depth to the seasonal high water table within the infiltration area: NOTE — The vertical separation between the seasonal high water table and the ground surface shall be at least one foot. 2. Are there any artificial drainage or water movement structures (e.g., surface water or groundwater) within 200 feet of the infiltration area? ❑ Yes or ❑ No If yes, were these structures addressed in the Soil Evaluation and/or Hydrogeologic Report, and are these structures to be maintained or modified? 3. Soil Evaluation recommended loading rates (NOTE — This table may be expanded for additional soil series): Soil Series Basins/Fields within Soil Series Recommended Loading Rate (in/hr) Recommended Loading Rate (in/yr) Recommended Loading Rate (GPD/ft2) Annual / Seasonal Loading If Seasonal, list appropriate months Select Select Select Select Select Select 4. Are the designed loading rates less than or equal to Soil Evaluation recommended loading rates? ❑ Yes or ❑ No If no, how does the Applicant intend on complying with 15A NCAC 02T .0705(m)? 5. How does the Applicant propose to prohibit public access to the infiltration facilities? 6. Has the infiltration system been equipped with a flow meter to accurately determine the volume of effluent applied to each basin/field as listed in VIL8.? ❑ Yes or ❑ No If no, how does the Applicant intend on determining the amount of effluent applied to each basin/field? 7. For non -basins, provide the required cover crop information and demonstrate the effluent will be applied at or below agronomic rates: Cover Crop Soil Series % Slope Nitrogen Uptake Rate (lbs/ac r) Phosphorus Uptake Rate (lbs/ac r) a. Specify where the nitrogen and phosphorus uptake rates for each cover crop were obtained: b. Proposed nitrogen mineralization rate: c. Proposed nitrogen volatilization rate: d. Minimum infiltration area from the Agronomist Evaluation's nitrogen balance: ft2 e. Minimum infiltration area from the Agronomist Evaluation's phosphorus balance: ft2 f. Minimum infiltration area from the water balance: ft, FORM: HRIS 06-16 Page 8 of 13 VIL INFILTRATION SYSTEM DESIGN CRITERIA —15A NCAC 02T .0705 (continued): 8. Basin/Field Information (NOTE — This table may be expanded for additional fields): Basin/ Field Area (acres) Dominant Soil Series Designed Loading Rate (in/hr) Designed Loading Rate (in/ r) Designed Loading Rate (GPD/ftz) a Latitude a Longitude aterbody Stream Index No. n Classification 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total a Provide the following latitude and longitude coordinate determination information: Datum: Select Level of accuracy: Select Method of measurement: Select b For assistance determining the waterbody stream index number and its associated classification, instructions may be downloaded at: http:Hdeg.nc.gov/about/divisions/water-resources/plaminLclassification-standards/classifications 9. High -Rate Infiltration System design criteria: a. Infiltration Fields: Spray Infiltration Design Elements Drip Infiltration Design Elements Nozzle wetted diameter: ft Emitter wetted area: ft2 Nozzle wetted area: ft, Distance between laterals: ft Nozzle capacity: GPM Distance between emitters: ft Nozzle manufacturer/model: / Emitter capacity: GPH Elevation of highest nozzle: ft Emitter manufacturer/model: / Specification Section: Elevation of highest emitter: ft Specification Section: FORM: HRIS 06-16 Page 9 of 13 VIL INFILTRATION SYSTEM DESIGN CRITERIA —15A NCAC 02T .0705 (continued): b. Infiltration Basins: IF MORE THAN TWO BASINS, PROVIDE ADDITIONAL COPIES OF THIS PAGE AS NECESSARY. Infiltration Basin Design Elements Infiltration Basin Dimensions Basin Name: Top of embankment elevation: ft Hazard class: Select Freeboard elevation: ft Designed freeboard: It Toe of slope elevation: ft Total volume: ft3 Impoundment bottom elevation: ft Infiltrative surface area: ft, Mean seasonal high water table depth: It Daily infiltrative capacity: GPD Embankment slope: Plan Sheet Reference: Top of dam water surface area: ft2 Specification Section: Freeboard elevation water surface area: ft2 Bottom of impoundment surface area: ft2 i. Does this basin include a discharge point (pipe, spillway, etc)? ❑ Yes or ❑ No ii. Are subsurface drains present around the impoundment to control groundwater elevation? ❑ Yes or ❑ No iii. Is the basin designed to receive surface runoff? ❑ Yes or ❑ No If yes, what is the drainage area? ft2, and was this runoff incorporated into the loading rate? ❑ Yes or ❑ No iv. Will the effluent be placed directly into or in contact with GA classified groundwater? ❑ Yes or ❑ No If yes, has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a contravention of GA groundwater standards? ❑ Yes or ❑ No v. If the infiltration basin is located within the 100-year flood plain, has a minimum of two feet of protection (i.e., top of embankment elevation to 100-year flood plain elevation) been provided? ❑ Yes or ❑ No Infiltration Basin Design Elements Infiltration Basin Dimensions Basin Name: Top of embankment elevation: ft Hazard class: Select Freeboard elevation: ft Designed freeboard: ft Toe of slope elevation: ft Total volume: ft3 Impoundment bottom elevation: ft Infiltrative surface area: ft2 Mean seasonal high water table depth: ft Daily infiltrative capacity: GPD Embankment slope: Plan Sheet Reference: Top of dam water surface area: ft2 Specification Section: Freeboard elevation water surface area: ft2 Bottom of impoundment surface area: ft2 i. Does this basin include a discharge point (pipe, spillway, etc)? ❑ Yes or ❑ No ii. Are subsurface drains present around the impoundment to control groundwater elevation? ❑ Yes or ❑ No iii. Is the basin designed to receive surface runoff? ❑ Yes or ❑ No If yes, what is the drainage area? ft2, and was this runoff incorporated into the loading rate? ❑ Yes or ❑ No iv. Will the effluent be placed directly into or in contact with GA classified groundwater? ❑ Yes or ❑ No If yes, has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a contravention of GA groundwater standards? ❑ Yes or ❑ No v. If the infiltration basin is located within the 100-year flood plain, has a minimum of two feet of protection (i.e., top of embankment elevation to 100-year flood plain elevation) been provided? ❑ Yes or ❑ No FORM: HRIS 06-16 Page 10 of 13 VIIL SETBACKS —15A NCAC 02T .0706: 1. Does the project comply with all setbacks found in the river basin rules (15A NCAC 02B .0200)? ❑ Yes or ❑ No If no, list non -compliant setbacks: 2. Have any setback waivers been obtained in order to comply with 15A NCAC 02T .706(a) and .0706(d)? ❑ Yes or ❑ No If yes, have these waivers been written, notarized and signed by all parties involved and recorded with the County Register of Deeds? ❑ Yes or ❑ No 3. Provide the minimum field observed distances (ft) for each setback parameter to the infiltration system and treatment/storage units (NOTE — Distances greater than 500 feet may be marked N/A): Setback Parameter Infiltration System Treatment / �Storagc Units Any habitable residence or place of assembly under separate ownership or not to be maintained as part of the project site Any habitable residence or place of assembly owned by the Permittee to be maintained as art of the project site Any private or public water supply source Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) Subsurface groundwater lowering drainage systems Surface water diversions (ephemeral streams, waterways, ditches) Any well with exception of monitoring wells Any property line Top of slope of embankments or cuts of two feet or more in vertical height Any water line from a disposal system Any swimming pool Public right of way Nitrification field Any building foundation or basement Impounded public water supplies Public shallow groundwater supply (less than 50 feet deep) 4. Does the Applicant intend on complying with either 15A NCAC 02T .0706(b) or (c)? ❑ Yes or ❑ No If yes, what are the designed Total Nitrogen and Total Phosphorus effluent concentrations? TN: _ mg/L TP: _ mg/L 5. Does the Applicant intend on complying with the High -Rate Policy issued October 27, 2006? ❑ Yes or ❑ No If yes, verify the following information: ✓ Are the most stringent effluent standards in both 15A NCAC 02T .0705(b) and 15A NCAC 02U .0301(b) met? ❑Yes or❑No ✓ Is duality provided for all treatment units per 15A NCAC 02U .0402(c)? ❑ Yes or ❑ No ✓ Continuous online monitoring and recording of effluent for turbidity? ❑ Yes or ❑ No ✓ A lined 5-day upset pond is provided? ❑ Yes or ❑ No ✓ The 5-day upset pond has restricted access? ❑ Yes or ❑ No ✓ A certified operator of a grade equal or greater than the facility classification is on call 24 hrs/day? ❑ Yes or ❑ No FORM: HRIS 06-16 Page 11 of 13 IX. COASTAL WASTE TREATMENT DISPOSAL REQUIREMENTS —15A NCAC 02H .0400: 1. Is this facility located in a Coastal Area as defined per 15A NCAC 02H .0403? ❑ Yes or ❑ No For assistance determining if the facility is located within the Coastal Area, a reference map may be downloaded at: Coastal Areas Boundary. 2. Is this an Interim Treatment and Disposal Facility per 15A NCAC 02H .0404(a)? ❑ Yes or ❑ No NOTE — Interim facilities do not include County and Municipal area -wide collection and treatment systems. IF ANSWERED YES TO ITEMS IX.1. AND IX.2., THEN COMPLETE ITEMS IX.3. THROUGH IX.16. 3. Is equalization of at least 25% of the average daily flow provided? ❑ Yes or ❑ No 4. How will noise and odor be controlled? 5. Is an automatically activated standby power source provided? ❑ Yes or ❑ No 6. Are all essential treatment units provided in duplicate? ❑ Yes or ❑ No NOTE — Per 15A NCAC 02T .010306), essential treatment units are defined as any unit associated with the wastewater treatment process whose loss would likely render the facility incapable of meeting the required performance criteria, including aeration units or other main treatment units, clarification equipment, filters, disinfection equipment, pumps and blowers. 7. Are the disposal units (i.e., infiltration basins/fields) provided in duplicate? ❑ Yes or ❑ No 8. Is there an impounded public surface water supply within 500 feet of the infiltration area? ❑ Yes or ❑ No 9. Is there a public shallow groundwater supply (less than 50 feet deep) within 500 feet of the infiltration area? ❑ Yes or ❑ No 10. Is there a private groundwater supply within 100 feet of the infiltration area? ❑ Yes or ❑ No 11. Are there any SA classified waters within 100 feet of the infiltration area? ❑ Yes or ❑ No 12. Are there any non -SA classified waters within 50 feet of the infiltration area? ❑ Yes or ❑ No 13. Are there any surface water diversions (i.e., drainage ditches) within 25 feet of the infiltration area? ❑ Yes or ❑ No 14. Per the requirements in 15A NCAC 02H .0404(g)(7), how much green area is provided? W 15. Is the green area clearly delineated on the plans? ❑ Yes or ❑ No 16. Is the spray infiltration wetted area within 200 feet of any adjoining properties? ❑ Yes, ❑ No or ❑ N/A X. GROUNDWATER LOWERING SYSTEM DESIGN: 1. Does this project utilize a groundwater lowering system? ❑ Yes or ❑ No (If yes, complete Items X.2. through X.4.) 2. Is the groundwater lowering system: ❑ mechanically lowered (i.e., pumped) or ❑ gravity fed? 3. Where does the groundwater lowering drainage system discharge? If the system mechanically lowers groundwater and discharges directly or indirectly (i.e., pond overflow) to surface waters, wetlands and/or stormwater structures, provide the date the Applicant obtained written confirmation from the Water Quality Regional Operations Section that operation of the groundwater lowering drainage system will not adversely affect surface waters of the State. Submitted: & Received: 4. Groundwater lowering system design criteria: Groundwater Lowering System Design Pipe diameter: in Discharge rate: GPD Pipe material: Method to measure discharge rate: Pipe depth: ft Number of pumps: Pipe length: ft Pump capacity: GPM TDH Pipe slope (gravity -fed): % Plan Sheet Reference: Trench backfill material: Specification Section: FORM: HRIS 06-16 Page 12 of 13 Professional Engineer's Certification: I, Eric T. Weatherly _ attest that this application for (Professional Engineer's name from Application Item II1.1.) Ocean Sands WWTP (Facility name from Application Item II.1.) has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance withh this application package and its instructions, as well as all applicable regulations and statutes. Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Professional Engineer's seal, signature, and date:CV �EAL _J 14996 i Applicant's Certification per 15A NCAC 02T .0106(b): I, Ben Stikeleather attest that this application for (Signature Authority's name & title from Application Item I.3.) Ocean Sands WWTP (Facility name from Application Item II.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,00 as well as ivil penalties up to $25,000 per violation. ure:JA7-�_ l� SignatDate: FORM: HRIS 06-16 Page 13 of 13 PROPERTY OWNERSHIP DOCUMENTATION For Odor Control System for Sludge Holding Tanks Ocean Sands Wastewater Treatment Plant 200,000 GPD, Phase 1 DEQ Permit No. WQ0000185 County of Currituck DATE: May 29, 2020 •i�- er y O , JL <SW-1 Vol MW-5 O _ Crown Point P.ror 1 CurrEtusk County A � ' ems+%-•. /, N Currituck Cou ty 'l=field 1 9 _T ♦T. �• T .ytr i •• `; S �• a+/'� - Jam`. WQ 000 85 v� .� :CM 11. 6 Coastland Corp* ". Costland Corp VIM sea- tooearth T� = w I 017 Gocgl? t V, m I ik, 11 = IN = I . ft I 360 Fee � Vo top r� o a NORTH CAROLINA } RRITUCK COUNTY BOOK 2 3 0 PAGE 600 SETTLEMENT AGREEMENT '1 S AGREEMENT is entered into this 16th day of June, 1987, by and betw Coastland Corporation a corporation duly organized under the laws of the(tate of North Carolina and having principal offices located at 1112 Laskin 00, Virginia Beach, Virginia, 23451, and Ocean Sands, Inc., a North 06A Tina corporation the assets of which have been merged into Coast land%ereinafter sometimes collectively referred to as "Coastland"), and CurritQk County, a body corporate and public organized under the laws of the Staoe of North Carolina and having principal offices at the Currituck County Courthouse, Currituck, North Carolina 27929 (hereinafter, "the County"). WHEREAS, Coastland is engaged in the business of real estate development on t uter Banks of Currituck County, and in particular is the developer of a Ossort project known as Ocean Sands; and WHEREAS, CoastlaieeApfendant rporation and Ocean Sands, Inc. are plaintiffs and Currituck County is in litigation now pending in the United States District Court i the Eastern District of North Carolina, (No. 84-38-CIV-2, hereinafter,>.referred to as the "federal suit"), which litigation involves the ��rraayyl,idity of certain zoning regulations as they affect the Ocean Sands devel nt; and WHEREAS, Currituck CountM s the plaintiff and Coastland Corporation is the defendant in litigation v pending in the North Carolina Court of Appeals (No. 841SC1168, hereinafter referred to as the "state suit"), which litigation involves the validity,o^ an agreement the terms of which purport development; and to require the County to provide16r and sewer service to the Ocean Sands WHEREAS, the parties to this agr,N�fent recognize it is in their mutual best interest to resolve all penditigation and other matters of controversy or dispute arising outor related to the Ocean Sands development; and WHEREAS, pursuant to Section 719C of to County toning Ordinance, The Board of County Commissioners on April 21, 1987 issued to Coastland Corporation a conditional use permit (hereinafter "The Permit"), attached hereto as Exhibit A authorizing it to complete Ocean Sands and made the effectiveness of that permit expressly contilMent upon execution by Coastland of this settlement agreement and comp aMce with certain of its terms; ernn NOW THEREFORE, in consideration of the premises the mutual covenants set forth below, the parties hereby agree as follows• �e �J (1) Coastland. Where applicable, the term shall include Coastland's successors and assigns, including purchasers from Coastland of lots or tracts within Ocean Sands. (2) Co�unq. Currituck County. To the extent that the County's obligations under this agreement are assumed by the District, then the term "County" shall, in appropriate context, refer to the District. V `(� V1r Y" Y (3) District. The water and sewer district established in accordance with ection 4 of this agreement. Econ�omicallll Infeasible. Notwithstanding that the dominant purpose of —this Agreement is to assure Coastland that its Ocean �" Sands development may henceforth be and remain marketable without elay or interruption on account of the unavailability of water d sewer service, a proposed manner of providing such service s�ll be considered economically infeasible if reasonable minds wo not differ that the cost of providing such service in that marnl9k is excessive to the extent that it would be utterly unreiasonable and unrealistic to require that the service be provided in that manner, considering the benefit to Coastland and the ability of the County to finance such service. (5) Master PW, The master plan of Ocean Sands, consisting of three drawings led MP1, MP2, and MP3 prepared by Envirotek, Inc. and dated ApriT,4, 1987, a copy of which is appended to Exhibit A, attached here and the contents of which are a part of this agreement. (6) Utility FaciliNes. The term shall include wells, ponds, pumping sta ions-, a'1-Cn s",'es"ewage treatment and discharge facilities, water treatment and sto0ae facilities, water and sewer lines and other equipment and faci�ies related to the water and sewer systems required for Ocean 10S. (7) Ocean Sands. The entKr-e development (consisting of approximately 67T—acres covered by the ermit. Section 2. Coastland's Genera li ations. (a) Within thirty days aftero he execution of this agreement, Coastland shall: (1) Pay in full by cashier's or ertified check the amount of delinquent ad valorem taxes an nterest it owes on properties listed in the name of Coastland roymoration or Ocean Sands, Inc. O `A\ �r `r r� Q flaOK 230 PAGE 602 3 for tax years 1977 through 1980 as well as 1984 and 1985. If paid on or before July 31, 1987, this amount shall be $88,393.66. The County acknowledges that, with such payment, the ad valorem tax obligation of Coastland for all years through 1985 will have been O fully satisfied with respect to all properties described in the first sentence of this subsection (1). (2);�Convey or have conveyed to the County the following: To the extent not previously dedicated or conveyed, all existing water and sewer lines outside the boundaries of individual lots as well as necessary easements for the same. b. All easement rights it has retained to locate and maintain utility facilities related to the water and sewer systems within areas dedicated as open spaces on previously recorded plat of Sections D, E, F, H. 1. J, K. L. N, P. Q. and R, as wel open space located on the west side of Ocean Trail with Section G (i.e., the present site of the water treatmk& plant). (3) Execute and I& with the U.S. District Court for the Eastern District of NdrtD.Carolina the Notice of Voluntary Dismissal of the federal sui"ttached as Exhibit B; and (4) Execute and delivP Michael 8. Brough, Attorney for the County, the Motion to With Appeal in the state suit, a copy of which is attached as Exhiblo (5) Execute and deliver to Michael B. Brough, Attorney for the County, The Motion to Vacate J nt and Enter Consent Judgment, Motion to Amend Complaint and d Party Defendant, and the proposed Consent Judgment, attache Exhibits D, E1, and F respectively. (b) Coastland shall pay to the C<"'ty on or before December 31, 1987: (1) All delinquent ad valorem taxe nd interest owed on the property within Section F of Ocean Sands own as Sea Loft Village for tax years 1980 through and including 6. If paid during the month of December, 1987, this amount sha(T be $42,851.69. (2) All delinquent taxes and interest it owes on property within Ocean Sands for tax year 1986. If paid during the month of December, 1987, this amount shall be $67,342.71. (c) Simultaneously with the execution of tos agreement. Coastland shall provide the County with an interim easem from James Johnson (substantially in the form attached hereto as Exh� 6) to utilize that portion of Section V (approximately two acres adj a to the existing rotary distributors) that is necessary to accomnodatlf�he two additional rotary distributors that must be constructed immediatel o comply with the Y� r� .111Y.1 YG .1. pr.YYG- 7. 1"". r.IG G..,11Y Y4.G 1/Y14G. .i .R. Yi Y6Y '. ■ - %-, Q Master Alan and that title to said Section V is to vest in the County as provided in subsection (d). yl�\ (d) Coastland acknowledges that the County is entitled to acquire title to the eight acre parcel shown as Section V and -covenants that neither Coastland nor J.E. Johhson, Jr., present title holder, will object to the entry by the court of an order vesting title in the County pursuant to the terms of a Settlement Agreement entered into between Whalehead Q%Properties, et al, and Coastland dated February 20, 1984. (e) With respect to all sections of Ocean Sands where common open sp (including reserve utility open space) is required other than those se ons specified in subsection 2(a)(2)b above, Coastland shall convey or hav conveyed to the County easement rights to locate the facilities descKT4ed in subsection 2(a)(2)b within such open space areas, (See Sectibpl,7 below for limitations upon the County's discretion to locate utilit l-_cilities in open space.) (1) Q h conveyance shall be made before any lot within any such sl$tion is sold or before any building permit is issued for such s I eoelon, whichever occurs first, unless conveyence is earlier req fired under (2) below. (2) If the County determines that, consistent with the other provision& of this agreement, utility facilities must be installed in an 6Meveloped section of Ocean Sands before Coastland designate the area(s) within such sections that are to be preserved common open space in accordance with subsection 5(d)(4) of � Permit, then the County may submit to Coastland a written reqWt to convey to the County easement rights for a specified aret,Qithin the section in question (up to a maximum open space perc�ptage set forth in Section 5(d) of The Permit) and Coastland shall,oithin thirty days after receiving such request, either: a. Convey the regi*ted easement rights, or b. Notify the County of its intent to withdraw the section in question from the s of the Permit as provided in Section 10(b) of the Permior C. Notify the County of0ts intent to submit to the County a master plan for the d�lopment of that section which shows haw the required open ace will be provided. This plan shall be submitted to th ounty within sixty days thereafter and Coastland shall conve o the County (simultaneously with the transmission of the Gitar Plan or as soon thereafter as possible) easement right ,-(to the open space area so designated. V 0 BOOK 2 3 U PAGE 604 (f) Within forty-five days after receiving from the County a written �equest to do so (which request shall be made only if the County determines the requested easements are reasonably necessary to provide water service u this agreement), Coastiand shall convey to the County (i) an easement th gh Sections X and Y to allow a water line and pump to be constructed to w water from Currituck Sound for the proposed desalinization plant, as 1 as (ii) an easement to allow salinized water from the desal nation plant to be discharged into the ocean. (g) th respect to the conveyances required under this section, Caasttan all bear the cost of deed preparation and revenue stamps (if required by��), and the County shall pay the cost of recording the deeds. If the Co y requires a metes and bounds description, this shall be provided by the County. Section 3. County's Obligation to Provide Service. (a) Subject and in accordance with the remaining provisions of this agreement, the Cou* shall provide and maintain water and sewer service to the entire Ocean S418F development. (b) On the date %str.sng agreement is executed, the water supply source for the water system the Ocean Sands development consists of three shallow aquifer wells. ,,4he parties anticipate that the existing wells, together with two additii 1 wells to be located within the Ocean Sands development, can provide i for to 800 dwelling units (or the equivalent in non -reside 1 demand). Thereafter, and subject to subsection (d), the County h ll obtain additional water from whatever source can provide an adequaW and assured long term source of supply at the most reasonable cost. Among the alternatives that have been identified as being technically feasible a the folowing: (i) additional wells , located on the Outer Banks but side the Ocean Sands development; (ii) f. mainland wells, with a water SUPM line running across Currituck Sound; (iii) a desalinization plant with r water obtained either from deep wells or Currituck Sound, and (iv) Dare Co� (c) On the date this agreement. executed, the sewage treatment system serving the Ocean Sands devel �nt relies mainly upon existing drain fields and a rotary distributor the disposition of treated wastewater. The parties anticipate that Wadditional rotary distributors will be installed within Section V to meet the immediate need to expand the system's capacity in accordance with State requirements. Thereafter, additional system capacity will be obtained by installing underground low pressure drain fields rather than above ground_votary distributors unless (i) approval cannot be obtained from apprWiate state or federal regulatory authorities, or (ii) underground line rove to be economically infeasible, or (iii) the parties agree upon a sat j�yctory alternative. (d) The County shall, following generally adce ted principles and policies of a public utility, make water and sewer see available within Ocean Sands as needed on a timely basis so that developent is not delayed Y� 16 of �Yh !l� reason bond financing is not available or for other sound reasons. In O addition, while both parties reasonably expect that the water and sewer systems described herein can be constructed and financed as contemplated, both parties also recognize that the future cannot be predicted with certainty and that the County shall not be required or expected. in order to provide service as contemplated under this agreement, to attempt that which is impossible or that which, while theoretically possible, is illegal or economically infeasible. Nor shall the County be under any obligation o condemn land located outside of Ocean Sands to fulfill its obligations under this agreement (although nothing in this agreement shall be nterpreted as limiting the County's right to exercise its power of eminent domain as to land outside of Ocean Sands). .0 ) The County shall make water and sewer service available to Sect s4 0 and M as soon as possible after Coastland has supplied the Count ith the in tract engineering design plans for those sections. Seci:*n 4. Creation and Ex�sion of District Within Ocean Sands. (a) 't; is understood that the County expects to fulfill the obligationsv-;tt forth in Section 3 by establishing a Water and Sewer District undbrArticle 6 of G.S. Chapter 162A, and that the District shall assume the County's obligation as provided in Section 10. However, assumption by the District shall not relieve the County of its obligations under this agreement. (b) At the f regular meeting of the Board of Commissioners after the mutual executii�d f this agreement, the County shall initiate action to establish the DistrQ and shall diligently pursue the establishment of this District within 00 t earliest time frame permissible under the law. Initially, this Distri t,�hall include all that area designated as sections 0, E, F, H, I, J. K. t,CN P, 4, and R on the Master Plan. (c) The District estCished in accordance with subsection (a) may be expanded under the provist of G.S. 162A-87.1. Within the sections of Ocean Sands (as shown on thb aster Plan) that are not included within the District initially, the Dis i t shall be expanded in a manner that is consistent with the mutual it ?ent of the parties that (i) the District provide service only to areas that are within the District, and (ii) areas be annexed to the District ord as water and sewer service becomes available to them. Within Se on T, Coastland shall petition for annexation to the District underS. 162A-87.1(b) in a manner that is consistent with this subsection. ( use an extension of the District can become effective only at the beginnifW of a fiscal year, it is recognized that service to a particular area m aetually become available shortly before or after that area is added to t District). (d) It is acknowledged that, under. Gen. Stat. § 162A-89, the governing body of the District shall be the Currituck County Board of BOOK 230 PAGE 606 C �si H th �,,l omms oners. owever, a Board shall establish an advisory committee to Vceive information from and make recommendations to the Board on all 2pects of the District's operations. The advisory committee shall consist of at least three but no more than five members, and its composition shall b signed to ensure input from those most affected by the operations of th strict. The committee's membership shall include at least one member rec nded by the Ocean Sands Property Owners Association and one member rec �ded by Coastland. Sec i n 5. Expansion of District and Providing Service BVond �,0..�� 'Ocean and (a) Ezeh t as provided in the remainder of this section, nothing in this agreemi shall limit the discretion of the governing body of the District to determine whether, when, and under what conditions the District should be expanded beyond the boundaries of Ocean Sands or water and sewer services provided by the District beyond those boundaries. (b) Subject t ubsection (d) and except as otherwise mutually agreed by the parties in ting, expansion of the District beyond Ocean Sands or provision by the Di riot of water or sewer service beyond Ocean Sands shall be permissible as follows: (1) Capacity to se0lce Ocean Sands to the fullest extent development is authorized unWr the Permit must be assured. (2) The natural resoup of Ocean Sands shall not be impaired or used in any way to provt. service outside Ocean Sands. (3) For a period of ten �0)ars after the execution of this agreement, the water and sewer treatment plants located within Ocean Sands shall not be used to prgAa service outside Ocean Sands. (c) If any of the utility f%Slk0_ ities installed to provide water or sewer service to Ocean Sands are larger than is reasonably expected to be necessary to provide service tcean Sands, with the expectation or intention of using such facilities to vide service to developments other than Ocean Sands, then the costs ociated with "oversizing" such facilities shall not be paid for out revenues generated by or from properties within Ocean Sands. X (d) Should the District determine that it is willing to provide service to areas outside Ocean Sands but that, consistent with subsection (b), it can provide such service only if Coastland agrees and relinquishes its right to construct some of the ,commercia or residential density authorized under the Permit, then the Distric ay serve areas outside Ocean Sands after Coastland officially relinquis some of its authorized density in the manner required by Subsection 4(h) of -$he Permit. Coastland shall not be entitled to any compensation from theynty or the District for any such reduction in density, but nothing inTs agreement shall prohibit Coastland from receiving some consideration another developer Y� Section 6. Financing of Expansions. a (a) Subject to subsection (c), Coastland shall install at its expense all capital facilities necessary to connect individual lots within the sections of Ocean Sands to the water distribution mains and sewage collection mains that make water and sewer service available to these �1 sections. Without limiting the generality of the foregoing, such "facilities shall include water distribution and sewage collection lines 0erving individual lots, laterals, water meters, etc. Y> (b) Subject to subsection (c), the cost of constructing all other new caps al facilities necessary to provide water and sewer service to Ocean Sams shall be borne by the County (or the District as the successor for the unty) and shall be paid for out of revenues generated by the develVAent, except that the County shall apply for any federal or state funds ilable for water and sewer purposes and shall make those funds ayailab to the District and shall otherwise deal with Ocean Sands and the District a fair and impartial basis relative to other County -owned or District-6fted water or sewer systems operated within Currituck County. Except as Vqvided for herein, the County shall be under no obligation to transfer Co % funds to the District or otherwise expend County revenues to fund or 40port the water or sewer systems serving Ocean Sands. For purposes of this subsection, "revenues generated by the development" means monthly service charges, impact fees, or other fees and charges paid by Ocean Sands property owners who are customers of the water and sewer system, property es levied under Article 16 of G.S. Chapter 153A, or Article 6 of G.S. apter 162A, and paid by Ocean Sands property owners, or other revenues dVAved from the Ocean Sands property owners as a result of water or sewer ser®ce and not generally paid by other County residents. (c) The parties rnize that substantial fill material may have to be added to Section Y aperhaps other areas to make the waste treatment facilities operate propeijy'. Coastland shall be responsible for providing such fill to the County Coastland's expense in accordance with this subsection: * (1) If Coastland is u essful in obtaining permission from appropriate federal dF state agencies to construct a marina in Section Y, and if the ma erial removed to create the marina can satisfactorily be used a fill material (sand or dirt), then Coastland shall bear the st of digging out said materials and stockpiling it ready for r transportation. The County shall bear the cost of transpor this fill material to the sewage treatment site and unloading �k (2) If the material from the propo� marina site is suitable for fill but Coastland has not received ission to construct a marina by the time the County needs the j� material, or if the material Q Bou 230 PAGE 608 9 from the proposed marina site is unsuitable for fill, then Q� > Coastland shall still be responsible for making necessary fill `C material available to the County within the Ocean Sands development at no charge, but the cost of removing and transporting such borrowed material shall be borne by the County. In such event, the County shall exercise due care to leave the 0 premises except for the excavated area as nearly as practicable in the condition it was before such removal. (3) stland's responsibility to make fill "available" within Ocean s under this subsection shall mean making available to the Co access to the fill materials without undue burden or exp e. However, Coastland's obligation to provide fill within Ocea Sands shall not extend to any undertaking that is econ ically infeasible, meaning any undertaking about which reasonable minds would not differ that the cost of providing fill in that manner is excessive to the extent that it would be utterly unreasonable and unrealistic to require Coastland to provide fill in that m nV;r, considering the benefit to the County and the effect upon le marketability of Coastland's property. (d) The County consistent with sound and accepted utility management practices, a lish and revise from time to time a schedule of rates and charges suffici to meet its expenditure obligations. (1) To the extent rea3 bly possible, the cost of capital expansions shall be paid forjth funds derived from impact fees or the issuance of bonds, en bonds are issued, impact fees shall be established at a rateg0easonably calculated to provide sufficient funds to cover a subntial portion if not all of the bond payments, except that i pact fees shall not be set at unreasonably high levels considering s h factors as the comparable cost of providing water and sewerrvice by wells and septic tanks and the amount of impact iQs charged by other Outer Banks communities. 0 (2) Revenues from monthly servic harges shall generally be used primarily to cover operation maintenance expenses and to a lesser extent to provide capital erves or make bond payments. (3) The District shall establish its Ormenue structure to minimize (and eliminate if possible) the degree to which ad valorem taxes must be levied to establish capital revenues, make bond payments, or cover operating costs. (4) Before increasing monthly service charg or impact fees, the County shall provide to Coastland thirty, ys written notice of the intent to increase such fees or charges. Such increases shall not become effective until thirty days aftQ Coastland receives such notice or until the County receives`( stland 's written comments on such increases, whichever occurs ea oer. 6 0 �X r{� \\.I rr v r.vvr•r,, .rrrv• r rev r rr.nL 4nrvrr r. rMrr .. v• vrry r r vrrV ri c:.. yr systems when peak usage of the systems reaches approximately 80X of O capacity. Decisions on the size of any plant expansions shall be made in VIC, recognition of the County's obligation to expand the plant as necessary to keep pace with development while avoiding the capital and maintenance costs �• associated with excessive expansion. To this end, the County shall adopt policies to ensure that, whenever Coastland or a successor purchaser of a tract requests expansion of the water and sewer systems to accommodate new development, the County is protected from the risk of undertaking the Q) expense of the expansion and then not having the development occur, to the �Atriment of the ability to pay bonds issued to finance such expansion. in addition to other policies that may be adopted to accomplish the foregoing ob,.kctive, the County shall adopt a policy that provides that, whenever a deroloper submits a written request for an expansion, the County shall pr d with the requested expansion using all due diligence so that servcan be provided as soon as reasonably possible but not later than two s after the date of the request, if: (1)%jhe expansion can be financed through the sale of bonds (to the ( veloper or other purchasers) or funds for the expansion are o erwise available; and (2) Th developer makes a commitment to connect dwelling units or other development to the system according to an agreed upon schedule and to pay applicable fees (including without limitation impact fe s and monthly service charges), to the extent necessary to assu ' that, if the proposed development or other development does not ugh e requested capacity, the County will recover its capital ead ongoing maintenance costs, and provides adequate security a letter of credit, deed of trust on the property detOlOped, or other means) satisfactory to the County to guarantee thitleommitment. (f) All in -tract i��,qs and other facilities shall be constructed in accordance with the poli M , and specifications of the County. Lines and other facilities not conWucted by the County, together with necessary easements, shall be dedica* to the County before connection is made to the systems operated by the nty. Upon dedication, the County shall be responsible for maintenance of such lines and other facilities. (g) Any agreement betweed6khe County and a contractor for the construction of water or sewer (Jacilities shall contain schedules for completion and penalty provisions. Section 7. Location of Utility ilities. l' r� Q BOOK 23 U PAGE 610 I� (a) while Coastland shall convey to the County easement rights to �o struct and maintain utility facilities within all common open space as of Ocean Sands as provided in subsections 2(a)(2) and 2(e) of this agreement, the County's discretion to locate such facilities within such openApace areas shall be subject to the provisions of this section. Q Sewage treatment facilities (including underground distribution lines)(ased to provide service to all sections other than Sections G and T shall, the extent possible, be located within Section V. Sewage treatmen acilities used to provide service to Section G shall preferably be locate ,�(ithin Sections V or G, and sewage treatment facilities used to provide seoye to Section T shall prefereably be located within Sections V, T, or S. �, (c) If rotary distributors are required to be used to provide adequate sewage treatment and such distributors cannot be confined within Sections V. G, and T, then such rotary distributors shall be located within reserve utility open space eas (i.e., the shaded areas shown on the Master Plan) to the extent possi. (d) Coastland athe County expect and plan that the proposed water desalinization treatm nd storage facilities will be located in the open space area between Sec i ns H and I as shown on the Master Plan (drawing MP2). However, shouldMe County be prohibited for any reason from locating these facilitie y b the indicated area, then it is acknowledged that such facilities may placed in the open space set aside within Section G in a location appt,� by Coastland. e) Before locating or *m i g a contractual commitment to locate any above ground utility facilitiesmtside Section V, the County shall provide Coastland with at least thirty days written notice of the County's intent to place described facilities in identified location. Coastland may then provide the County, orally in writing, with any comments or suggestions it may have on the Cou 's plans. The County may not act to implement its proposed plans until thirty day period has expired or until it receives Coastland's written t*l ents, which occurs earlier. Section 8. Detailed Plan for Provi Service. (a) The County shall prepare or haveyl,*"pared for it (and furnish to Coastland) a complete plan for how water and4ewer service will be provided to meet the County's obligations under this agreement. This plan shall include analysis of how the costs associated with constructing, operating, and maintaining the proposed system are to be financed. Within ninety days following the execution of this agreement, th County shall provide Coastland with a written summary of the proposez lan, setting forth the alternatives under consideration, the projected Istope of the plan, and estimated taxes, fees, and rates. A complete p1 hall 'be provided to Coastland within one year after execution of this ag nt. (b) The purpose and intent of this subsection is\ -Mt to require the County to prepare complete design and construction \Awawings for the can responsibly and in a timely fashion meet its obligations under this agreement. (c) The plan required under subsection (a) shall be updated annually (and a copy furnished to Coastland) until Coastland has sold 90% of the lot area within Ocean Sands or until the passage of twenty years, whichever occurs first. v(d) The County's obligations under subsection (a) shall be contingent p9n compliance by Coastland with the provisions of Section 2(b) of this a reem nt. 4tion 9. Miscellaneous County Obli_qations. (a In consideration of the conveyance to the County of the easement rights scribed in subsections 2(a)(2), and 2(e) of this agreement, the County l: (1) in five days after it receives the tax payment specified in su ction 2(a)(1) and the deeds of easement described in Ssub mo�ttion 2(a)(2), transmit to Coastland a check in the amount of $94,$03.30. (2) Within five days after it receives the tax payments specified in subsection 2(b), transmit to Coastland a check in the amount of $29,808. 596 (b) Within fivlo days after receipt of the documents specified in subsections 2(a)(3), &)(4) and 2(a)(5), the County shall, by and through its attorney, Michael rough, execute and file with the North Carolina Court of Appeals the "M � " to Withdraw Appeal" attached hereto as Exhibit C. \->. (c) As soon as the Moro Carolina Court of Appeals allows the parties' Motion to Withdraw Appeal a".&'remands the action to the Superior Court of Currituck County, the County #011, by and through its attorney Michael S. Grough, execute and file wiq �he Superior Court the Motion to Vacate Judgment and Enter Consent Juifgment, Motion to Amend Complaint and Add Party Defendant, and the proposed Consent Judgment, attached hereto as Exhibits D, E1, and f respectivel;D (d) Within ten days after the\Disict), t has been finally established under G.S. 162A (i.e.. the 30 day pappeals regarding the creation of the District has passed withouor any appeal filed has been finally resolved in favor of the the County shall record an instrument or instruments conveyingistrict all the County's right title, and interest in the water r systems (including all real property interests conveyed by Coaq� the County pursuant to this agreement). C O 6 0 �Yh r� 0 �• BOOK 2 3 U PAGE 612 13 Q? (e) The County shall actively support Coastland's efforts to obtain rmission from relevant state and federal agencies to develop Section Y as marina. At Coastland's request, the County shall act as a co -applicant T with Coastland to obtain necessary permits, but Coastland shall bear the re risibility for and cost of preparing and filing required permit app ilBaations. (i' The County shall actively support an effort to make liquor by the drink " lable within at least the Ocean Sands portion of the Outer Banks. (g) County shall install and maintain sufficient landscaping or other buffing devices so that all utility facilities are properly screened ye4+C round from the view of adjacent properties and streets. Evergreen screening shall be a minimum of five feet tall within three years of planting. In addition, lines providing electrical service to such existing and future facilities shall be run underground if located in any section where seco dary electrical service is otherwise run underground. If any utility f�lity or overhead line is abandoned by the County, it shall be cleaned 44 d removed at the County's expense. (h) Any easemen�{� r open space areas granted or dedicated to or for the benefit of the Coy that are not required under the Permit and are not reasonably necessar\(`to provide utility services to Ocean Sands as contemplated under the Permit and this agreement shall, at Coastland's request, be reconveyed by fqe County to Coastland. Section 10. Rights and •li ations of District as Successor toCount that; y. (a) The parties to this ement expect, and the County will assure, (1) The District will exec an instrument accepting all of the County's obligations undeQthis agreement in consideration of the County's conveyance to the strict of the County's right, title, and interest in the water sewer systems and related property interests as provided in Sub ion 3(c). (2) The District will, as soon as ronably possible, seek authoriza- tion from the qualified voters the District to issue bonds to finance the proposed expansion c�N the water and sewer systems necessary to serve the District. (b) Upon assuming the County's obligations under this agreement, the District shall also succeed to all of the County's rights and prerogatives under this agreement. G �o Y• c� treatment facilities as well as -water storage facilities, so ~long as such 0 relocation impose no additional capital or operating costs on the County and does not otherwise prejudice the County in any way. �- Section 12. Abandonment of Claims. (a) Coastland and the County hereby mutually cancel and terminate and abandon all claims (monetary and otherwise) arising out of that certain Oreement between the parties, entitled "Developer and County water and r Agreement," dated May 7, 1973, relating to provision by the County of w er and sewer services to the Ocean Sands development. Coastland hereby abandons any rights or interest it may have to devel its property in accordance with or pursuant to the conditional use permit sued by the County on March 20, 1973, for a planned unit develop- ment kn as Ocean Sands and further abandons any claims against the County ( etary or otherwise) resulting from any alleged deprivation of rights ar g out of the issuance of this permit. (c) The�Foregoing abandonment of claims is specifically made con- tingent upon tip creation of the District as set forth in Section 4 of the agreement and he acceptance by the District of the County's obligations under this agreement as set forth in Section 7. In addition, the foregoing abandonment of claims may be rescinded by either party if a court of competent jurisdicti n, in a final judgment, invalidates either the Permit or this agreement, �jrovided that before such rescission becomes effective Coastland shall ret to the County any payments made under subsection 9(a) of this agreem and the County shall reconvey to Coastland any easement rights conve ursuant to subsections 2(a)(2) and 2(e) of this agreement. Section 13. Obligati •to Run with the Land. It is Coastland`s in tion that the obligations undertaken by Coastland with respect to th 678 acre tract described in Exhibit A shall run with the land and shall be(inding on successors or assigns who acquire any portion of this property � undeveloped acreage. Coastland further, understands and acknowledges th this settlement agreement as well as the Permit shall be recorded and intend that any such purchaser of undeveloped acreage shall, as a condition of spurchase, be bound by all applicable terms of this agreement and the Perne. Section 14. Agreement Not for Beo 't of Third Parties. This agreement is solely for the bfit of the parties to it, and no person or entity other than one of the paOtHes hereto shall seek to enforce the agreement against a party or claimy benefit from either party arising out of the provisions of this ag eevpnt unless such person is a O d �x Y� �. BOOK 2 3 0 PA6E 614 15 CZ N s'ccessor to the rights and obligations of such party or, by contractual 4r ement, such person or entity is acting on behalf of such party. By way ofrillustration without limitation, no person or entity other than Coastland or its successors or assigns who acquire undeveloped acreage may seek or otherwise benefit from any commitment made by the County in tSenforce agreement concerning the manner in which water and sewer services are e provided or fees and charges levied to finance such services. 15. Effect of Incorporation. The pa es agree that, if the portion of the Outer Banks where Ocean Sands is io d should be included in any municipal corporation created on the Curritucir%ter Banks, all rights under this agreement and the Permit shall be regard as vested and may not, without Coastland's consent, be adversely affe ed by any zoning or subdivision ordinance or other decision adopted by such newly incorporated municipality. The County agrees to attempt to have a provision incorporating the substance of this section included in any spec al legislation passed by the General Assembly that incorporates such m ipality. Section 16. Arb4 ion. Notwithstanding thatC ine terms of this Settlement Agreement are to be incorporated in and may "'INnforced pursuant to a Consent Judgment to be filed in the state suit, ' parties agree that on notice given by either of them, any controversy h after arising between them relating to this agreement (except a claim b ;44astland based upon an alleged breach by the County of the covenant contVTned in Section 17) or to the failure or refusal to perform the whole 0 any part thereof, shall be submitted to arbitration under the terms of t Uniform Arbitration Act, G.S. § 1-567.1, et seq. Notice of intent to a bitrate given by one party to the other sfia�Tll be effective if in writing a delivered to the other, or mailed to the other, at the address stated the signature page hereto, within a reasonable time after such party beQmes aware of the existence of such controversy. Such notice shall not b" nsidered untimely solely by reason of its having been delivered or maileej by either party) within the time for filing of answer to a complaint f i p4, wherei n some part or all of the same controversy is asserted as grounds fW. a civil action. Any such civil action shall be stayed pending arbitrat' which is timely invoked by either party, unless on motion of the other Ar y the Court shall otherwise order for reasons it finds compelling. l Section 17. Covenant of Validity. The County covenants that it has complied with all statutory requirements to ensure that this agreement ia valid and binding obligation upon it and that it has received the itten opinion of its counsel, Michael 8. Brough, to that effect. O 0 implement the foregoing agreement. `A\ Section 19. Notice. �• Notice to either party shall be effective if mailed to the address set forth in the introductory paragraph to this agreement. 0 YI* V �AASTLAND CORPORATION amei o nson, res en 'Atte"b�. 7cpra 74, f' A Boni 2 3 A PAGE 616 17 OCEAN SANDS, INC. �v By: awes nson, res Attest:. Attest: &hj44,'_1jj. The undersigned James Johnson executes this agreement individually to acknowledge his obligations under Sections 2(c) and 2(d) as well as his obligation to execut_q the Answer set forth as Exhibit E3 and the Consent Judgment attached axhibit F. `A, rw=e` s Johnson ^6 V vkl SEAL -STAMP 1<1 MBItIIf](1I1L1lill(xMx�XilKi�i�ii�iii4�X�$ X . STATE OF VIRGINIA. COUNTY OF CESS ANNE I, a N tary Public of the�unty and State aforesaid, certify that * 4h 14zd - h , personally came before me this day and ac now edged a S e s Secretary of COASTLAND CORPORATION, a North Carolina corporation, an ly authority duly given and as the act of the corporation, the foregoing ir@rument was signed in its name by its President, sealed wj�q its corporate seal and attested by its cretary. Witness my hand and OTTICIal stamp or seal, this ay lg 2. NOTARY PUBLIC My comnission expires: STATE OF NORTH CAROLINA COUNTY OF CURRITUCK I, a notary public of the county and state aforesaip ertffy that -Eileen M. Wirth personally appeared before me this day and acledgec:th�� s31e►-is clerk to the Board of Commissioners and that the foregoi�koe7dt as 'i�g'gpd by Frances Walker and attested by Eileen M. Wirth as c14E in -61T a t'�dr9 the official action of the Board in issuthe permit 01 NOTAR PUBLIC ' }• My commission expires 9-29-90. /:' ....•°`C�i f- �f �X V i, a, notary ruoirc or the country ana aLaLe 6TUrC5410, cercr,,f r.na6 Q �„lvtll 4 b - ke.. , personally came before me this day and act faw'leedged MUM e s Secretary of OCEAN SANDS. INC., a North Carolina corporation, and that Vy authority duly given and as the act of \A the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporatg seal and attested by as its Secretary. Witness my hand and c a stamp or seal, s ,�_ ay o 19 ram. My comd ,4ion expires: /t% /990 The `fY oing instrument the Local*rnment Budget r We �O NORTH CAROLINA, CURRITUCK COUifN certificates) of has been pre -audited in the manner required by and Fiscal Control Act: 4'"'4j'm i��t:�n J"" nance cer �.-�. `, is (are) certified to be 001 c��orrect. This Instrument was presented for ie • tration at-PdAo'cIock �.� .., on 19_91, and recorded in Book1,Page V Re 'ftelofed3 Q gy Y Deputy Resister of Deeds y Q nl� ENGINEERING PLANS For Odor Control System for Sludge Holding Tanks Ocean Sands Wastewater Treatment Plant 200,000 GPD, Phase 1 DEQ Permit No. WQ0000185 County of Currituck DATE: May 28, 2020 66 ODOR CONTROL SYSTEM FOR SLUDGE HOLU C TANKS OCEAN SANDS WASTEWATER TRSTM EN T PLANT 2009000 GHD9 PHASE 1 COROLLA CURRITUCK COUNTY NORTH CAROL-INA TO CORGLLi V TO CAROVT� W E /f OCEAN TRAIL/-` 5 N-C. HWY 12 ALBACORE STRE_T - - ATLANTIC -- ll OCEAN SITE, -- OCEAN SANDS WWTP' ----- _ CURRITUCK SOUND v 6 OCEAN TRAIL = N.C. HWY 12 SITE �t ITO DUCK - GENERAL LOCATION AND VICINITY MAP TABLE OF CONTENTS SHEET DESCRIPTION SHEET NJMBER COVER SHEET COVER PLAN VIEW 1 SECTON VIEW 2 DETAILS 3 ELECTRICAL GENERAL NOTES — OCEAN SANDS PHASE 1 4 ELECTRICAL SITE PLAN — OCEAN SANDS PHASE 1 5 ELECTRICAL HEADWORDS — OCEAN SANDS PHASE 1 6 ELECTRICAL WWTP — OCEAN SANDS PHASE 1 7 ELECTRICAL BUILDING — OCEAN SANDS PHASE 1 8 ELECTRICAL RISER DIAGRAM AND SCHEDULES — OCEAN SANDS PHASE 1 9 w 0 U SCALE: NTS SHEET COVER i I I I I I I I I I I I I I I I I I I I I I I I I I I I m I I I I I I - 0 V WZ y Q U w V w2 SCALE: NTS SHEET 1 of 9 0 E V1 0 .n. aav mm.) mo'x (mm.en.an ruv. i. 6 N w oeox /,o m rwxe « n V _.� it • ,--y-e-.-1--,_,+ 1 r _x_ _. _ _ -_ r� ..� rn s Z a- r w�V w Z O w SLUDGE HOLDING TANK #1 SLUDGE HOLDING TANK #2 z z X F ^ p 3a u ,a 6.rae s w � 0 (SLUDGE HOLDING (SLUDGE HOLDING p v' 0 TANK 2 TANK 1 O O w AR. w w ...... > 0 aa»o .a 0 SLUDGE HOLDING TANK 42 ° m 0 d Z SCALE: NTS SHEET 2 of 9 SCF. b IPL \ / GALV. SREDUCING2-EE 1-' \ z-p/2' VA_ BALL YE. L - ECE, BRASS E. HANDL_ -I/2' GALV. PIPE, 1-I/2' GALV. UNION SCH. 4G con NG. nNPT ry I-I/2" % CLOSE/2' GALV. PIPE, I /�" x 4' GALV. ,-i/Y GALV TE PIPE, RIGHT AND E SNAP GAP DIFFUSER, 'ITSCH. b NIHvt[, NPT THREAD (T1'P.J (D— RD) 1-1/2' % s GLV PIPE, RIGHT AND LEF7 HAND SCH. aG NIPPLE, 1-1/2" GO.LV. TEE 1-1/2x V, G3C4" G�LOV REDUCING ELD l.0 Ix 1-1/2" x 1-I/0 x SNAP -CAP DFPUSER, I-R % `LOSE gEDu GNGVIEE ODEL 7- 3/4" L L (1YP.) NIPPLE, SCH. 43 (0WHIRCE DROP PIPE ASSEMBLY DETAIL NOTES: 1. ALL PIPES SHALL BE GALVANIZED STEEL, SCF'EDJLE 4C 2. PIPE CONNECTIONS SHALL BE JOINED WTH EITHER PLUMBER'S TAPE (TEFLON TAPE) OR PIPE -JOINT COMPOUND 3. SNAP -CAP DIFFUSERS SHALL BE JOINED TO GALVANIZED FITTING USING PLUMBER'S TAPE (TEFLON TAPE) 4. OFFSET BRACKET SHALL BE GALVANIZED AND HAVE AT LEAST 3" OFFSET 5. USE 3/8" X 3" CONCRETE ANCHORS SLEEVES TO ATTACH BRACKETS TO CONCRETE. DRILL HOLES SAME DIAMETER AS CONCRETE ANCHOR SLEEVE. HOLES SHALL BE CLEANED AND FREE OF DUST/DEBRIS PRIOR TO ANCHOR SLEEVE INSTALLATION. X 8 LONG PE, SCH 40 t TO BE PAINTED YELLOW 3,000 PSI CONCRETE (MINIMUM, GROUND LEVEL BOLLARD DETAIL BLOWER NOTES: 1. BLOWER REQUIREMENTS 1.1. FLOW: 200 SCFM 1.2. DIFFERENTIAL PRESSURE: 9 PSI 1.3. DISCHARGE PRESSURE: 23.7 PSIG 1.4. MOTOR: 15 HE 1.5. POWER SUPPLY: 460V, 3 PH, 60 HZ 2. BLOWER SHALL BE MOUNTED ON 4" CONCRETE SLAB ANC IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. SECURING HARDWARE SHALL BE GALVANIZED STEEL 3. BLOWER DISCHARGE PIPING TO BE ATTACHED TO THE BLOWER IV ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS ELECTRICAL NOTES: 1. 480V AND 120V/240V PANELS ARE AVAILABLE FOR USE IN PHASE 1 BUILDING 2. ELECTRICIAN TO DETERMINE APPROPRIATE CONNECTION BASED ON POWER REQUIREMENTS OF BLOWER 3. ELECTRICAL CONDUIT MAY BE INSTALLED ON THE CEILING AND/OR WALL OF BUILDING. CONDUIT MUST BE UNDERGROUND OUTSIDE OF BUILD NG. 05, SCALE: NTS SHEET 3 of 9 N O M f W W ~ E0, t v N a°C n W H N rL Z W o U f p M i W U ?N OJ O Y 7 �� ?J J Q Z W Q Z W W W U W 0 = W Q W U W W Z U O Q w z VT W N OC O y W Y L ► y n d Q ti � Z L C 2 Z Oo U W O W Q O � Q A C O O Q W W R o� Z SCALE: NTS SHEET 4 of 9 GENERAL ELECTRICAL NOTES ELECTRICAL LEGEND ABBREVIATIONS f>TbFBN: UNLESS SPECIFICALLY INDICTED OTHERWISE, Al WORN YOTOR FlLSE PROIFL'lIOFF. WHERE LASE PROTECTION 5 MCMINC A AMPERE SHOWN ON ELECTRICAL DRAWINGS IS NEW WORK i0 BE PROVIDED SPECIFICALLY REQUIRED BY ME EQUIPMENT MANUFACTURER, ® 4 FLUORESCENT UGMING FI%NRE PFF PBOVE FINISHED BOOR URGED MI5 CONIIMLT. PROVIDE FUSED SWITCHES IN LED OF NON -LASED SWITCHED OR IN LIEU OF ENCLOSED CIRCUIT BREAKERS, OR OTHER OENCES m EMERGENCY LIGHTING FXTURE WIN EMERGENCY BATTERY GLIASi - AM ABOVE FINISHED GRACE LODFAINAl10k COOgDINOTE AND COOPERATE WTIH ALL TRADES ON ME INDICATED. CONNECT EMERGENCY &LWT AHEAD OF LOCAL SWITCH. NC ATS AVAILABLE INTERRUPTING CURRENT AUiOMgTIC TRANSFER SWTCH PROJECT. THE CON11UCi0R SHNL RENEW ALL CONTRACT DOCUMENTS INCLUDING CML SHUCNRPL, PRCHIIECTURPI, MECHANICAL DRAWN � Wi DO No FI%NAE, W1TH DIRECTIONAL ARROWS AND EMERGENCY BFG BELOW FINISHED MADE PND SPECIFICATIONS. CONTRACTOR SHALL COORDINATE AND ADJUST �Rf�0f$: SECURE APPROVED SHOP DRAWINGS G11ERY MGHIING UNIT AS INDICATED W1H 8411ERY PACK -CONNECT C CONDUIT ACCORDINGLY AS DIRECTED B1 THE ENGINEER. SHOWING WIRING DIAGRAMS. ROUGH -IN AND NOON UP DETAILS FROM OTHER INVOLVED CONTRACTORS FOR EQUIPMENT WHICH AHEAD OF LOLL SWITCH CR COMPACT FLUORESCENT LAMP a uatrxn miHcrta r AS -BUILT DRMWN6S: SECURE AN EXTRA SET OF ElEC1RIGL DRAWINGS MUST BE CONNECTED ELECTRICPLLY. ® UCHIING FIXURE TYPE SYMBOL SEE LIGHTING Fl%NRE DETAILS CFO CIRCUIT wciriwl� lI 6B8 nG� vase i0 BE KEPT ON SITE AND MMK, DAILY, HE DRAWINGS IN RED AS HE PROJECT PROGRESSES IN ORDER 10 KEEP AN ACCURATE RECORD OF (AORpIlU110N OETAlS: MECHANICAL ADD WASTEWATER HUTALEN bs ® THREE-WAY SWITCH, 200. 120/2TN, 46" AFF UW PHOTOCELL I500W, 27N SPST, MOUNT ON WALL, 8'-0' AT, AIM NORM CB DNCP CIRCUIT BREAKER DOMINION NORM COROLINA PoWER Designed By: JWS ALL DEVIATIONS BETWEEN HE WORK SHOWN ON THE DRAWINGS ADD ME WORN WHICH IS ACTUALLY INSTPLLE0. THESE MARKED DRAWINGS EQUIPMENT WILL BE FURNISHED AND INSTALLED M' THE MECHANICAL OR WASTEWATER TREATMENT CONTRACTOR ME 5 SINGLE POLE SWITCH, 2G, 120/27N, 46' AEF UON LEE EF EMERGENCY BATTERY UNIT E%HOu5T FAN Drown By: WRL SHALL REFLECT ANY ADD Pll GRANGES AND REN61gJ5 i0 THE LOCATIONS SHOWN ON ME ELECTRICAL DRAWINGS PRE POKER EQUIP EQUIPMENT Checked BY CCJM ORIGINPI DESIGN WHICH IXISTS IN HE COMPLETED WORK. DELIVER THE MARKED DRAWINGS t0 HE ENGINEER AT PROJECT CLOSE -Dui. gppRO%IMOIE. COORDIN4TE WITH THE MECHANICAL OR WASTEWATER TREATMENT CONTRACTOR i0 DETERMINE ME EXACT FHP FGC1pNOL AC HORSEPOWER Scale: NO DIESEL ENGINE GENERATOR SET IN WEATHERPROOF ENCLOSURE NINIAARC 1FANSFIF SWRCH wsa �ocnna aaoaos x � FEEDERS SERVING HFADWOEIXS.E6tlIPNENi .� i0 PPNELS "HI LI° AND 'WDC. SEE 'ELECTRICAL POWER ANp SPECWLSKIEMS NE,'N-WORK PIAN SHEET Et2. _�- ,` \L ` izn aw wcra annw'av uunsil uv"nsv s rat xu ves •/ •/�H0.NOFglE NR HFPDWOAKS \ .•/� EWIPMENi FEEDERS, SEE / /•' � 'FVNDHOTf DETAIL', SHEET E5.1. // lIDllLL UB ITDINC � PAOPOSEp DNCP UEIER ANO METER RASE /•• PROPOSED DNCP Ci CABINET Designed By: JWS Drown By: WRL Checketl By: G1M WASTE WATER IRFAIMFM PLAM / \ Date: OS-21 -2015 •/•� 5 �/ DF10TE FOR HEABYIOA�I(S EQUIPMENLC8MIYIL WIRING, SEE � � �/•� - 7MN@IOTE DETAIL', SHEEP E5.1. `—,i CONpUITS FOR CONTROL WIRING SERu1NC HFPDWORKS 'ELECTRICAL C� FEEDERS SEANNG HEADWORKS EOUIPMEM, SEE "ELJSIRICjLL fiDUIPMEN TO WTC 4EE POWER ANp ,$PECWL 4YSIEMS NEW WORK PIAN". SHEET E12. HFADWORNS PIAN", SHEET E1.0 FOA fffQUIRFMENS. ____ �.."M'•....W,P?;,o'� CONDUli4 SERVING CONTROL WIRING FOR HFADWORN4 - EOVIPMEM. SEE 'ELECTRICAL HFADWORKS PIAN', SHFEi EI.O FOR AEOUIREMEMS. _ _ � It SECONpARW ET£CIRICPI SERMICE, SEE � \ "POWER RSER Dw,wAM', SHEET E5.0. \ \ z p J/ PROPOSED DNCP PAp MOUM TO BE REPIACED BY DNCP rc HPNDHOIE FOR HEADWORK$ EQUIPMEM CONTROL WIRING, SEE 'HANOHOLE DETAL", SHEET E5.1. HANDHOIE FOR HFYDWORKS � �• �IIRPNSFORMEA /• ^ EOUIPMEM FEEDERS , SEE ` 'HWJpH01E DETAL', SPEED E5.1. v,\� I U H W Z FEEDERS i0 HFApWORKS EpUIPMEM, SEE III "ELECTRICAL HFAOWORKS PIPN", SHE1T /'•/'• C1.0 FOR REWIRENEMS. \ - I CONpUliS FOR CONIRDL WIRING i0 HFADWORKS EQUIPMENT, SEE "FIECTAICAL NFADWORKS PIAN', SHEET FIG FOR \ HFAOWORKS `, L I REWIRFMENiS. /1 lul % I •% ~ d M�DL � �— N Z Z o W � M U Q H U N J C J H O C N'�ELECTRICAL SITE PLAN R°ALE: ,• - 2°'°' GRAPHIC SCALE S PROJECT No: 1//�3''1\��31 C O . _ ` L 20 10 0' 20 40 60' I' = 20'-0' N O M f W W ~ E0, t-a N 01 I1 W H N r t Z W O C U f p M i W V OJ Y Y b�?J W Z Q W W < J U Q Q _ U W W W U Q Z W Q W d W N K ZC y `�YdL H Z p a O Z o s 2 Z U W O W Q O " O Q 4A C O � O z CL 0 W R Oc Z SCALE: NTS SHEET 5 of 9 WASTEWATER TREATMENT PLANT EQUIPMENT SCHEDULE ELECTRICAL CONNECTION iAG O DESCRIPTION FULL TDAO w) DODGE ROWER VOLTAGE PHASE DISCONNECT FEEDER RFMPAI(S I INFLUENT CHANNEL GRINDER 1. 4B0 } 30A-3P, NF, 4M 3 f10, 1 f10 GND - 1'C NOTE 1,2 2 INFLUENT CHANNEL NECHANXAL SCREEN 2D0 480 3 30A-3P, NF, 411SS 3 f10, 1 f10 GND - 1-C NOTE 1,2 3 ODOR CONROL LINO 1. 4B0 3 MA-3P, NF, 4XSS 3 f10, 1 f10 GND - T'C NOTE 1,2,5 4 FES CHAMBER MIXERS IDO 4GD 3 30A-3P, NF, 4XSS 3 f10, 1 f10 GND - 1"C NOTE 1,2,5 5 FEQ PUMPS 5.00 48D 3 MA-3P, NF, 4XSS 3 10, 1 #10 4 112 CONTROL GND - I'D NOTE 1.2,3,4,5 G CIARIHER MUDWEll HOPPER PUMPS LNE 4R0 3 30A-3P, NF, 4XSS 3 f10, 1 f10 GND - 1°C NOTE 1.2,5 CHMN AND NGHT MOTOR ORNE 0I5 4. } WA-3P, NF. 46S 3 f10, 1 f10 GND - 1"C NOTE 1.2.5 8 REACTOR DOSING TANK MIXER LOG 43D 3 30A-3P, NF, 4XS5 3 f10, 1 #10 GND - 1'C NOTE 1,2,5 9 MAIN REACTOR SOLIDS REMOVAL PUMPS 0I5 48D 3 3DA-3P. UP. 4XSS } 10, 1 #10 4 #12 CONTROL) GND - I-C NOTE 1.2.3.4.5 TO MAIN REACTOR DOSING PUMPS ].50 4BD 3 30A-3P, NF 4XSS 3 f10. 1 f10 (4 f12 CONTROL) GND - I•C NOTE 1Q.Q4,5 11 MAIN REACTOR EACKWASH PUMPS 9.40 480 3 30A-3P, NF. 46S 3 10, 1 #10 4 112 CONTROL GND - I`C NOTE 1.2.3.4.5 12 SECONDARY REACTOR DFSING PUMPS IGO 480 3 MA-3P, NF, 4XSS 3 f10, 1 f10 (4 f12 CONTROL) GND - I•C DOLE 1,2,3,4,5 13 SECONDARY REACTOR RACKWASH PUMPS 1000 4S0 3 3GA-3P, NE, 4XSS } 10. 1 #1C G4 #12 CONTROL NO - I-C NOTE 1.2.3.4,5 14 DISPOSAL PUMPS ROD 48D } MA-3P, NF 4XSE 3 10, 1 #10 4 #12 CONTROL) GND - I•D NOTE 1,2,3,4,5 15 BLOWERS ROOD 4, 3 IWA-3P, NF 3 14, 1 f8 GND - 1•C NOTE 1.2,5 0DI 120 1 WEATHENPROOF SNITCH SEE PUNS NOTE 1.2.5 17 PORTABLE DECANT PUMP 0S0 12D 1 WP RECEPTACLE NEIAA -OR 2 010, 1 010 GND - 1'C NOTE 1 16 ELECTRONIC METERING PUMPS 0015 120 1 RECEPTACLE NEMA 5-SEE PUNS NOTE 1,5 19 NI%LNG WPNDS O03 120 1 RECEPTACLENM5-SEE PUNS NOTE 1,5 20 NEIFA VAULT SUMP PUMP 0.40 1ED 1 WEATHERPROOF SWTICH 2 fG, 1 fG GND - 1"C NOTE 1 ROBS: I. COORDNATE EL IRICAL REQUIREMENTS WITH ACIWL EQUIPMENT PROVIDED, 2. PROVIDE SEAL -OFF RMING ON CONDOR FROM MOTOR TO DISCONNECT SWITCH. _ 3. SUBMERSIBLE MOTOR PRONGED WITH THERMAL OVERLOAD AND LOAN DETECTION, 4. PROVIDE ADDINDIUL 2 ft2 MR LFIK pETECTON AND 2 fT2 FOR THERMAL OVERLOAD IN fEEI)ER CONDUIT 5. EQUIPMENT POWER AND CONTROLS EED FROM WIICP. STARTER. SHORT CIRCUIT PROTECTION AND OVERCURI PROTECTION PROVIDED 9 PSRT OF MFICP. L1-I: 2 16. 14 3 I f10 GNO-1C-¢_ cA .. L. m �I I n I c --------------- :T 5 �O U MOUNT TO WAINWAY HANDRAIL SYSTEM. ❑2 EQUIPMENT RACK. SEE iYPIM ELECTRIM EQUIPMENT MOUNTING MANE DETAIL', SHEET E5.1. Q I•C FOR CONTROL WIRING TO WASTE WATER TREATMENT EQUIPMENT CONTROL PANEL SEE SHEET EI 2 FOR LOCATION. COORDINATE REQUIREMENS WNH CONTROLS CONTRACTOR PRIOR TO ROUGH -IN. PROVIDE SEAL-0FF FITTINGS 12'AFT BELOW CONTROL PANEL. Q CIRCUIT VIA ADCP. COORDINATE PANEL WITH WASTEWAIER TREATMENT EQUIPMENT PROVIDER, SEE SHEET El2 FOR COP LOCAIM)N. if LJ JHl 4 - -05' 0' S' 10 �{H ELECTRICAL HEADWORKS PLAN C( * 6jl!jj2!6jEI SCALE. 1/4" - 1' 0" �u(isilw4av Diva viss [D�',,,l By: JWS By: WRL kKd By: W. e: JS NOTED : 05-21-2015 SEAL � - cc�10885 i - ;T TIEIML;'i'0".� ".� nin�Pp••. z� Z 0 a oZ 4 Z d w � Y 3 3 r o owe= Z � O U w ~ C) ~ W rz C) � w V s C) U PROJECT No' 13131 E1.0 N 0 M f W W ~ E�0, t a 0, CL °C n W H CV rnz Z C t W o V f 'pl M i 11n J � Q Ln Z U Y Q cn cn Q J Q U W 0 = Q OC ~ O y � t0 Lu u H Z p a 7z u w U W Xz Q 0 0c'0 III, O Ou SCALE. NTS SHEET 6 of 9 N O M f W W ~ E0, t p 0, CL n W W (V rnz Z `w oo U f p In i w V OJ U Y Y U Z ( W w (n Q Z Q U Q = W d I— U az O w K ti O y 0 H Z p a O Z o s 2 Z O U W ne O W Q O O " O G 4n s O O0 O z SL A A-cil SCALE: NTS SHEET 7 of 9 ❑s ❑5 3 XP c/ww --LONE. 15DDw Izw NOTES THIS SHEET -� 0 MDUNT -o wnu; m naNDr�IL ssEM 3n 13 I I �2 EOUIPMEM RACK SEE T'PICAL REC1AICe1 EWIPMENi MOUNTING FRAME DUAL', sxEEf Es.l. w v LI 5 ❑a T•c Enre coxlRoL wTrelnc ro wn;TE wATcft TREnTMENr EW PMENr CONTROL PANEL SEE SHEET E1 2 FIXt LOCARON. COORDINATE REOUIREMENTB WITH CONTROLS CIXNRACiOR PRIOR i0 ROUGHIN. 6 PRDNpE WITHIN Des gned By JWS I SEAL OFF RTPNGS IT" OF CONTROL PANEL. I RUN CWDUR TIGHT i0 UNDERSIDE OF WALKWAY STRUCTURE DECK II II,� 1 AND HPNDRML STRUCURE. TURN CONDUIT DDWN OUTSIDE OF CONCRETE TPNK SIRUCNRE AND IMD xllllll" BUILDING. Drown By: WRL Checked BY GIM I 11 I I ❑EOUPMINI PROVIDER SEEMS TLOCAIION. Scale: AS NO11D Oafe: OS-21 -2015 SHEET Et.1 F�'NIICP ( I'. PUN CONDNi iIGM i0 UNDERSIDE OF WALKWAY � S1RUCIURE DECK AND I ll_1 I — E a I pRNL STRUCTURE (1w,UUN) _ 10885 e __ z WW"171iY. 4 5 3 4 ID 4 5 I I a s IG 1 In � I a 5; o PROPOSED aLowER FLFCTRIcnL sFRsncF To ---------------------------------------------------PnNFL N-I F- T 45 I 3a I 1 z J 0 tt I U d wv 4 5 1] � � z r F 4 h ¢) RUN CONWN iWHi 10 UNDBbIDE OF IJ ¢ N O M f W W ~ E0, van rnz Z W O V f 8 M i W V 2 OJ Y e b� Z In 0 � J z o Q mcnw J Z � QQQ m w= �o w i w OC ~ O y W Y L ► t�3`>< y�And � ? C O Z a s 2 Z U W O W Q O�O"'O Q A C O O z CL IN W R z SCALE: NTS SHEET 8 of 9 NOTES THIS SHEET ' - - ❑i LOCATE IN AFRO ADJACENT r0 ATTIC nccEn. �2 FIXTURE LOCATED IN ATTIC. �3 PROVIDE (2) CIRCUITS (I) CIRCUIT FROM THE TOP RECEPTACLE xl-3 NJp (1) CRCUIT FROM THE BOTTOM RECEPTACLE TO 4YNCP. 1"C FOR CONTROL WIRING TO WTICP_ wcluul ui'aaivi�v� A (M,UONJ Q CIRCUR VIA WRAP. COORDINATE WITH WASTEWATER TREATMENT sPl PANEL "H1" EWIPMEM PROVIDER. 2 © ©ELECIRY?LLY ACTUATED VALVES. CRCUR VIA WITCP. COORpNAIE WITH WAS1EWAlER TREATMENT EQUIPMENT PRONOER. Designed By: JWS Drown By: WRL PANEL 11• 2 Checketl By: G1M Scale: JS NOTED I HI-, Dote: 05-21 -2015 SEAL _ c� © •�1niin�Pp••. y{N�ELECTRICAL LIGHTING NEW WORK PLAN GENERATOR JACKET WATER GENERATOR LIGHTING AND HUIER, 208V, 19 RECEPTACLE CONNECTON, 120V. PROVIDE BLOWER ELECTRIC DIESEL ENGINE CENEPAiOP rc ELECTRICAL LOAD SUMMARY LOAD OF3RPIgN CONNECTED LOAD DFxAHD FACTOR ._ COLD LIGHTING COPPOR FGHTNG RECEPTACLES I U I O3 KVA T5 RNA IOOx 10OR NOTE - 14.5 1N NVA O3 .A KVA BEAT NO 7.5 VA 100% 7.5 KVA MENTUTON 1.4 NVA 100% 14 W WRELINJEOUS WPSIEWAIIX EQUIP. 7.0 OVA 3IQ.O kVA IOU% TO. 7.0 OVA 310.0 KVA TOTAL N1.7 VA 391.7 KYA 1, IA 10 KVA M 11. REMAINDER O SOR NOTES THIS SHEET �1 GROUNDING ELECTRODE SYSTEM (BUILDING STEEL, COLD WATER SERVICE, GROUND ROD, CONCRETE ENCASED ELECTRODE, ETC. PER NEC ARTICLE 250). 2 SETS EACH: 4-600KCMIL 1 #1/0 GND - CC DIESEL ENGINE GENERATOR (STANDBY RATED). 500KW SL ® 0 SHE. 625K% 480/2M. 30, 4W WITH DNCP METER 2 SETS EACH: 4-35011MIL, WEATHERPROOF ENCLOSURE AND SUB -BASE NEL TANK AND METER BASE 4 #6, 1 #6 GND - 1"C#1/0 GND - 3'C IXITTING DNCP HAD MOUNTED TRANSFORMER Q WW IC 600A MLO N 480/2IN E I v<.D 30. 4W )BOOA-3P ONCE CT CABINET DO NO JUMPER ®m m mmo mmalU 11®IUm a�mm �2 MA� � mm© ommm mmmom0 �®11mmmmom®I. mom® ®UMA ®m®�� ®m®�� .. Vim®�®m®O®®6IN„INS®�m®i�!� mmu®® MINI :I. •I I �m mom©1IN —mmm� � mmm® �o aim mWIm0MEWmill m omm ®�m0'� m��1m mmm ®® N® m 11111111111111 0 oEEm- mmmm m mm 0MIIN AY. SIZE AS REQUIRED.ND - 1 1/4"CPANEL U L10M MR 300A MCB 208/12W 30.4W30,4W 20V 30, 4W FAULT CURRENT PRONDE ALL 277/460V PANELS WITH A SHORT CIRCUIT RATING OF 30 RAIN MINIMUM. CUNTALT THE LQGAL POWFN GOMRANY PRIOR TO SUDMNIING SHOP DRAWINGS AND IF THE AVAIIABLL FAULT CURRENT 15 LESS THAN OR MORE THAN THIS AMOUNT, MEN NOTIFY THE OWNER IN WRITING k PROADE APPROPRIATE POWER EQUIPMENT PROVIDE ALL 12D/20SV PANELS WITH A SHORT CIRCUC RATING OF 10 KAIC. UL L67D SERIES RATINGS SHAH NOT BE USED. N 'GI, I IN I I 1 1 #3/0 GND - 3/4"C ❑1 I #a/0 NO - 3/a•C 1'C FOR GENERATOR - T-L1 1"C FOR GENLFAiOR _ COMA015 AUTOMATIC IIUNSEER SWTCH A15, 600A-3P ECB 4 #2 REMOTE ANNUNCIATOR BOOR-3P, 480/271V, SE RATED WITH I #B GND - I 1/4"C CA80ND _ _ 800A-3P CIRCUN BRFlJ(ER. WR = 3DKND MINIMUM, NE. 4x 3 fe, 1 #1/0 GND - 3/4"C I #8 ONE - 1/2"C _ IXISIINO UNCP PRIMARY ONCE PROPOSED SECONDARY FEEDER. FEEDER PROVIDE (3) 3-1/2"C WITH PULL SIRING 2 SETS EACH: 4-600KCMIL 1 11/0 CND - 4°C 2 s A H: 6oDKCMIL 3 1/2"c POWER RISER DIAGRAM NO SCALE / ORO. Haiiuul sAl Niav piv �vass Designed By: JWS Drown By: WRL Chxked By: G.J. Scale: NO SCALE Dote: 05-21-2015 RE SEAL4 = 10665 ssAl ninPp••• W Q W (n IQ U ch Z Q Q J U Q W W u_ wJcn U 0 U < 0 z = (n w PROJECT Noy 13131 f R E5.0 ° 0 6; o Z SCALE: NTS SHEET 9 of 9 SPECIFICATIONS For Odor Control System for Sludge Holding Tanks Ocean Sands Wastewater Treatment Plant 200,000 GPD, Phase 1 DEQ Permit No. WQ0000185 County of Currituck DATE: May 29, 2020 14996 r gi�yh ]• WEP y�N��un�isNi��� �fz-/z� 1. General a. Provide manufacture submittals to the county establishing compliance with the specifications for approval prior to installation. b. Provide on year warranty on all parts and workmanship. c. Contractor is responsible for all equipment delivery, handling and storage. d. Contractor shall obtain all county building permits. e. All electrical work shall meet NC Building Code requirements. f. Provide manufacturers operation and maintenance manuals. 2. Blower a. General i. Furnish and install positive displacement blower equipment and accessories, complete and operational. ii. Equip with noise reducing silencers on inlet and discharge. iii. Blower piping shall be equipped with check valves to prevent backflow through the blower. iv. Provide inlet discharge filters. v. An air pressure relief valve preset at the factory shall be provided to protect the blower against excessive differential pressures. vi. Provide full, sound -attenuating enclosure which encases the entire package. Enclosure shall have easy open access to maintenance areas. The enclosure shall be rated for outdoors installation. vii. Provide all electrical wiring, conduit and breakers to connect to Panel H-1 as shown on the plans. viii. Blower shall be operated by an enclosure mounted on/off switch. ix. An elastomeric flex connector shall be provided to isolate the blower from the self-supporting piping. b. Design Criteria i. Standard conditions for SCFM: 14.7 psia, 68 deg F., 36% relative humidity ii. Flow required: 200 SUM iii. Differential pressure: 9 psi iv. Motor horsepower: 15 hp v. Power supply voltage: 460v/3ph/60hz 3. Aeration Piping and Diffusers a. Install new galvanized Schedule 40 - 3 inch supply pipe and 1-1/2 inch drop pipe assembly including brass ball valves with stainless steel handle, union and diffuser header assembly in accordance to the attached plans. b. Provide Snap Cap coarse air diffusers, Model 750 capable of flows up to 10 cfm, with %" NPT connection. ENGINEERING CALCULATIONS For Odor Control System for Sludge Holding Tanks Ocean Sands Wastewater Treatment Plant 200,000 GPD, Phase 1 DEQ Permit No. WQ0000185 County of Currituck DATE: May 29, 2020 "-s EAL t ? 14996 = f ♦,INp'W • Air Volume Requirements o Recommended Standards for Wastewater Facilities —Ten States Standards 2014 Edition. Chapter 85.5 Aerobic Sludge Digestions — Air Requirements ■ For minimum mixing an air supply of 30 cfm/1000 cf of tank volume shall be provided. o Water Environment Federation —Odor Control in Wastewater Treatment Plants — WEF Manual of Practice No. 22 ■ Sludge storage tanks are a major source of odor. Septicity is a major problem because the sludge can turn septic quickly, within hours, and completely change the character, strength and intensity of the odors. Steps to minimize odor generation include keeping the sludge mixed. The recommended method for mixing is aeration. Air diffusion using a coarse bubble arrangement would need a blower that could provide an average rate of 30 — 40 cfm/1000 cf of sludge to both mix and aerate the tank. o Sludge Holding Tank 1 volume = 36,550 gal = 4887 cf o Sludge Holding Tank 2 volume = 39,859 gal = 5329 cf 0 30 cfm x (5329 cf / 1000 cf) = 160 cfm 0 40 cfm x (5329 cf / 1000 cf) = 214 cfm o Use 200 cfm per tank • Diffusers/Piping o Use Snap -Cap coarse air diffusers 0 48 total diffusers per tank, 4.2 cfm per diffuser 0 0.05 psi pressure loss per diffuser = 2.4 psi o Friction loss: use 1 psi • Blower Design o Head Pressure ■ Static head: max. submerged water depth 13' = 5.6 psi ■ Friction loss: Use 3.4 psi ■ Total pressure differential = 9 psi ■ Elevation: 14.7 psi ■ Temperature 68 deg F. ■ Blower discharge pressure: 23.7 psig o Flow required: 200 scfm o Motor horsepower: 15 hp 0 460v/3ph/60hp OPERATION AND MAINTENANCE PLAN For Odor Control System for Sludge Holding Tanks Ocean Sands Wastewater Treatment Plant 200,000 GPD, Phase 1 DEQ Permit No. WQ0000185 County of Currituck DATE: May 29, 2020 General Operation The purpose of the blower is to reduce the odors of the sludge holding tanks by aerating the sludge and by mixing the sludge to prevent the formation of a hard, crust -like layer. The blower for the two sludge holding tanks shall be operated manually by the plant operator. The blower is turned on and off by a switch on the blower housing. A butterfly valve located on the air piping near the blower is used to divert air flow to the desired sludge holding tank. The blower shall be operated as necessary to prevent the formation of a sludge blanket. Once the blower is turned off and solids have settled, the top water layer may be decanted to the beginning of the treatment process. General Maintenance The operator shall follow the maintenance schedules listed in the operations and maintenance manual provided by the manufacturer of the equipment. In general, the operator shall be familiar with the manufacturer's manual by carefully reading through it before operating the equipment. EXISTING PERMIT For Odor Control System for Sludge Holding Tanks Ocean Sands Wastewater Treatment Plant 200,000 GPD, Phase 1 DEQ Permit No. WQ0000185 County of Currituck DATE: May 29, 2020 66 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality April 30, 2019 BEN STIKELEATHER—ASSISTANT COUNTY MANAGER OCEAN SANDS WATER AND SEWER DISTRICT 153 COURTHOUSE ROAD — SUITE 302 CURRITUCK, NORTH CAROLINA 27929-0039 Subject: Permit No. WQ0000185 Ocean Sands WWTP High -Rate Infiltration System Currituck County Dear Mr. Stikeleather: In accordance with your permit change of ownership request received January 31, 2019, and subsequent additional information received April 9, 2019, we are forwarding herewith Permit No. WQ0000185 dated April 30, 2019, to Ocean Sands Water and Sewer District for the operation of the subject wastewater treatment and high -rate infiltration facilities. This permit shall be effective from the date of issuance through June 30, 2024, shall void Permit No. WQ0000185 issued July 17, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than January 2, 2024. 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 July 17, 2017: ➢ Old Condition I11.7. —This facility is not located in the 100-year floodplain. ➢ Old Condition VI.2. — This permit is not voidable. The following permit conditions are new since the last permit issuance dated July 17, 2017: ➢ Condition II.11. — The setbacks listed in this condition have been updated for accuracy. ➢ Condition IIL4. — Requires the Permittee to take measures to prevent effluent ponding in or runoff from the infiltration sites. ➢ Condition 111.11. — Requires a protective vegetative cover to be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments. ➢ Condition I11.12. —Requires metering equipment to be tested and calibrated annually. �.,, _ North Carolina Department of Environmental Quality I Division of Water Resources Q Fm512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROU o.p+roWdmrMiWM&ntWo a1�1 r 919.707.9000 Mr. Ben Stikeleather April 30, 2019 Page 2 of 2 ➢ Condition III.13. — Requires an automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times ➢ Condition IV.9. — Requires date of infiltration equipment calibration and date and results of power interruption testing on alternate power supply to be recorded in the maintenance log. ➢ Condition VI.10. — States that this permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. ➢ Attachment A — 3 x Year monitoring has changed to March, July, and November to match groundwater monitoring months. ➢ Attachment C — Groundwater monitoring frequencies have been changed to monthly to correct the inadvertent change in the last permit. Groundwater monitoring for volatile compounds has been changed from semiannually to annually. 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 ashlgy.kabat(@ncdenr.gov. Sincerely, Lmda Culpepper, Director v Division of Water Resources cc: Currituck County Health Department (Electronic Copy) Washington 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 HIGH -RATE INFILTRATION 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 Ocean Sands Water and Sewer District Currituck County FOR THE operation of a 600,000 gallon per day (GPD) wastewater treatment and high -rate infiltration facility consisting of: construction and operation of a 400,000 GPD Phase II and Phase III Amphidrome wastewater treatment facility consisting o£ two 47,285 gallon primary clarifiers with four 1 horsepower (hp) solids removal pumps; a 35,208 main reactor dosing tank with eight 7.5 hp dosing pumps; a 49,424 gallon mudwell with four 1 hp solids -removal pumps and two 7.5 hp return pumps; eight 7,480 cubic foot (ft3) main submerged attached -growth bioreactors (SAGB); two 20,000 gallon clearwells and one 24,684 gallon clearwell with sixteen 6 hp backwash pumps, four 3 hp secondary reactor dosing pumps, and four 3.8 hp secondary reactor backwash pumps; two 934 ft3 secondary SAGB; one 55 gallon chlorination plastic drum tank; an electric pulse pump; two 36,550 gallon solids holding tanks with one 0.5 hp decant pump; two 39,859 gallon holding tanks; twenty chemical feed pumps; six 30 hp blowers; an effluent flowmeter; a final dosing chamber with a 16,667 gallon working -volume; two 9.5 hp final dosing pumps; one 750 kilovolt -amp (kVa) generator; and all associated piping, valves, controls, and appurtenances; the continued operation and subsequent demolition of the existing 500,000 GPD wastewater treatment facility consisting of. a 180,000 gallon influent aerated surge tank with odor control; a 500,000 GPD clarifier set; a 50,000 gallons of residuals storage; a 280 square feet (ft2) of tertiary filtration capacity; a 10,417 gallon liquid chlorination facility; a 3,200 gallon dosing tank; a 200 kilowatt (kW) standby generator; and all associated piping, valves, controls, and appurtenances; the continued operation of a 200,000 GPD Phase I Amphidrome wastewater treatment facility consisting of: a 600,000 GPD flow equalization basin; a 3.8 million gallon per day (MGD) channel grinder; a 5.5 MGD fine screen; a manual bar screen; three 50,000 gallon FEQ chambers; a 47,285 gallon primary clarifier; a 27,000 gallon main reactor dosing tank; four 13,990 gallon main SAGB; a 7,000 gallon secondary SAGB; one 20,000 gallon and one 11,882 gallon clearwell units; a 55 gallon chlorination tank; an electric -pulse pump; one 36,550 gallon and one 39,859 gallon sludge holding tanks; a flowmeter; an auxiliary generator; and all associated piping, valves, controls, and appurtenances; the continued operation of a 600,000 GPD high -rate infiltration facility consisting of: a 2.41 acre high -rate infiltration field with 118 spray irrigation heads served by two 15 hp submersible dosing pumps; and all associated piping, valves, controls, and appurtenances; and the WQ0000185 Version 3.4 Shell Version 180901 Page 1 of 11 continued operation of a groundwater lowering system consisting of. a series of trenches; a pump station located in the northeastern corner of the site that conveys groundwater from the groundwater lowering system to an unnamed tributary into Currituck Sound; and all associated piping, valves, controls, and appurtenances to serve the Ocean Sands WWTP, with no discharge of wastes to surface waters, pursuant to the application received January 31, 2019, subsequent additional information received April 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 June 30, 2024, shall void Permit No. WQ0000185 issued July 17, 2017, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. Demolition of the existing 500,000 GPD wastewater treatment facility plant shall begin within 30 days of completion of construction of the Phase II and III Amphidrome wastewater treatment facilities . [15A NCAC 02T .0108(b)(1)(B)] 2. Upon completion of construction and prior to operation of the permitted modifications, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, 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- Dischar e.Re orts ncdenr. ov. [15A NCAC 02T .0116(a)] 3. The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] 4. The Permittee shall request renewal of this permit on Division -approved forms no later than January 2, 2024. [15A NCAC 02T .0105(b), 02T .0109] II. 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, or failure of the infiltration areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of 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 quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0705(b)] WQ0000185 Version 3.4 Shell Version 180901 Page 2 of 11 5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m)] 6. High -rate infiltration sites permitted on or after December 30, 1983 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)] 7. The review boundary 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] 8. 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)] 9. 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] 10. 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 Currituck 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)] WQ0000185 Version 3.4 Shell Version 180901 Page 3 of 11 11. The facilities herein were permitted per the following setbacks: a. The infiltration sites were modified April 15, 2002. The setbacks for infiltration sites originally permitted or modified from February 1, 1993 to September 1, 2006 are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 200 iii. Groundwater lowering ditches: 200 iv. Surface water diversions (upslope): 200 v. Surface water diversions (downslope): 200 vi. Each well with exception of monitoring wells: 100 vii. Each property line: 501 viii. Top of slope of embankments or cuts of two feet or more in vertical height: 100 ix. Each water line: 10 x. Each swimming pool: 100 xi. Public right of way: 50 xii. Nitrification field: 20 xiii. Each building foundation or basement: 15 1 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 .02190)(5)] The to -be -demolished 500,000 GPD wastewater treatment facility was modified April 15, 2002. The setbacks for storage and treatment units originally permitted or modified from February 1, 1993 to September 1, 2006 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2, 3 vi. Nitrification field: 20 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 Per a settlement agreement recorded in the Currituck County Register of Deeds, reduced setbacks from the treatment units to any property line are as follows: Parcel No. Deed Book / Page Setback Description open spaces on locate and maintain previously recorded utility facilities related plats Sections D, E, F, 230 / 600 0 feet to the water and sewer H, I, J, K, L, N, P, Q, systems within the R, and G. specified areas [15A NCAC 02H .02190)(5)] WQ0000185 Version 3.4 Shell Version 180901 Page 4 of 11 c. The Phase I Amphidrome treatment unit was permitted May 29, 2015, and the Phase 1I and III Amphidrome treatment units were permitted July 17, 2017. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 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 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 2,3 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 Per a settlement agreement recorded in the Currituck County Register of Deeds, reduced setbacks from the treatment units to any property line are as follows: Parcel No. Deed Book / Page Setback Description open spaces on locate and maintain previously recorded utility facilities related plats Sections D, E, F, 230 / 600 0 feet to the water and sewer H, I, J, K, L, N, P, Q, systems within the R, and G. specified areas [15A NCAC 02T .0706(d), 02T .0706(e), 02T .0706(f), 02T .0706(g)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02T .0700] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0707(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. The Permittee shall take measures to prevent effluent ponding in or runoff from the infiltration sites listed in Attachment B. [15A NCAC 02T .0707(c)] 5. Infiltration equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0707(d)] 6. Only treated effluent from the Ocean Sands WWTP shall be infiltrated on the sites listed in Attachment B. [15A NCAC 02T .0701] 7. The Permittee shall not allow vehicles or heavy machinery on the infiltration area, except during equipment installation or maintenance activities. [15A NCAC 02T .0707(e)] WQ0000185 Version 3.4 Shell Version 180901 Page 5 of 11 8. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration facilities. [15A NCAC 02T .0705(p)] 9. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC 02T .0708, 02T .1100]. 10. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0705(i)] 11. 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 02T .0707(g)] 12. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d)] 13. 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 02T .0705(k)] 14. 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 Washington Regional Office, telephone number (252) 946-6481, shall be notified prior to each cleaning. [15A NCAC 02T .0707(h)] 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 treated effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] WQ0000185 Version 3.4 Shell Version 180901 Page 6 of 11 5. The Permittee shall maintain records tracking the amount of effluent infiltrated. These records shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration; b. Volume of effluent infiltrated; c. Site infiltrated; d. Length of time site is infiltrated; e. Loading rates to each infiltration site listed in Attachment B; and f. Weather conditions. [ 15A NCAC 02T .0108(c)] 6. Three copies of all monitoring data (as specified in Conditions IV.3. and IV.4.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Condition IV.5.) on Form NDAR-2 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)] 7. 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 wastewater treatment 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)] 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 02T .0708(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 infiltration equipment calibration; c. Date and results of power interruption testing on alternate power supply; d. Visual observations of the plant and plant site; and e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). WQ0000185 Version 3.4 Shell Version 180901 Page 7 of 11 [I 5A NCAC 02T .0707(i)] 10. Monitoring wells MW-4, MW-5, MW-6, MW-7, and MW-9 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms well abandonment forms and monitoriLig. 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 .0105(m)] 12. Noncompliance Notification: The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481, 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 facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the 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 Washington 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)] WQ0000185 Version 3.4 Shell Version 180901 Page 8 of 11 1I1 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and infiltration facilities. [15A NCAC 02T .07070)] 2. The Permittee shall inspect the wastewater treatment and infiltration 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 02T .0707(i), 02T .07070)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and infiltration 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)] VI. GENERAL CONDITIONS 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. 143-215.1(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)] WQ0000185 Version 3.4 Shell Version 180901 Page 9 of 11 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 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] 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 30t` day of April 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION j { _ coda Culpepper, Director Division of Water Resources By Authority of the Environmental anagement Commission Permit Number WQ0000185 WQ0000185 Version 3.4 Shell Version 180901 Page 10 of 11 Permit No. WQ0000185 High -Rate Infiltration System Ocean Sands Water and Sewer District April 30, 2019 Ocean Sands WWTP Currituck 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 02T, 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: Professional Engineer's Name Firm Name Firm No. Address City I State I Zip Code I Telephone I Email _ I Seal, Signature, and Date I 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. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 WQ0000185 Version 3.4 Shell Version 180901 Page 11 of 11 THIS PAGE BLAND. ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0000185 Version: 3.4 PPI 001— WWTP Effluent (Phase I) EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 15 2 x Month' / Weekly 2 Composite 00940 Chloride (as Cl) mg/L 3 x Years Composite 50060 Chlorine, Total Residual mg/L 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 43 2 x Month' / Weekly 2 Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 500,000 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 2 x Month' / Weekly 2 Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 2 x Month' / Weekly 2 Composite 00620 Nitrogen, Nitrate Total (as N) mg/L 10 2 x Month' / Weekly 2 Composite 00600 Nitrogen, Total (as N) mg/L 2 x Month' / Weekly 2 Composite 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L 2 x Month 1 / Weekly 2 Composite 70300 Solids, Total Dissolved —180 °C mg/L 3 x Year 3 Composite 00530 Solids, Total Suspended mg/L 20 30 2 x Month' / Weekly 2 Composite 1. 2 x Month sampling shall be conducted from September 1 st through April 30". 2. Weekly sampling shall be conducted from May I" through August 3111. 3. 3 x Year sampling shall be conducted in March, July, and November. WQ0000185 Version 3.4 Attachment A Page 1 of 2 PPI 002 — WWTP Effluent (Phases II and II1) EFFLUENT CHARACTERISTICS EFFLUENT LIMITS Units of Monthly Monthly Daily Minimum Daily Maximum Measure Average Geometric Mean MONITORING REQUIREMENTS PCs Code Parameter Description Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 2 x Week Composite 00940 Chloride (as Cl) mg/L 3 x Year 3 Composite 50060 Chlorine, Total Residual mg/L 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 2 x Week Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 600,000 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 2 x Week Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 2 x Week Composite 00620 Nitrogen, Nitrate Total (as N) mg/L 10 2 x Week Composite 00600 Nitrogen, Total (as N) mg/L 2 x Week Composite 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L 2 x Week Composite 70300 Solids, Total Dissolved —180 °C mg/L 3 x Year' Composite 00530 Solids, Total Suspended mg/L 15 2 x Week Composite 1. 3 x Year monitoring shall be conducted in March, July, and November. PPI 003 — Surface Water Monitoring of Groundwater Lowering System (36.323611°,-75.816389°) EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL Monthly Grab 50050 Flow, in Conduit or thru Treatment Plant GPD Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L Monthly Grab 00620 Nitrogen, Nitrate Total (as N) mg/L Monthly Grab 00665 Phosphorus, Total (as P) mg/L Monthly Grab 1. Flow shall be monitored via the existing variable area velocity flow meter inside the discharge pipe at the groundwater pump station. WQ0000185 Version 3.4 Attachment A Page 2 of 2 ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0000185 Version: 3.4 Ocean Sands Water and Sewer District — Ocean Sands WWTP INFILTRATION AREA INFORMATION APPLICATION LIMITATIONS Site Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Rate Units 1 Ocean Sands Water & Sewer District Currituck 36.3229901 -75.8140161 2.41 NhC 01284 — Non -Discharge Application Rate 7.65 GPD/112 Totals 2.41 WQ0000185 Version 3.4 Attachment B Page 1 of 1 THIS PAGE BLANK ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring Wells: MW-4, MW-5, MW-6, MW-7, and MW-9 Permit Number: WQ0000185 Version: 3.4 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00680 Carbon, Tot Organic (TOC) mg/L Monthly Grab 5 00940 Chloride (as Cl) 250 mg/L Monthly Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL Monthly Grab 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L Monthly Grab 00620 Nitrogen, Nitrate Total (as N) 10 mg/L Monthly Grab 00400 pH 6.5-8.5 su Monthly Grab 1 00665 Phosphorus, Total (as P) mg/L Monthly Grab 70300 Solids, Total Dissolved - 180 °C 500 mg/L Monthly Grab GWVOC Volatile Compounds (GW) Present: Yes/No Annually Grab 3, 4,5 82546 Water Level, Distance from measuring point feet Monthly Calculated 1,2 1. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 2. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 3. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/L or less b. Standard Method 6210D, PQL at 0.5 µg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L, or less d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used shall meet the following qualifications: a. A laboratory shall be DWR certified to run any method used. b. The method used shall include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used shall provide a PQL of 0.5 µg/L or less that shall be supported by laboratory proficiency studies as required by the DWR Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 µg/L shall be qualified (estimated) and reported. 4. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Washington Regional Office supervisor, telephone number (252) 946-6481, shall be contacted immediately for further instructions regarding any additional follow-up analyses required. 5. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis shall be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. 6. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment. 7. Annual monitoring shall occur in November. WQ0000185 Version 3.4 Attachment C Page 1 of 1 t V, m I ik, 11 = IN = I . ft I 360 Fee � Vo top r� o a NORTH CAROLINA } RRITUCK COUNTY BOOK 2 3 0 PAGE 600 SETTLEMENT AGREEMENT '1 S AGREEMENT is entered into this 16th day of June, 1987, by and betw Coastland Corporation a corporation duly organized under the laws of the(tate of North Carolina and having principal offices located at 1112 Laskin 00, Virginia Beach, Virginia, 23451, and Ocean Sands, Inc., a North 06A Tina corporation the assets of which have been merged into Coast land%ereinafter sometimes collectively referred to as "Coastland"), and CurritQk County, a body corporate and public organized under the laws of the Staoe of North Carolina and having principal offices at the Currituck County Courthouse, Currituck, North Carolina 27929 (hereinafter, "the County"). WHEREAS, Coastland is engaged in the business of real estate development on t uter Banks of Currituck County, and in particular is the developer of a Ossort project known as Ocean Sands; and WHEREAS, CoastlaieeApfendant rporation and Ocean Sands, Inc. are plaintiffs and Currituck County is in litigation now pending in the United States District Court i the Eastern District of North Carolina, (No. 84-38-CIV-2, hereinafter,>.referred to as the "federal suit"), which litigation involves the ��rraayyl,idity of certain zoning regulations as they affect the Ocean Sands devel nt; and WHEREAS, Currituck CountM s the plaintiff and Coastland Corporation is the defendant in litigation v pending in the North Carolina Court of Appeals (No. 841SC1168, hereinafter referred to as the "state suit"), which litigation involves the validity,o^ an agreement the terms of which purport development; and to require the County to provide16r and sewer service to the Ocean Sands WHEREAS, the parties to this agr,N�fent recognize it is in their mutual best interest to resolve all penditigation and other matters of controversy or dispute arising outor related to the Ocean Sands development; and WHEREAS, pursuant to Section 719C of to County toning Ordinance, The Board of County Commissioners on April 21, 1987 issued to Coastland Corporation a conditional use permit (hereinafter "The Permit"), attached hereto as Exhibit A authorizing it to complete Ocean Sands and made the effectiveness of that permit expressly contilMent upon execution by Coastland of this settlement agreement and comp aMce with certain of its terms; ernn NOW THEREFORE, in consideration of the premises the mutual covenants set forth below, the parties hereby agree as follows• �e �J (1) Coastland. Where applicable, the term shall include Coastland's successors and assigns, including purchasers from Coastland of lots or tracts within Ocean Sands. (2) Co�unq. Currituck County. To the extent that the County's obligations under this agreement are assumed by the District, then the term "County" shall, in appropriate context, refer to the District. V `(� V1r Y" Y (3) District. The water and sewer district established in accordance with ection 4 of this agreement. Econ�omicallll Infeasible. Notwithstanding that the dominant purpose of —this Agreement is to assure Coastland that its Ocean �" Sands development may henceforth be and remain marketable without elay or interruption on account of the unavailability of water d sewer service, a proposed manner of providing such service s�ll be considered economically infeasible if reasonable minds wo not differ that the cost of providing such service in that marnl9k is excessive to the extent that it would be utterly unreiasonable and unrealistic to require that the service be provided in that manner, considering the benefit to Coastland and the ability of the County to finance such service. (5) Master PW, The master plan of Ocean Sands, consisting of three drawings led MP1, MP2, and MP3 prepared by Envirotek, Inc. and dated ApriT,4, 1987, a copy of which is appended to Exhibit A, attached here and the contents of which are a part of this agreement. (6) Utility FaciliNes. The term shall include wells, ponds, pumping sta ions-, a'1-Cn s",'es"ewage treatment and discharge facilities, water treatment and sto0ae facilities, water and sewer lines and other equipment and faci�ies related to the water and sewer systems required for Ocean 10S. (7) Ocean Sands. The entKr-e development (consisting of approximately 67T—acres covered by the ermit. Section 2. Coastland's Genera li ations. (a) Within thirty days aftero he execution of this agreement, Coastland shall: (1) Pay in full by cashier's or ertified check the amount of delinquent ad valorem taxes an nterest it owes on properties listed in the name of Coastland roymoration or Ocean Sands, Inc. O `A\ �r `r r� Q flaOK 230 PAGE 602 3 for tax years 1977 through 1980 as well as 1984 and 1985. If paid on or before July 31, 1987, this amount shall be $88,393.66. The County acknowledges that, with such payment, the ad valorem tax obligation of Coastland for all years through 1985 will have been O fully satisfied with respect to all properties described in the first sentence of this subsection (1). (2);�Convey or have conveyed to the County the following: To the extent not previously dedicated or conveyed, all existing water and sewer lines outside the boundaries of individual lots as well as necessary easements for the same. b. All easement rights it has retained to locate and maintain utility facilities related to the water and sewer systems within areas dedicated as open spaces on previously recorded plat of Sections D, E, F, H. 1. J, K. L. N, P. Q. and R, as wel open space located on the west side of Ocean Trail with Section G (i.e., the present site of the water treatmk& plant). (3) Execute and I& with the U.S. District Court for the Eastern District of NdrtD.Carolina the Notice of Voluntary Dismissal of the federal sui"ttached as Exhibit B; and (4) Execute and delivP Michael 8. Brough, Attorney for the County, the Motion to With Appeal in the state suit, a copy of which is attached as Exhiblo (5) Execute and deliver to Michael B. Brough, Attorney for the County, The Motion to Vacate J nt and Enter Consent Judgment, Motion to Amend Complaint and d Party Defendant, and the proposed Consent Judgment, attache Exhibits D, E1, and F respectively. (b) Coastland shall pay to the C<"'ty on or before December 31, 1987: (1) All delinquent ad valorem taxe nd interest owed on the property within Section F of Ocean Sands own as Sea Loft Village for tax years 1980 through and including 6. If paid during the month of December, 1987, this amount sha(T be $42,851.69. (2) All delinquent taxes and interest it owes on property within Ocean Sands for tax year 1986. If paid during the month of December, 1987, this amount shall be $67,342.71. (c) Simultaneously with the execution of tos agreement. Coastland shall provide the County with an interim easem from James Johnson (substantially in the form attached hereto as Exh� 6) to utilize that portion of Section V (approximately two acres adj a to the existing rotary distributors) that is necessary to accomnodatlf�he two additional rotary distributors that must be constructed immediatel o comply with the Y� r� .111Y.1 YG .1. pr.YYG- 7. 1"". r.IG G..,11Y Y4.G 1/Y14G. .i .R. Yi Y6Y '. ■ - %-, Q Master Alan and that title to said Section V is to vest in the County as provided in subsection (d). yl�\ (d) Coastland acknowledges that the County is entitled to acquire title to the eight acre parcel shown as Section V and -covenants that neither Coastland nor J.E. Johhson, Jr., present title holder, will object to the entry by the court of an order vesting title in the County pursuant to the terms of a Settlement Agreement entered into between Whalehead Q%Properties, et al, and Coastland dated February 20, 1984. (e) With respect to all sections of Ocean Sands where common open sp (including reserve utility open space) is required other than those se ons specified in subsection 2(a)(2)b above, Coastland shall convey or hav conveyed to the County easement rights to locate the facilities descKT4ed in subsection 2(a)(2)b within such open space areas, (See Sectibpl,7 below for limitations upon the County's discretion to locate utilit l-_cilities in open space.) (1) Q h conveyance shall be made before any lot within any such sl$tion is sold or before any building permit is issued for such s I eoelon, whichever occurs first, unless conveyence is earlier req fired under (2) below. (2) If the County determines that, consistent with the other provision& of this agreement, utility facilities must be installed in an 6Meveloped section of Ocean Sands before Coastland designate the area(s) within such sections that are to be preserved common open space in accordance with subsection 5(d)(4) of � Permit, then the County may submit to Coastland a written reqWt to convey to the County easement rights for a specified aret,Qithin the section in question (up to a maximum open space perc�ptage set forth in Section 5(d) of The Permit) and Coastland shall,oithin thirty days after receiving such request, either: a. Convey the regi*ted easement rights, or b. Notify the County of its intent to withdraw the section in question from the s of the Permit as provided in Section 10(b) of the Permior C. Notify the County of0ts intent to submit to the County a master plan for the d�lopment of that section which shows haw the required open ace will be provided. This plan shall be submitted to th ounty within sixty days thereafter and Coastland shall conve o the County (simultaneously with the transmission of the Gitar Plan or as soon thereafter as possible) easement right ,-(to the open space area so designated. V 0 BOOK 2 3 U PAGE 604 (f) Within forty-five days after receiving from the County a written �equest to do so (which request shall be made only if the County determines the requested easements are reasonably necessary to provide water service u this agreement), Coastiand shall convey to the County (i) an easement th gh Sections X and Y to allow a water line and pump to be constructed to w water from Currituck Sound for the proposed desalinization plant, as 1 as (ii) an easement to allow salinized water from the desal nation plant to be discharged into the ocean. (g) th respect to the conveyances required under this section, Caasttan all bear the cost of deed preparation and revenue stamps (if required by��), and the County shall pay the cost of recording the deeds. If the Co y requires a metes and bounds description, this shall be provided by the County. Section 3. County's Obligation to Provide Service. (a) Subject and in accordance with the remaining provisions of this agreement, the Cou* shall provide and maintain water and sewer service to the entire Ocean S418F development. (b) On the date %str.sng agreement is executed, the water supply source for the water system the Ocean Sands development consists of three shallow aquifer wells. ,,4he parties anticipate that the existing wells, together with two additii 1 wells to be located within the Ocean Sands development, can provide i for to 800 dwelling units (or the equivalent in non -reside 1 demand). Thereafter, and subject to subsection (d), the County h ll obtain additional water from whatever source can provide an adequaW and assured long term source of supply at the most reasonable cost. Among the alternatives that have been identified as being technically feasible a the folowing: (i) additional wells , located on the Outer Banks but side the Ocean Sands development; (ii) f. mainland wells, with a water SUPM line running across Currituck Sound; (iii) a desalinization plant with r water obtained either from deep wells or Currituck Sound, and (iv) Dare Co� (c) On the date this agreement. executed, the sewage treatment system serving the Ocean Sands devel �nt relies mainly upon existing drain fields and a rotary distributor the disposition of treated wastewater. The parties anticipate that Wadditional rotary distributors will be installed within Section V to meet the immediate need to expand the system's capacity in accordance with State requirements. Thereafter, additional system capacity will be obtained by installing underground low pressure drain fields rather than above ground_votary distributors unless (i) approval cannot be obtained from apprWiate state or federal regulatory authorities, or (ii) underground line rove to be economically infeasible, or (iii) the parties agree upon a sat j�yctory alternative. (d) The County shall, following generally adce ted principles and policies of a public utility, make water and sewer see available within Ocean Sands as needed on a timely basis so that developent is not delayed Y� 16 of �Yh !l� reason bond financing is not available or for other sound reasons. In O addition, while both parties reasonably expect that the water and sewer systems described herein can be constructed and financed as contemplated, both parties also recognize that the future cannot be predicted with certainty and that the County shall not be required or expected. in order to provide service as contemplated under this agreement, to attempt that which is impossible or that which, while theoretically possible, is illegal or economically infeasible. Nor shall the County be under any obligation o condemn land located outside of Ocean Sands to fulfill its obligations under this agreement (although nothing in this agreement shall be nterpreted as limiting the County's right to exercise its power of eminent domain as to land outside of Ocean Sands). .0 ) The County shall make water and sewer service available to Sect s4 0 and M as soon as possible after Coastland has supplied the Count ith the in tract engineering design plans for those sections. Seci:*n 4. Creation and Ex�sion of District Within Ocean Sands. (a) 't; is understood that the County expects to fulfill the obligationsv-;tt forth in Section 3 by establishing a Water and Sewer District undbrArticle 6 of G.S. Chapter 162A, and that the District shall assume the County's obligation as provided in Section 10. However, assumption by the District shall not relieve the County of its obligations under this agreement. (b) At the f regular meeting of the Board of Commissioners after the mutual executii�d f this agreement, the County shall initiate action to establish the DistrQ and shall diligently pursue the establishment of this District within 00 t earliest time frame permissible under the law. Initially, this Distri t,�hall include all that area designated as sections 0, E, F, H, I, J. K. t,CN P, 4, and R on the Master Plan. (c) The District estCished in accordance with subsection (a) may be expanded under the provist of G.S. 162A-87.1. Within the sections of Ocean Sands (as shown on thb aster Plan) that are not included within the District initially, the Dis i t shall be expanded in a manner that is consistent with the mutual it ?ent of the parties that (i) the District provide service only to areas that are within the District, and (ii) areas be annexed to the District ord as water and sewer service becomes available to them. Within Se on T, Coastland shall petition for annexation to the District underS. 162A-87.1(b) in a manner that is consistent with this subsection. ( use an extension of the District can become effective only at the beginnifW of a fiscal year, it is recognized that service to a particular area m aetually become available shortly before or after that area is added to t District). (d) It is acknowledged that, under. Gen. Stat. § 162A-89, the governing body of the District shall be the Currituck County Board of BOOK 230 PAGE 606 C �si H th �,,l omms oners. owever, a Board shall establish an advisory committee to Vceive information from and make recommendations to the Board on all 2pects of the District's operations. The advisory committee shall consist of at least three but no more than five members, and its composition shall b signed to ensure input from those most affected by the operations of th strict. The committee's membership shall include at least one member rec nded by the Ocean Sands Property Owners Association and one member rec �ded by Coastland. Sec i n 5. Expansion of District and Providing Service BVond �,0..�� 'Ocean and (a) Ezeh t as provided in the remainder of this section, nothing in this agreemi shall limit the discretion of the governing body of the District to determine whether, when, and under what conditions the District should be expanded beyond the boundaries of Ocean Sands or water and sewer services provided by the District beyond those boundaries. (b) Subject t ubsection (d) and except as otherwise mutually agreed by the parties in ting, expansion of the District beyond Ocean Sands or provision by the Di riot of water or sewer service beyond Ocean Sands shall be permissible as follows: (1) Capacity to se0lce Ocean Sands to the fullest extent development is authorized unWr the Permit must be assured. (2) The natural resoup of Ocean Sands shall not be impaired or used in any way to provt. service outside Ocean Sands. (3) For a period of ten �0)ars after the execution of this agreement, the water and sewer treatment plants located within Ocean Sands shall not be used to prgAa service outside Ocean Sands. (c) If any of the utility f%Slk0_ ities installed to provide water or sewer service to Ocean Sands are larger than is reasonably expected to be necessary to provide service tcean Sands, with the expectation or intention of using such facilities to vide service to developments other than Ocean Sands, then the costs ociated with "oversizing" such facilities shall not be paid for out revenues generated by or from properties within Ocean Sands. X (d) Should the District determine that it is willing to provide service to areas outside Ocean Sands but that, consistent with subsection (b), it can provide such service only if Coastland agrees and relinquishes its right to construct some of the ,commercia or residential density authorized under the Permit, then the Distric ay serve areas outside Ocean Sands after Coastland officially relinquis some of its authorized density in the manner required by Subsection 4(h) of -$he Permit. Coastland shall not be entitled to any compensation from theynty or the District for any such reduction in density, but nothing inTs agreement shall prohibit Coastland from receiving some consideration another developer Y� Section 6. Financing of Expansions. a (a) Subject to subsection (c), Coastland shall install at its expense all capital facilities necessary to connect individual lots within the sections of Ocean Sands to the water distribution mains and sewage collection mains that make water and sewer service available to these �1 sections. Without limiting the generality of the foregoing, such "facilities shall include water distribution and sewage collection lines 0erving individual lots, laterals, water meters, etc. Y> (b) Subject to subsection (c), the cost of constructing all other new caps al facilities necessary to provide water and sewer service to Ocean Sams shall be borne by the County (or the District as the successor for the unty) and shall be paid for out of revenues generated by the develVAent, except that the County shall apply for any federal or state funds ilable for water and sewer purposes and shall make those funds ayailab to the District and shall otherwise deal with Ocean Sands and the District a fair and impartial basis relative to other County -owned or District-6fted water or sewer systems operated within Currituck County. Except as Vqvided for herein, the County shall be under no obligation to transfer Co % funds to the District or otherwise expend County revenues to fund or 40port the water or sewer systems serving Ocean Sands. For purposes of this subsection, "revenues generated by the development" means monthly service charges, impact fees, or other fees and charges paid by Ocean Sands property owners who are customers of the water and sewer system, property es levied under Article 16 of G.S. Chapter 153A, or Article 6 of G.S. apter 162A, and paid by Ocean Sands property owners, or other revenues dVAved from the Ocean Sands property owners as a result of water or sewer ser®ce and not generally paid by other County residents. (c) The parties rnize that substantial fill material may have to be added to Section Y aperhaps other areas to make the waste treatment facilities operate propeijy'. Coastland shall be responsible for providing such fill to the County Coastland's expense in accordance with this subsection: * (1) If Coastland is u essful in obtaining permission from appropriate federal dF state agencies to construct a marina in Section Y, and if the ma erial removed to create the marina can satisfactorily be used a fill material (sand or dirt), then Coastland shall bear the st of digging out said materials and stockpiling it ready for r transportation. The County shall bear the cost of transpor this fill material to the sewage treatment site and unloading �k (2) If the material from the propo� marina site is suitable for fill but Coastland has not received ission to construct a marina by the time the County needs the j� material, or if the material Q Bou 230 PAGE 608 9 from the proposed marina site is unsuitable for fill, then Q� > Coastland shall still be responsible for making necessary fill `C material available to the County within the Ocean Sands development at no charge, but the cost of removing and transporting such borrowed material shall be borne by the County. In such event, the County shall exercise due care to leave the 0 premises except for the excavated area as nearly as practicable in the condition it was before such removal. (3) stland's responsibility to make fill "available" within Ocean s under this subsection shall mean making available to the Co access to the fill materials without undue burden or exp e. However, Coastland's obligation to provide fill within Ocea Sands shall not extend to any undertaking that is econ ically infeasible, meaning any undertaking about which reasonable minds would not differ that the cost of providing fill in that manner is excessive to the extent that it would be utterly unreasonable and unrealistic to require Coastland to provide fill in that m nV;r, considering the benefit to the County and the effect upon le marketability of Coastland's property. (d) The County consistent with sound and accepted utility management practices, a lish and revise from time to time a schedule of rates and charges suffici to meet its expenditure obligations. (1) To the extent rea3 bly possible, the cost of capital expansions shall be paid forjth funds derived from impact fees or the issuance of bonds, en bonds are issued, impact fees shall be established at a rateg0easonably calculated to provide sufficient funds to cover a subntial portion if not all of the bond payments, except that i pact fees shall not be set at unreasonably high levels considering s h factors as the comparable cost of providing water and sewerrvice by wells and septic tanks and the amount of impact iQs charged by other Outer Banks communities. 0 (2) Revenues from monthly servic harges shall generally be used primarily to cover operation maintenance expenses and to a lesser extent to provide capital erves or make bond payments. (3) The District shall establish its Ormenue structure to minimize (and eliminate if possible) the degree to which ad valorem taxes must be levied to establish capital revenues, make bond payments, or cover operating costs. (4) Before increasing monthly service charg or impact fees, the County shall provide to Coastland thirty, ys written notice of the intent to increase such fees or charges. Such increases shall not become effective until thirty days aftQ Coastland receives such notice or until the County receives`( stland 's written comments on such increases, whichever occurs ea oer. 6 0 �X r{� \\.I rr v r.vvr•r,, .rrrv• r rev r rr.nL 4nrvrr r. rMrr .. v• vrry r r vrrV ri c:.. yr systems when peak usage of the systems reaches approximately 80X of O capacity. Decisions on the size of any plant expansions shall be made in VIC, recognition of the County's obligation to expand the plant as necessary to keep pace with development while avoiding the capital and maintenance costs �• associated with excessive expansion. To this end, the County shall adopt policies to ensure that, whenever Coastland or a successor purchaser of a tract requests expansion of the water and sewer systems to accommodate new development, the County is protected from the risk of undertaking the Q) expense of the expansion and then not having the development occur, to the �Atriment of the ability to pay bonds issued to finance such expansion. in addition to other policies that may be adopted to accomplish the foregoing ob,.kctive, the County shall adopt a policy that provides that, whenever a deroloper submits a written request for an expansion, the County shall pr d with the requested expansion using all due diligence so that servcan be provided as soon as reasonably possible but not later than two s after the date of the request, if: (1)%jhe expansion can be financed through the sale of bonds (to the ( veloper or other purchasers) or funds for the expansion are o erwise available; and (2) Th developer makes a commitment to connect dwelling units or other development to the system according to an agreed upon schedule and to pay applicable fees (including without limitation impact fe s and monthly service charges), to the extent necessary to assu ' that, if the proposed development or other development does not ugh e requested capacity, the County will recover its capital ead ongoing maintenance costs, and provides adequate security a letter of credit, deed of trust on the property detOlOped, or other means) satisfactory to the County to guarantee thitleommitment. (f) All in -tract i��,qs and other facilities shall be constructed in accordance with the poli M , and specifications of the County. Lines and other facilities not conWucted by the County, together with necessary easements, shall be dedica* to the County before connection is made to the systems operated by the nty. Upon dedication, the County shall be responsible for maintenance of such lines and other facilities. (g) Any agreement betweed6khe County and a contractor for the construction of water or sewer (Jacilities shall contain schedules for completion and penalty provisions. Section 7. Location of Utility ilities. l' r� Q BOOK 23 U PAGE 610 I� (a) while Coastland shall convey to the County easement rights to �o struct and maintain utility facilities within all common open space as of Ocean Sands as provided in subsections 2(a)(2) and 2(e) of this agreement, the County's discretion to locate such facilities within such openApace areas shall be subject to the provisions of this section. Q Sewage treatment facilities (including underground distribution lines)(ased to provide service to all sections other than Sections G and T shall, the extent possible, be located within Section V. Sewage treatmen acilities used to provide service to Section G shall preferably be locate ,�(ithin Sections V or G, and sewage treatment facilities used to provide seoye to Section T shall prefereably be located within Sections V, T, or S. �, (c) If rotary distributors are required to be used to provide adequate sewage treatment and such distributors cannot be confined within Sections V. G, and T, then such rotary distributors shall be located within reserve utility open space eas (i.e., the shaded areas shown on the Master Plan) to the extent possi. (d) Coastland athe County expect and plan that the proposed water desalinization treatm nd storage facilities will be located in the open space area between Sec i ns H and I as shown on the Master Plan (drawing MP2). However, shouldMe County be prohibited for any reason from locating these facilitie y b the indicated area, then it is acknowledged that such facilities may placed in the open space set aside within Section G in a location appt,� by Coastland. e) Before locating or *m i g a contractual commitment to locate any above ground utility facilitiesmtside Section V, the County shall provide Coastland with at least thirty days written notice of the County's intent to place described facilities in identified location. Coastland may then provide the County, orally in writing, with any comments or suggestions it may have on the Cou 's plans. The County may not act to implement its proposed plans until thirty day period has expired or until it receives Coastland's written t*l ents, which occurs earlier. Section 8. Detailed Plan for Provi Service. (a) The County shall prepare or haveyl,*"pared for it (and furnish to Coastland) a complete plan for how water and4ewer service will be provided to meet the County's obligations under this agreement. This plan shall include analysis of how the costs associated with constructing, operating, and maintaining the proposed system are to be financed. Within ninety days following the execution of this agreement, th County shall provide Coastland with a written summary of the proposez lan, setting forth the alternatives under consideration, the projected Istope of the plan, and estimated taxes, fees, and rates. A complete p1 hall 'be provided to Coastland within one year after execution of this ag nt. (b) The purpose and intent of this subsection is\ -Mt to require the County to prepare complete design and construction \Awawings for the can responsibly and in a timely fashion meet its obligations under this agreement. (c) The plan required under subsection (a) shall be updated annually (and a copy furnished to Coastland) until Coastland has sold 90% of the lot area within Ocean Sands or until the passage of twenty years, whichever occurs first. v(d) The County's obligations under subsection (a) shall be contingent p9n compliance by Coastland with the provisions of Section 2(b) of this a reem nt. 4tion 9. Miscellaneous County Obli_qations. (a In consideration of the conveyance to the County of the easement rights scribed in subsections 2(a)(2), and 2(e) of this agreement, the County l: (1) in five days after it receives the tax payment specified in su ction 2(a)(1) and the deeds of easement described in Ssub mo�ttion 2(a)(2), transmit to Coastland a check in the amount of $94,$03.30. (2) Within five days after it receives the tax payments specified in subsection 2(b), transmit to Coastland a check in the amount of $29,808. 596 (b) Within fivlo days after receipt of the documents specified in subsections 2(a)(3), &)(4) and 2(a)(5), the County shall, by and through its attorney, Michael rough, execute and file with the North Carolina Court of Appeals the "M � " to Withdraw Appeal" attached hereto as Exhibit C. \->. (c) As soon as the Moro Carolina Court of Appeals allows the parties' Motion to Withdraw Appeal a".&'remands the action to the Superior Court of Currituck County, the County #011, by and through its attorney Michael S. Grough, execute and file wiq �he Superior Court the Motion to Vacate Judgment and Enter Consent Juifgment, Motion to Amend Complaint and Add Party Defendant, and the proposed Consent Judgment, attached hereto as Exhibits D, E1, and f respectivel;D (d) Within ten days after the\Disict), t has been finally established under G.S. 162A (i.e.. the 30 day pappeals regarding the creation of the District has passed withouor any appeal filed has been finally resolved in favor of the the County shall record an instrument or instruments conveyingistrict all the County's right title, and interest in the water r systems (including all real property interests conveyed by Coaq� the County pursuant to this agreement). C O 6 0 �Yh r� 0 �• BOOK 2 3 U PAGE 612 13 Q? (e) The County shall actively support Coastland's efforts to obtain rmission from relevant state and federal agencies to develop Section Y as marina. At Coastland's request, the County shall act as a co -applicant T with Coastland to obtain necessary permits, but Coastland shall bear the re risibility for and cost of preparing and filing required permit app ilBaations. (i' The County shall actively support an effort to make liquor by the drink " lable within at least the Ocean Sands portion of the Outer Banks. (g) County shall install and maintain sufficient landscaping or other buffing devices so that all utility facilities are properly screened ye4+C round from the view of adjacent properties and streets. Evergreen screening shall be a minimum of five feet tall within three years of planting. In addition, lines providing electrical service to such existing and future facilities shall be run underground if located in any section where seco dary electrical service is otherwise run underground. If any utility f�lity or overhead line is abandoned by the County, it shall be cleaned 44 d removed at the County's expense. (h) Any easemen�{� r open space areas granted or dedicated to or for the benefit of the Coy that are not required under the Permit and are not reasonably necessar\(`to provide utility services to Ocean Sands as contemplated under the Permit and this agreement shall, at Coastland's request, be reconveyed by fqe County to Coastland. Section 10. Rights and •li ations of District as Successor toCount that; y. (a) The parties to this ement expect, and the County will assure, (1) The District will exec an instrument accepting all of the County's obligations undeQthis agreement in consideration of the County's conveyance to the strict of the County's right, title, and interest in the water sewer systems and related property interests as provided in Sub ion 3(c). (2) The District will, as soon as ronably possible, seek authoriza- tion from the qualified voters the District to issue bonds to finance the proposed expansion c�N the water and sewer systems necessary to serve the District. (b) Upon assuming the County's obligations under this agreement, the District shall also succeed to all of the County's rights and prerogatives under this agreement. G �o Y• c� treatment facilities as well as -water storage facilities, so ~long as such 0 relocation impose no additional capital or operating costs on the County and does not otherwise prejudice the County in any way. �- Section 12. Abandonment of Claims. (a) Coastland and the County hereby mutually cancel and terminate and abandon all claims (monetary and otherwise) arising out of that certain Oreement between the parties, entitled "Developer and County water and r Agreement," dated May 7, 1973, relating to provision by the County of w er and sewer services to the Ocean Sands development. Coastland hereby abandons any rights or interest it may have to devel its property in accordance with or pursuant to the conditional use permit sued by the County on March 20, 1973, for a planned unit develop- ment kn as Ocean Sands and further abandons any claims against the County ( etary or otherwise) resulting from any alleged deprivation of rights ar g out of the issuance of this permit. (c) The�Foregoing abandonment of claims is specifically made con- tingent upon tip creation of the District as set forth in Section 4 of the agreement and he acceptance by the District of the County's obligations under this agreement as set forth in Section 7. In addition, the foregoing abandonment of claims may be rescinded by either party if a court of competent jurisdicti n, in a final judgment, invalidates either the Permit or this agreement, �jrovided that before such rescission becomes effective Coastland shall ret to the County any payments made under subsection 9(a) of this agreem and the County shall reconvey to Coastland any easement rights conve ursuant to subsections 2(a)(2) and 2(e) of this agreement. Section 13. Obligati •to Run with the Land. It is Coastland`s in tion that the obligations undertaken by Coastland with respect to th 678 acre tract described in Exhibit A shall run with the land and shall be(inding on successors or assigns who acquire any portion of this property � undeveloped acreage. Coastland further, understands and acknowledges th this settlement agreement as well as the Permit shall be recorded and intend that any such purchaser of undeveloped acreage shall, as a condition of spurchase, be bound by all applicable terms of this agreement and the Perne. Section 14. Agreement Not for Beo 't of Third Parties. This agreement is solely for the bfit of the parties to it, and no person or entity other than one of the paOtHes hereto shall seek to enforce the agreement against a party or claimy benefit from either party arising out of the provisions of this ag eevpnt unless such person is a O d �x Y� �. BOOK 2 3 0 PA6E 614 15 CZ N s'ccessor to the rights and obligations of such party or, by contractual 4r ement, such person or entity is acting on behalf of such party. By way ofrillustration without limitation, no person or entity other than Coastland or its successors or assigns who acquire undeveloped acreage may seek or otherwise benefit from any commitment made by the County in tSenforce agreement concerning the manner in which water and sewer services are e provided or fees and charges levied to finance such services. 15. Effect of Incorporation. The pa es agree that, if the portion of the Outer Banks where Ocean Sands is io d should be included in any municipal corporation created on the Curritucir%ter Banks, all rights under this agreement and the Permit shall be regard as vested and may not, without Coastland's consent, be adversely affe ed by any zoning or subdivision ordinance or other decision adopted by such newly incorporated municipality. The County agrees to attempt to have a provision incorporating the substance of this section included in any spec al legislation passed by the General Assembly that incorporates such m ipality. Section 16. Arb4 ion. Notwithstanding thatC ine terms of this Settlement Agreement are to be incorporated in and may "'INnforced pursuant to a Consent Judgment to be filed in the state suit, ' parties agree that on notice given by either of them, any controversy h after arising between them relating to this agreement (except a claim b ;44astland based upon an alleged breach by the County of the covenant contVTned in Section 17) or to the failure or refusal to perform the whole 0 any part thereof, shall be submitted to arbitration under the terms of t Uniform Arbitration Act, G.S. § 1-567.1, et seq. Notice of intent to a bitrate given by one party to the other sfia�Tll be effective if in writing a delivered to the other, or mailed to the other, at the address stated the signature page hereto, within a reasonable time after such party beQmes aware of the existence of such controversy. Such notice shall not b" nsidered untimely solely by reason of its having been delivered or maileej by either party) within the time for filing of answer to a complaint f i p4, wherei n some part or all of the same controversy is asserted as grounds fW. a civil action. Any such civil action shall be stayed pending arbitrat' which is timely invoked by either party, unless on motion of the other Ar y the Court shall otherwise order for reasons it finds compelling. l Section 17. Covenant of Validity. The County covenants that it has complied with all statutory requirements to ensure that this agreement ia valid and binding obligation upon it and that it has received the itten opinion of its counsel, Michael 8. Brough, to that effect. O 0 implement the foregoing agreement. `A\ Section 19. Notice. �• Notice to either party shall be effective if mailed to the address set forth in the introductory paragraph to this agreement. 0 YI* V �AASTLAND CORPORATION amei o nson, res en 'Atte"b�. 7cpra 74, f' A Boni 2 3 A PAGE 616 17 OCEAN SANDS, INC. �v By: awes nson, res Attest:. Attest: &hj44,'_1jj. The undersigned James Johnson executes this agreement individually to acknowledge his obligations under Sections 2(c) and 2(d) as well as his obligation to execut_q the Answer set forth as Exhibit E3 and the Consent Judgment attached axhibit F. `A, rw=e` s Johnson ^6 V vkl SEAL -STAMP 1<1 MBItIIf](1I1L1lill(xMx�XilKi�i�ii�iii4�X�$ X . STATE OF VIRGINIA. COUNTY OF CESS ANNE I, a N tary Public of the�unty and State aforesaid, certify that * 4h 14zd - h , personally came before me this day and ac now edged a S e s Secretary of COASTLAND CORPORATION, a North Carolina corporation, an ly authority duly given and as the act of the corporation, the foregoing ir@rument was signed in its name by its President, sealed wj�q its corporate seal and attested by its cretary. Witness my hand and OTTICIal stamp or seal, this ay lg 2. NOTARY PUBLIC My comnission expires: STATE OF NORTH CAROLINA COUNTY OF CURRITUCK I, a notary public of the county and state aforesaip ertffy that -Eileen M. Wirth personally appeared before me this day and acledgec:th�� s31e►-is clerk to the Board of Commissioners and that the foregoi�koe7dt as 'i�g'gpd by Frances Walker and attested by Eileen M. Wirth as c14E in -61T a t'�dr9 the official action of the Board in issuthe permit 01 NOTAR PUBLIC ' }• My commission expires 9-29-90. /:' ....•°`C�i f- �f �X V i, a, notary ruoirc or the country ana aLaLe 6TUrC5410, cer�cr,,f r.na6 O � f�, 4 b - ke ` , personally came before me this day and act faw'leedgee MUM is Secretary of OCEAN SANDS. INC., a North Carolina corporation, and that Vy authority duly given and as the act of \A the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporatg seal and attested by as its Secretary. Witness my hand and c a stamp or seal, s ,�_ ay o 19 ram. My comd ,4ion expires: /t% /990 The `fY oing instrument the Local*rnment Budget r We �O NORTH CAROLINA, CURRITUCK COUifN certificates) of has been pre -audited in the manner required by and Fiscal Control Act: 4'"'4j'm i��t:�n J"" nance cer �.-�. `, is (are) certified to be 001 c��orrect. This Instrument was presented for ie • tration at-PdAo'cIock �.� .., on 19_91, and recorded in Book1,Page V Re 'ftelofed3 Q gy Y Deputy Resister of Deeds y Q nl�