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WQ0000193_Final Permit_20210215
ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 15, 2021 CHRIS MCCALL — VILLAGE MANAGER VILLAGE OF BALD HEAD ISLAND POST OFFICE BOX 3009 BALD HEAD ISLAND, NORTH CAROLINA 28461 Subject: Permit No. WQ0000193 Village of Bald Head Island WWTP Reclaimed Water Generation, Conjunctive Reclaimed Water Utilization, High -Rate Infiltration, and Dedicated Reclaimed Water Utilization System Brunswick County Dear Mr. McCall: In accordance with your permit renewal request received August 21, 2020 and subsequent additional information received November 20, 2020, we are forwarding herewith Permit No. WQ0000193 dated February 15, 2021, to the Village of Bald Head Island for the continued operation of the subject reclaimed water generation, conjunctive reclaimed water utilization, dedicated reclaimed water utilization, and high -rate infiltration facilities. This permit shall be effective from the date of issuance through May 31, 2027, shall void Permit No. WQ0000193 issued August 8, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than December 2, 2026. 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 August 8, 2017: ➢ Old Condition I.I. —This condition has been removed because an Operating Agreement was submitted. ➢ Old Condition L2. — This condition has been removed because the Engineer's Certification was received. ➢ Old Condition L3. — This condition has been removed. ➢ Old Condition III.9. — This condition has been removed. DK ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center ! Raleigh, North Carolina 27699-1617 NORTH CAROLINA n.wmwm m e�wm���� a.ory 919.707.9000 Mr. Chris McCall February 15, 2021 Page 2 of 2 ➢ Old Condition VL2. — This condition has been removed because the permit is not voidable. The following permit conditions are new since the last permit issuance dated August 8, 2017: ➢ Condition IL6. — This condition replaces Old Condition IL6.a. ➢ Condition IL8. — This condition replaces Old Condition IL6.c. ➢ Condition IL9. — This condition replaces Old Condition IL6.d. ➢ Condition III.18. — Metering equipment shall be tested and calibrated annually. ➢ Condition IIL20. — Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. ➢ Condition VI.10. — This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Erick Saunders at (919) 707-3659 or erickson.saunderskncdenr.gov. Sincerely, S. Daniel Smith, Director Division of Water Resources cc: Brunswick County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION, CONJUNCTIVE RELCAIMED WATER UTILIZATION, HIGH -RATE INFILTRATION, AND DEDICATED UTILIZATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Village of Bald Head Island Brunswick County FOR THE operation of a 300,000 gallon per day (GPD) reclaimed water generation, conjunctive reclaimed water utilization, high -rate infiltration, and dedicated utilization facility consisting of the: continued operation of a reclaimed water generation system consisting of a 223,000 gallon aerated flow equalization basin served by a 449 cubic feet per minute (CFM) blower; a screw type mechanical bar screen with bag compactor; three 155,000 gallon sequencing batch reactors (SBRs) served by 382 CFM blowers, three dissolved oxygen (DO) sensors, and three pH sensors; a flow meter; a 28,000 gallon post equalization/aeration basin with three submersible pumps each rated at 139 gallons per minute (GPM) and one floating aerator; four 40 horsepower (hp), and one 30 hp blower; two Aqua Disk filters each with a surface area of 215.2 square feet (ft) and a hydraulic loading rate up to 3 gallons per minute per square foot (GPM/ft'); a backwash pump station with two submersible pumps each rated at 50 GPM; an alkalinity feed system with an 18 GPM air -operated double diaphragm polypropylene pump to transfer chemical from the totes to a 500 gallon magnesium hydroxide storage tank served by two 0.4 GPM chemical metering pumps and a 2 hp mixer; an alum feed system with an 18 GPM air -operated double diaphragm polypropylene pump to transfer chemical from the totes to a 500 gallon liquid alum storage tank served by two 0.4 GPM chemical metering pumps; two duplex pumps for carbon feed source; 35 linear feet of 10- inch diameter ductile iron plant effluent recycle force main; a 336,000 gallon aerobic digester with three compartments each with a floating aerator; an ultraviolet (UV) light disinfection system with a redundant back-up system; a secondary tablet chlorine disinfection unit; an effluent pump station with two submersible pumps each rated at 556 GPM; an 8-inch magnetic flow meter; and all associated piping, valves, controls, and appurtenances; the continued operation of a conjunctive reclaimed water utilization system consisting of a 55.63 acre conjunctive utilization area (Sites C-1 and C-2); and all associated piping, valves, controls, and appurtenances; the continued operation of a 250,000 GPD dedicated reclaimed water utilization system consisting of a 46.3 acre non -conjunctive utilization area; and all associated piping, valves, controls, and appurtenances; the continued operation of a reclaimed water distribution line consisting ofapproximately 1,200 linear feet (LF) of 10-inch force main; and all associated piping, valves, controls, and appurtenances; the WQ0000193 Version 4.0 Shell Version 200201 Page 1 of 13 continued operation of the following reclaimed water storage system consisting of Pond 6; Conservation Pond; Irrigation Pond; Pond 7; and all associated piping, valves, controls, and appurtenances; the continued operation of the Timber Creek lift station consisting of. an influent pump station with two submersible pumps each rated at 700 GPM; and all associated piping, valves, controls, and appurtenances; and the continued operation of the high -rate infiltration system consisting of. Pond 4 with an area of 0.32 acres and a loading rate of 5.43 gallons per day per square foot (GPDIW); Pond 5 with an area of 1.38 acres and a loading rate of 5.43 GPDIW; and all associated piping, valves, controls, and appurtenances to serve the Village of Bald Head Island WWTP, with no discharge of wastes to surface waters, pursuant to the application received August 21, 2020, subsequent additional information received November 20, 2020, 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 May 31, 2027, shall void Permit No. WQ0000193 issued August 8, 2017, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall request renewal of this permit on Division -approved forms no later than December 2, 2026. [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 reclaimed water generation, infiltration, and utilization facilities, or cessation of conjunctive reclaimed water utilization activities. [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) 02U .0301] 5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m), 02U .0401(g)] 6. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] WQ0000193 Version 4.0 Shell Version 200201 Page 2 of 13 7. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and c. Existing underground distribution systems retrofitted for the purpose of convey reclaimed water shall be taped or otherwise identified as noted in IL7.a. and IL7.b. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. [15A NCAC 02U .0403(c)] 8. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403(d)] 9. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] 10. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 11. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(g), 02U .0403(h)] 12. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)] 13. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)] 14. 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(1), G.S. 143-215.1(k)] 15. The review boundary is midway between the compliance boundary and the high -rate infiltration areas. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L.0106(d)(1), 02L .0108] WQ0000193 Version 4.0 Shell Version 200201 Page 3 of 13 16. Reclaimed water irrigation fields permitted on or after September 1, 2006 have compliance and review boundaries established at the irrigation area boundaries. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02U .0501(a)(6), G.S. 143-215.1(1), G.S. 143-215.1(k)] 17. 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)] 18. 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] 19. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Brunswick County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 21. The facilities herein were permitted per the following setbacks: a. The infiltration sites were modified April 8, 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: 50'°2 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 ' 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 Perinittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .02190)(5)] WQ0000193 Version 4.0 Shell Version 200201 Page 4 of 13 b. The reclaimed water irrigation sites were originally permitted December 3, 2015 and August 8, 2017. The setbacks for spray irrigation sites originally permitted or modified from June 18, 2011 to August 31, 2018 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each well with exception of monitoring wells: 100 [15A NCAC 02U .0701(c)] c. The storage and treatment units not included in paragraphs d. and e. below were modified April 8, 2002. The setbacks for storage and treatment units originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 50 iii. Each well with exception of monitoring wells: 100 iv. Each property line: 501 v. Nitrification field: 20 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)] d. The alkalinity and alum feed systems were permitted November 27, 2012. The reclaimed water generation system modifications, including the four additional 40-HP blowers, carbon feed source pumps, and secondary tablet chlorine disinfection units were permitted December 3, 2015. The setbacks for storage and treatment units originally permitted or modified from June 18, 2011 to August 31, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each 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 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02U .0701(a)] e. The final effluent storage units (i.e., Ponds 6, 7, Conservancy, and Irrigation) were originally permitted December 3, 2015. The setbacks for final effluent storage units originally permitted or modified from June 18, 2011 to August 31, 2018 are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 50 in. Each well with exception of monitoring wells: 1002,3 iv. Each property line: o2,4 ' 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. WQ0000193 Version 4.0 Shell Version 200201 Page 5 of 13 2 Section 22.(c)(3) of Session Law 2013-413 allows setbacks between reclaimed water storage ponds and property lines or wells under separate ownership be waived by the adjoining property owner. A copy of the setback waiver shall be provided to the Department. 3 Section 22.(c)(3) of Session Law 2013-413 allows setbacks between reclaimed water storage ponds and wells under the same ownership as the reclaimed water storage pond may be waived by the property owner. 4 Section 22.(c)(3) of Session Law 2013-413 exempts final reclaimed water effluent storage facilities constructed prior to June 18, 2011 from having setbacks to property lines. [15A NCAC 02U .0701(b)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0700, 02U .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A description of anticipated maintenance of the system; c. Provisions for safety measures, including restriction of access to the site and equipment; and d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation, and contact information for personnel, emergency responders, and regulatory agencies; [15A NCAC 02T .0707(a), 02U .0801(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e)] 5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02U .0801(c)] 7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)] 8. Irrigation and infiltration equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0707(d), 02U .0801(d)] 9. Only effluent/reclaimed water generated from the Village of Bald Head Island WWTP shall be irrigated or infiltrated on the sites listed in Attachment B. [15A NCAC 02T .0701, 02U .0101] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation or infiltration areas, except during equipment installation or maintenance activities. [15A NCAC 02T .0707(e), 02U .0801(e)] WQ0000193 Version 4.0 Shell Version 200201 Page 6 of 13 11. The Permittee shall prohibit public access to the infiltration sites and reclaimed water generation facilities. [15A NCAC 02T .0705(p), 02U .0402(e)] 12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501(a)(2)] 13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .0708, 02T .1100, 02U .0802]. 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02T .0705(i), 02U .0402(g)] 15. Freeboard in the high -rate infiltration basins (i.e., Ponds 4 and 5), and reclaimed water storage ponds (i.e., Ponds 6, 7, Conservancy, and Irrigation) shall not be less than two feet at anytime. [15A NCAC 02T .0705(c), 02U .0401(h)] 16. Gauges to monitor water levels in the high -rate infiltration basins (i.e., Ponds 4 and 5), and reclaimed water storage ponds (i.e., Ponds 6, 7, Conservancy, and Irrigation) shall be provided (reclaimed water ponds 6 and 7 are interconnected and have the same water level, therefore, only one gauge is required for water level monitoring for these two ponds). These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0707(f), 02U .0801(f)] 17. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0707(g), 02U .0801(g)] 18. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d) 02U .0801(d)] 19. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [15A NCAC 02T .0705(k), 02U .0401(d)] 20. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)] 21. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be routed to high -rate infiltration basins until the problems associated with the reclaimed water generation system have been corrected. [15A NCAC 02U .0402(d)] 22. The infiltration areas shall be cleaned at least once per permit cycle to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained at the facility for five years, and shall be made available to the Division upon request. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified prior to each cleaning. [15A NCAC 02T .0707(h)] 23. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] WQ0000193 Version 4.0 Shell Version 200201 Page 7 of 13 24. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 25. The Permittee shall provide for the Timber Creek pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station; b. An air relief valve located at all high points along the force main; c. A screened vent for the wet well; d. Fillets located in the wet well at the intersection of the flooring and sidewalls; e. Three feet of cover (minimum over the force main or the use of ferrous material where three feet cannot be maintained; f. Sufficient devices which will protect the pump station from vandals; and g. Flood protection if the pump station is located below the 100-year flood elevation [15A NCAC 02T .0305] IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of reclaimed water distributed for conjunctive utilization and shall include the following information: a. Date reclaimed water distributed; and b. Volume of reclaimed water distributed to each conjunctive utilization site specified in Attachment B (monthly total). Monthly tracking records shall be summed and reported on Form NDMR (see Attachment A) under parameter WQO1 (Flow, Reclaimed Water Distributed). This value shall represent the total volume of reclaimed water distributed for that month. [ 15A NCAC 02T .0108(c)] WQ0000193 Version 4.0 Shell Version 200201 Page 8 of 13 6. The Permittee shall maintain records tracking the amount of reclaimed water irrigated. These records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of reclaimed water irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 7. 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)] 8. Freeboard (i.e., water level to the lowest embankment elevation) in the high -rate infiltration basins (Le., Ponds 4 and 5), and reclaimed water storage ponds (i.e., Ponds 6, 7, Conservancy, and Irrigation) shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 9. Three copies of all monitoring data (as specified in Conditions IV.3., IVA., and IV.5.) on Form NDMR for each PPI, three copies of all operation and disposal records (as specified in Conditions IV.6. and IV.8.) on Form NDAR-1 for every dedicated utilization site in Attachment B, and three copies of all operation and disposal records (as specified in Conditions IV.7. and IV.8.) on Form NDAR-2 for every infiltration site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] WQ0000193 Version 4.0 Shell Version 200201 Page 9 of 13 10. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the reclaimed water generation and dedicated utilization 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. 143-215.1 C(a)] 11. 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), 02U .0802(b)] 12. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of irrigation equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the plant and plant site; and f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.); and g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [15A NCAC 02T .0707(i), 02U .0801(h)] 13. Monitoring wells MW-I, MW-3, MW-5, MW-7, and MW-8 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figures EX1 and EX3. [15A NCAC 02T .0105(m)] 14. 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)] WQ0000193 Version 4.0 Shell Version 200201 Page 10 of 13 15. Noncompliance Notification: The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters. d. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV.10.g. but do not require Regional Office notification. e. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. f. Ponding in or runoff from the irrigation sites. g. Effluent breakout from the infiltration sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Wilmington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation, infiltration, and utilization facilities. [15A NCAC 02T .07070), 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation, infiltration, and utilization facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [I5A NCAC 02T .0707(i), 02T .07070), 02U .0801(h), 02U .0801(1)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the reclaimed water generation, infiltration, and utilization facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] WQ0000193 Version 4.0 Shell Version 200201 Page 11 of 13 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(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(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02U; 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] WQ0000193 Version 4.0 Shell Version 200201 Page 12 of 13 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. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate 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)] 11. Pursuant to the flow reduction request received November 14, 2008, and approved December 30, 2008, the Division accepts the data -based design flow rate of 237 gallons per day per residential unit (GPD/RU) for the users served by this facility. At no time shall wastewater flows exceed the limits defined in this permit, or exceed the sewer capacity downstream of any new sewer extension or service connection. The Permittee shall report the measured monthly average amount of wastewater flow contributed per unit (GPD/RU) for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved value, the Permittee shall reevaluate the approved value using the methodology applied to determine the approved flow rate of 237 GPD/RU, and submit this information with the renewal application for reevaluation of the approve flow rate. [15A NCAC 02T .0114(f)] 12. The Permittee shall retain the Division's written approval of the authorized adjusted daily design flow rate for the life of this facility, and shall transfer this approval to any future Permittee. [15A NCAC 02T .0114(f)] Permit issued this the 15"' day of February 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0000193 WQ0000193 Version 4.0 Shell Version 200201 Page 13 of 13 THIS PAGE BLANK ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— Reclaimed Water Generation System Effluent Permit Number: WQ0000193 Version: 4.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average Monthly Daily Minimum Daily Maximum Geometric Mean Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 15 2 x Week Composite 00940 Chloride (as Cl) mg/L 3 x Year' Composite 50060 Chlorine, Total Residual mg/L 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 25 2 x Week Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 300,000 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 2 x Week Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 2 x Week Composite 00620 Nitrogen, Nitrate Total (as N) mg/L 2 x Week Composite 00600 Nitrogen, Total (as N) mg/L 10 2 x Week Composite 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L 2 2 x Week Composite 70300 Solids, Total Dissolved — 180 °C mg/L 3 x Year' Composite 00530 Solids, Total Suspended mg/L 5 10 2 x Week Composite 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous Recorder 1. 3 x Year sampling shall be conducted in March, July, and November. PPI 002 — Distributed Reclaimed Water for Conjunctive Use at the Golf Course EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Parameter Description Units of Monthly Total Monthly Daily Minimum Daily Maximum Measurement Sample Code Measure Geometric Mean Frequency Type WQ01 Flow, Reclaimed Water Distributed Gallons Monthly Estimate WQ0000193 Version 4.0 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B — APPROVED DEDICATED LAND APPLICATION SITES Village of Bald Head Island — Village of Bald Head Island WWTP HIGH -RATE INFILTRATION SITES Permit Number: WQ0000193 Version: 4.0 INFILTRATION AREA INFORMATION APPLICATION LIMITATIONS Net Dominant Basin Owner County Latitude Longitude Acreage Soil Series Parameter Rate Units 4 Bald Head Island Club, Inc. / Bald Brunswick 33.860802° -77.994154° 0.32 01284 —Non-Discharge Application Rate 5.43 GPD/ftz Head Island Villas Association 1 5 Bald Head Island Club, Inc. / Bald Brunswick 33.862017° -77.992524° 1.38 01284 —Non-Discharge Application Rate 5.43 GPD/ftz Head Island Villas Association 1 Totals 1.70 1. An effluent easement and irrigation/infiltration agreement was signed between The Village of Bald Head Island, Bald Head Island Club, Inc. and Bald Head Island Villas Association and dated October 2, 2017. DEDICATED IRRIGATION SITES IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Net Dominant Hourly Yearly Field Owner County Latitude Longitude parameter Units Acreage Soil Series Rate Max NC-1 Bald Head Island Club, Inc. / Bald Brunswick 33.867386° -78.001671° 46.3 Newhan/Corolla 01284 —Non-Discharge Application Rate 0.2 91 inches Head Island Villas Association Totals 46.3 1. An effluent easement and irrigation/infiltration agreement was signed between The Village of Bald Head Island, Bald Head Island Club, Inc. and Bald Head Island Villas Association and dated October 2, 2017. CONJUNCTIVE IRRIGATION SITES Net Dominant Field Owner County Latitude Longitude Acreage Soil Series Parameter Units C-1 Bald Head Island Club, Inc. / Bald Brunswick 33.863024° -77.996123° 52.2 01284 —Non-Discharge Application Rate inches Head Island Villas Association 1 Bald Head Island Club, Inc. / Bald C-2 Head Island Villas Association Brunswick 33.860869° -77.994470° 3.43 01284 —Non-Discharge Application Rate inches Totals 55.63 1. An effluent easement and irrigation/infiltration agreement was signed between The Village of Bald Head Island, Bald Head Island Club, Inc. and Bald Head Island Villas Association and dated October 2, 2017. 2. Utilization records for Sites C-1 and C-2 are not required to be reported on Form NDAR-1. WQ0000193 Version 4.0 Attachment B Page 1 of 1 THIS PAGE BLANK ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0000193 Version: 4.0 Monitoring Wells: MW-1, MW-3, MW-5, MW-7, and MW-8 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00680 Carbon, Tot Organic (TOC) mg/L 3 x Year Grab 1,6 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 su 3 x Year Grab 1,2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1 70300 Solids, Total Dissolved - 180 °C 500 mg/L 3 x Year Grab 1 GWVOC Volatile Compounds (GW) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 1. 3 x Year monitoring shall be conducted in March, July, and November, Annual monitoring shall be conducted in November. 2. 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. 3. 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. 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 gg/L or less b. Standard Method 621 OD, PQL at 0.5 gg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 gg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 �ug/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 �ug/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 gg/L shall be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Wilmington Regional Office supervisor, telephone number (910) 796-7215, shall be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. 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. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figures EXl and EX3, and this attachment. WQ0000193 Version 4.0 Attachment C Page 1 of 1 yr-� _ - _ - � • �; . '_. _ ' -- _ rr --._q 1� � r �rr'�� '� -r it •i�-I, s Y , 1 I I ; `. ,>_�. r_ rp 7'�a_r-��-- �, `� -j , , ti:•'1C�, _:� ^��tig�"-�M1 11 F L•Y ly �'. sL^tl`,6 � Sr �.' � ''\ r '`�'i "�_, c! 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N 1 i•'" _ `,- r'_ ', _ a w } 2 T6 3D PERCENT SLOPES �!` + �' xm •� �'! •Q _,' 'd y + +1�, r r •„ L ' so / _ s" n INFILTRATION POND - 01"SAL AREA t _ --; / }, , -' ,^� 7, :� I 1 • �r rr ' i `, t , , ,e u Ex15TING RESIDENCE OR PLACE OF ASSEMBLY E - ` - ?-l.^. ti '-t•• . `ti' j_` J-- l ' �, + m ,rG •�'-r ® EXPS71NO MONITOR WELL n +T -�ii ' �T" i ! •+� 1-_ to .�,"� --- 500 FT BUFFER VILLAGE OF BALD HEAD ISLAN❑� *,Wa4&CRMD HLSAGE OF BALD HEAD NCDE4 NON -DISCHARGE SYSTEM nIro 2411kr1h ISLAND PERMIT RENEWAL E]U .h.2%0 ' B WCKCCUNTY SITE MAP - DISPOSAL AREA ter: fv+wK> wa. r [watts+-a°a� ysu�� NORTH CARDLk A AND TREATMENT FACILITY ....n,v.,.,n,.e �.. ,. 1' tio3.i5ia�', 0TT 5? 064 -- -.� i' - - �f yes[■ f Ile x 1 pAP McWF- REOM bkAwmG3/F�E�6 4.1Ryfv .M •w.r T.r "r n+o iSiwe° 39`"e�sr a.s . VLL.AOE OF BALD HEAD —_ o {5LA1� # CUNORM LSIA PILLAGE 4F BkL� HERE 15L4N15 NCDEO NO" —DISCHARGE MTEM PERMIT RENEWALBFILWYCK BOUNDARIES AREA DISPOSAL REVIEW ARE —&Him S x+q - w FC3 = w r EXPLANATION Reclaimed Water Utilization Areas Existing Golf Course Ponds Reclaimed, Non -Conjunctive L Reclaimed Water Storage Reclaimed, Conjunctive ti Existing Permitted Pond & 5-Day Upset Storage - Potable Other Pond Spray Paterns •S Private Wells Sprayheads Lots with private wells Reclaimed Water F 71 Private Wells 100-ft Buffer O Potable Water Water Supply Wells Abandoned IS To he Abandoned Golf Course Irrigation_Piping CS) Active Pipe Diameter, Inches Q Water Supply Well 100-ft Buffer 14 Irrigation Wells 12 To be Abandoned 10 Lot Lines • 8 Commercial Structure 6 Government Structure 4 ■ Multi -Family Residence 3 ■ Single Family Residence 2.5 Storm Drain Release New Force Main to Irrigation Pond Irrigation Force Main from Pond 10 — Existing 8 inch Force Main • Open Pond Connection Pipe FM Valves Topographic and 8athym4l0ric Contours I BHI Non Conjunctive 500-Ft Buffer I B H I Conjunctive 100-Ft Buffer j Eagle Resources, P.A P.O. Box 11189 NSouthport, C 26461 Village ofrot Bald Head & Bald Head club pect NR. 21072., Gaugr data oedrocommondal ons a.duded hwo,n ore pvrded os a a nw o, ofomraban and shwld notes usedfd find deagn Roly only on final. hNdoopy nwonels beednp onwlmneyen �Iygnelura eneaeal �fl• L � rs — 5 }'Y'r • �919.345.1013 ++,rlsln'�� Site Map .Approved: eGL l;kplanahm for site Map Perm tt W00000I93, Bald Head Island Hgh-Rate Infiltralio0 & Non-Cwjunc h- Revla im ed JhliZ t—System aruqlok County Ed- =.os;+s MEMORANDUM OF UNDERSTANDING VILLAS HOMEOWNERS ASSOCIATION REUSE IRRIGATION PROJECT THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into on A. : , 2017 by and among The Village of Bald Head Island, North Carolina (" illase" ), a North Carolina municipal corporation, Bald Head Island Club, Inc. ("Club"), a North Carolina corporation, and the Bald Head Island Villas Association ("Villas"), a North Carolina corporation; WITNESSETH: WHEREAS, the Village and the Club entered into an Effluent Easement and Irrigation and Infiltration Agreement dated December, 2015 (the "Easement and Irrigation Agreement'); WHEREAS, pursuant to the Easement and Irrigation Agreement, the Village utilizes certain effluent ponds on the Club property to receive effluent meeting State reuse standards for storage, infiltration to the subsurface and irrigation onto Club properties, including for the purpose of irrigation of the golf course; WHEREAS, the Villas desires to receive effluent meeting State reuse standards for irrigation of the Villas common areas from Club lagoons I, C and 7 ("irrigation Lagoons") as shown on Exhibit 1 attached hereto. WHEREAS, irrigation using reuse effluent from the Irrigation Lagoons will require the Village to modify its non -discharge Permit No. WQ-000193 (the "Permit") from the Division of Water Resources ("DWR") of the North Carolina Department of Environmental Quality ("DEQ") for the operation of the Village's wastewater and utility system and effluent management system; and WHEREAS, the irrigation of the Villas common areas with reuse effluent from the Irrigation Lagoons will require agreement among the parties hereto with respect to the Permit amendments and entry into an operating agreement among the parties for performance of the irrigat ion. NOW, THEREFORE, in consideration of the prior and ongoing discussions and negotiations among the parties, and their intent to further develop the same towards the necessary Permit amendment and agreement for the receipt and operation of reuse effluent for irrigation of the Villas common areas, and other good and valuable consideration, the parties, intending to be legally bound, agree as follows: I . Permit Amendment. The Villas has and shall continue to engage McKim & Creed engineering firm for the purposes of performing, or subcontracting the performance of, those studies, reports and other documents and actions necessary for amendment of the Permit to allow irrigation of the Villas common areas with reuse effluent. Any such amendment to the Village Permit in this regard shall beat the Village's and Club's sole discretion and approval. The Villas shall reimburse the Village and the Club for all costs, fees and expenses incurred by the Village and the Club, and their respective agents, consultants and attorneys; in connection with the evaluation, negotiation, approval, preparation, execution, application and prosecution of and for the Permit amendment relating to irrigation of the Villas common areas with reuse effluent. Reimbursement shall be made by the Villas within ten (l 0) days from receipt of an invoice setting forth the costs, fees and expenses incurred and whether or not a Permit amendment is ultimately agreed upon by the parties or issued by DWR. 2. OQerating_Agreernent. The parties will negotiate in good faith and shall explore an operating agreement, including as required by DWR, to address their respective operating responsibilities and costs of the parties in the use of reuse effluent for irrigation to the Villas common areas. The Villas shall reimburse the Village and the Club for all costs, fees and expenses incurred by the Village and the Club, and their respective agents, consultants and attorneys; in connection with the negotiation, preparation and execution of this MOU and an operating agreement. Reimbursement shall be made by the Villas within ten (10) days from receipt of an invoice setting forth the costs, fees and expenses incurred and whether or not an operating agreement is ultimately agreed upon by the parties. 3. Preliminary Discussions_ Nothing in this Agreement or the actions contemplated herein shall require any party to enter into a future agreement without such party's express, written approval and consent. 4. Third -Party_ Beneficiaries_ It is understood and agreed that there is no intent for there to be, and in fact there are not, any third -party beneficiaries of this Agreement. No third party, including property owners, shall have any right, claim or remedy under this MOU or relating to or arising from the performance or nonperformance of any obligations or duties under this MOU in contract, tort or otherwise, 5. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall, to the extent possible, be in writing and shall be (as elected by the person giving such notice) delivered personally, by e-mail, or by facsimile, or mailed by registered or certified mail (postage prepaid), return receipt requested, addressed to: If to the Village: Village of Bald Head Island Attention: Village Manager Post Office Box 3009 Bald Head Island, North Carolina 28461 Email: cmccall@villagebhi.org 2 If to the Club: Bald Head Island Club Attention: President/General Manager Post Office Box 3070 Bald Head Island, North Carolina 28461 Email: RNorton ct,bhiclub.net Ifto the Villas: Bald Head Island Villas Association Attention: Kevin Arata, Villas HOA President 582 Broyhill Road Fayetteville, North Carolina 28314 Email-, 1,varata 4i,_rnail.com 6. Regulatory Coinmunications. The Village shall promptly share all written communications received from or sent to DEQ and other governmental or regulatory agencies relating to the herein matters. 7. Termination. Notwithstanding anything to the contrary herein contained, it is understood and agreed that any party hereto may termination this MOU upon three (3) business days" notice. Notwithstanding such termination, the Villas shall remain responsible to reimburse the Village and the Club for all costs, fees and expenses referred to in Paragraphs 1 and 2 incurred prior to the termination notice and in connection with or related to the termination. 8. Assignment. This Agreement and the rights and obligations created herein may not be assigned without the written consent of the non -assigning parties. In the event of any such assignment by consent, this Agreement shall be binding upon the assignees and their successors and assigns. 9. Independent Counsel, This Agreement has been fully reviewed and considered by the Village, the Club and the Villas and is entered into advisedly and with the opportunity for representation of counsel. 10. Amendment. This MOU may be amended or modified, wholly or in part, only by express written agreement signed by the Village, the Club and the Villas. It. Choice ofLaw. This MOU shall be governed and construed in accordance with the laws of the State of North Carolina. 12. Arbitration. It is agreed that any disputes or controversies under or relating to this MOU shall be submitted to binding arbitration in accord with the North Carolina Revised Uniform Arbitration Act, Article 45C, G.S. 1-569.1, of serf. In any such arbitration, the Village expressly waives and agrees not to assert the defense of sovereign immunity to the enforceability of this MOU. 13, Parties Bound. This MOU shall he binding on, and inure to the benefit of, the Village, the Club and Villas, and their respective representatives, agents, servants, employees, independent contractors, contractors, officers, directors, managers, members, partners, joint venturers, predecessors, successors and assigns. 14. Due Authority. The persons signing this MOU on behalf of the party indicated above his/her signature represent and warrant that he/she has full authority from such party to execute and deliver this MOU. VILLAGE OF BALD HEAD ISLAND By: A slu�- J. Andrew Sayre, flay Attest: Daralyn Spiv6r, Village CIe „ . GAL Z v 4 BALD HEAD ISLAND CLUB, INC. By: Name: ` Title: st 40 BALD HEAD ISLAND VILLAS ASSOCIATION By: Name: C-y; V r /4 Title: V IA 1 ,9,914 Spa i= 5e Z &20yH1yz ye77Z7V/� � ,!� , PC Z 63 EXHIBIT 1 014 4R,`-� a 200 400 DO 1,20Q 1.5w ` Feet 13 ti- 12r s F Conservancy Pond �;• - - l ; Irrigation Isorldm ; TO Vlgage wwrP Force Male r � a + � � _ � Q4STt?IBUTfQN BOXES _ Explanation 3', Racloirned Water 'Spray Aynns' • •. a Emzting Fora Main ✓ ��..� f ,+`' 'w CET N yyii i irrigated W:1h Potable Water New Form Main � � `� � . > © j Ponds Calf Couna 1m nuon Plpft Sprinkler Fisada Wage Water Supply Vhfett. '_._ _ Reclaimed Water * Potable Water water wzil 1QO-ft Son - _ lalgation Main from Fond 10 _' - f CLG • r4 fry "_ r _ 6y andoned — - Pad Connaclfan Pipe Property Lime (CLO) � l � ,i � j 1 +: f Village of Bald EasumvW Areas, Spray Areas, aril ©isstrbti=on Boxes EXHIBIT ' tr .,.r,Yxtrir� Head Island & Eagle R•sourcm. 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