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HomeMy WebLinkAboutWQ0032756_Regional Office Historical File Pre 2018Permit Rescission Form Information to be filled out by Central Office: Fdiliiy Name: The Woods Permit Number: WQ0032756 Regional Office: Mooresville County: Union Date Rescission Requested: August 17, 2016 Permit Expiration: December 31, 2016 Received Original Request: Form of Received Request: Central Office Letter Information to be filled out by Region: Please Check Appropriately: Site Visit Performed Regional Office Signed Annual Fee Invoice Groundwater Concerns Addressed. Render Decision for Rescission of the Above Referenced Permit: Approved Denied Other Note: If approved this permit will become inactive in the SIMS database and will not be billed through the division billing system. Complete if Approved: Rescind Immediately Reason. for Approval: Maria Schutte conducted a drive by inspection on May 25th, 2016 and has since confirmed by email with Union County staffthat the sites designs have changed. The non -discharge facility was never built and the permit will no longer be needed. The MRO does not see that another site visit is necessary and approves of immediate rescission. Reason for 'Denial Signature of Certifier: Date Certified: t (0 WQ0032756 -- THE WOODS OF WEDDINGTGN EXPRESS REVIEW REVIEW MEETING THURSDAY, JULY 3 I ST ( 1:00 PM ADDITIONAL INFORMATION #1 DUE— THURSDAY, AUGUST 14" ` BY 5:00 PM ADDITIONAL INFORMATION MEETING (1) — THURSDAY, AUGUST 1 t 3:00 PM (TENTATIVE) NAME LOII VEAL RI CI I HAY S AFFILIATION PHONE FAX DWQ (919) 715-6187 (91-) 715-6048 WQ - RRO (919) 791-4241 (919) 571-4718 AIL LORLVEAL( NC:'MA11„NET R.IC HARD.D.HAYES( )NCMA[L.NET 740 ; fi4ie Michael EEasley. Governor William G, Poss. Jr., Secretary North Carolina Department, of Environment and Natural Resources Coleen Sul/ins, Director Division of Water Quality July 31, 2008 PHILIP WALTON, 1B DEVELOPMENT, LLC 13850 BAELAN-TYNE CORPORATE PLACE, SUITE 150 CHARLOTTE, NORTH CAROLINA 2827'7 Subject: .Application No. WQ0032756 Additional Information Request The Woods of Weddington Wastewater Treatment and Reclaimed Water Utilization System Union. County Dear Mr. Walton: The Central. and Regional Aquifer Protection Section's Express Reviewers have completed their review of the permit modification request that was submitted on July 17, 2008. Additional information is required before we may continue our review. Please address the following items no later than the close of business on August 14, 2008. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items may result in future requests for additional information. Please reference the subject application number when providing the requested information, Three (3) copies of all revised and/or additional documentation should be signed, sealed, dated, and submitted to the address below, One (1) copy of all revised and/or additional documentation should be signed, sealed, dated, and submitted to Rich Hayes in the Raleigh Regional Office. Please note that failure to provide this additional information on or before the above requested date will result in your application being returned as incomplete. If you have any questions regarding this request, pleasedo not hesitate to contact me at Thank you for your cooperation. Environmental Engineer II cc: Rich Hayes — Raleigh Regional Office, .Aquifer Protection Section Mary E. Pearce, PE — McKim & Creed Peggy Finley — Mooresville Regional Office Aquifer Protection Section Permit .Application File WQ0032756 919 715-6187. N.Z1-1Carolina Naturally. North Carolina Division of 'Water Quality 1636 Mail Service Center Raleigh, NC 2,7699-1636 Internet vvvywitcwaterquality.org 2728 Capital Boulevard Raleigh. NC 27604 An Equal Opportunity/Affirmative Action Employer — Reeyeled/10% Post Consumer Paper Phone (919) 71.5-0293 Customer Service FAX (9.19) 715-6048 477-623-6748 MT, Philip Walton July 31. 2008 Page 2 of 5 Fee: Upon submittal of the additional information prior to the close of business on Thursday', August 14'11, please submit a check made payable to the Department of Environment and Natural Resources in the amount. of $1,077. Failure to provide the required fee by 5:00 pm on August 14th shall result in the immediate return of the application package. Failure to provide all requested additional information items shall result in an automatic additional. information request. Application: 1.. Item VI.5. incorrectly states that design details for storage ponds A and B can be found on Sheet C5. Please correct. 2. The total volume for storage pond B gren in. cubic feet in item VI,5. is incorrect. Please revise. 3. The storage time of 51 days provided in Item V1,5, for storage pond A is not consistent with information provided on the design plans (45 Please clarify and correct as necessary, 4. The mean seasonal high water table depth values listed in Application Item VI.5 for both Storage Impoundments A and B are not consistent with what was seen during the site visit. Please revise. Water Balance: It appears that the water balance was calculated based on irrigation acreages for residential lot areas only (permit Zone I). Therefore, conceptual approval for irrigation onto cornmon areas such as Rae Road (Zone 2) and the wastewater treatment plant areas (Zone 3) will be removed from the permit. If the applicant wishes to keep conceptual approval for Zones 2 and 3 in the permit, then please revise the water balance to include these areas, 2. Provide the calculations used for the water balance, including all input values and assumptions for each soil area and irrigation pond area. Detailed Plans: General 1. Please remove the "100-ft side building setback", "300-ft front building setback.", and "100-ft rear building setback" notes from. the design plans (Sheets C2. C4 and C6). These setbacks are not related to the reclaimed water permit and therefore might cause unnecessary confusion. What is the heavy dashed line on each side of the stream on plan sheets C2, CS, C6, C8 and C9? -Does this line represent delineation of the 100-year flood elevation? If so., please label. 3. Sheets C3, C13, C14 and C26 are listed in the Index, but were not provided in the plan sheet submittal. Please address. 4. Since the configuration has changed, please provide a plan and profile detail for the UV system, including inlet and outlet piping and elevations. pr. ip Walton _ 31, 2008 age 3 of 5 Detailed Plans (Continued): 5. Per Application Instruction N. please provide detailed profile views for both storage ponds. The profile views shall show the following items at a minimum: liner details, all inlet/outlet piping and elevations, the hydraulic connection between the ponds, wa.ter surface elevations and freeboard. Please ensure that the details are consistent with all information provided in Application Item VI.5. 6. Item .W.5. states that the 100-year flood elevation is at 60.2 ft MS-1... From the grading plans (sheets C2, C8, C9) it appears that some grading associated with construction of storage pond B may occur within the 100-year floodplain. Please revise the grading sheets to clearly label the floodplain line and verify if any construction and/or grading associated with the wastewater treatment plant, storage ponds, or reclaimed water distribution system will occur within the .floodplain. If so, then documentation of compliance with any applicable local -floodplain ordinances is required in accordance with the "Floodway Regulations" in Article 21 Part 6 of Chapter 143 of the General. Statutes and 15A, NCAC 2T .0105(c)(8). Revise the plans to show the methods of restricting access to the reclaimed water treatment facility (i.e., locked -buildings) and the storage ponds (i.e., signage details such as locations and language), • Sheet G4 1. Please show the influent and effluent flow meters on Sheet G4. Sheet C2 1. Please provide documentation that the drain located 'between the two wet -weather storage ponds is non -jurisdictional. The plans show that the post construction location of this drainage feature will. be moved from its current location. 2. Revise the plan sheet to show the location of the mobile home on the north side of Basin B and indicate that it will be removed from the project site prior to operation of the facility. Sheets C5 and CS The mobile home shown on the north side of Basin B appears to be in violation of the required 100-ft setback between treatmentistorage units and habitable residences or places of public assembly under separate ownership or not to be maintained as part of the project site (15A. NCAC 02T .0506(b)). Please revise the plans to indicate that this structure is to be removed from the project site prior to operation. . Does this same mobile home have a current or abandoned well? If so„ provide its location on the plans and indicate that it will be abandoned. Sheet C9 1. The reclaimed water line from the treatment plant to the storage pond(s) appears to cross a future road corridor. Is this road corridor still owned by the applicant? Is DOT approval necessary for this crossing? if so, please provide written documentation of such. Mr. Philip Walton July 31, 2008 Page 4 of 5 Detailed Plans (Continued): 2. The reclaimed. water line from the treatment plant to the storage pond(s) is shown crossing a stream. Please provide a profile view showing how the line will cross the stream. Will a stream crossing permit be required for this activity? Note that in accordance with Condition Tl.b. of the peri-nit issued on April 28, 2008, documentation of any required U.S. Amy Corps of Engineers Nationwide 12 and. or 404 permits for all stream crossings requiring cut or fill for reclaimed water distribution lines shall be submitted to the Division prior to authorization for constructiop ofthe treatment facility or the reclaimed water utilization system. t'o• Sheet C20 I. Revise the plans to show all piping into and out of the 5-day upset tank. tse Sheet C3I 1. Amend Sheet C31to show the well that is shown on the Site Map on or near Lot 84, along with the required 100-foot setback to distribution lines, per 15A. NCAC 02T.0909(0. Sheet C37 and C46, 1. The diameters of the reclaimed water Sheets C37 and C46. Please correct, t'.• Sheet C43 1. Amend Sheet C43 to show the well that is shown on the Site Map on or near the adjacent Carter property, along with the required 100-foot setback to distribution lines, per 15A NCAC 02T.0909(i.: Sheet C45 1. The reclaimed. water distribution lines are missing from the profile views on Sheet C45. Please amend. Site Map: e. are not cor between the plan and profile views on 1. The site map provided does not show all of the required features within 500 feet of utilization areas on the southeast side and northwest side of the development. Please amend to show the locations of all wells, surface waters, property lines and habitable residences or places of public assembly within 500 feet of all treatment, storage and utilization areas. 2. Please revise the site map to remove all references to a "500-foot buffer". In order to avoid confusion with regulatory setbacks, the language may be revised to read "area of interest" or "area of investigation". Or, the line may simply be removed. 3. The property lines do not appear to line up correctly with the lot lines in some areas. Please revise. 4. There are several erroneous lines that do not appear to correspond to existing property lines or future, parcel lines. For clarity, please evaluate and remove these lines from the site map if they arc not necessary. lipllir ip Walton ,..1., 2008 i age 5 of 5 Site Map (Continued): Amend the site map to include review and compliance boundaries around the wet -weather storage ponds. The compliance boundary shall be either 250 feet away from the waste boundary, or 50 feet within the property boundary; whichever is closer to the source. The review boundary shall be half way between the compliance boundary and the waste boundary. Specifications: 1. Page 02200-9 discusses excavation of an earthen 5-day pond. Please revis Engineering Calculations: 1, The design narrative portion of the calculations (Page 2) mentions accumulation of stonnwater in the 5-day reject pond. This is no longer pertinent to the project since underground tanks will be used. Please revise. The discussion provided on Page 5 of Section 1 states that flow equalization of 25°/0 ADJ.' is provided above the minimum operating level within the M.BR tanks. However, the proposed design includes two dedicated flow equalization basins. Please revise. 3. The storage calculations for Pond A show 51 days effective storage time. This is not consistent with the design plans, which indicate 45 days of storage for Pond A. Please clarify, and revise as necessary. 4. The revised wet weather storage information (Page 1, Paragraph 1) references one wet -weather storage pond. Please revise to indicate that the new design includes two storage ponds. General: 1. The current permit, issued on April 28, 2008 provides conceptual approval for reclaimed water irrigation on 81,16 acres on residential lots and common areas across the site (Zone 1). on 8.85 acres on the future Rae Road corridor (Zone 2), and on 3.33 acres of wastewater treatment plant area and pond berms (Zone 3). Provide an updated layout for Zones 1, 2 and 3 and include an updated table for each zone, which lists irrigation acreages by soil type. The mean seasonal high water table depth values listed in Application Item VI.5 for storage ponds A and B have not been adequately determined. During the site visit, redoximorphic features indicating a water table were observed within 2 feet of the soil surface within the area of both storage ponds. Please provide a professional opinion from a Hydrogeologist regarding the depth of the water table in the entire area of both .wet -weather storage ponds. If the water table is determined to be shallow enough to impact the clay liner, then please address the following Division concerns: • How will dewatering be accomplished during construction of the pond and liner? Provide details. • Will the water table impact the integrity of the liner, especially during periods when the pond has low water depth? • How will impacts to the liner be minimized? • Will adequate storage as determined by the water balance (75 days) be available above the water table level? • Is a groundwater lowering system needed? If so, provide details for the design. Michael F. Easley, Governor Ross Jr,„ Secretary North Carolina Department of Envirmmem and Natural Resources Cotten H. Sullins, Director Division of Water Quality August :15, 2008 CERTIFIED MAIL RETURN RECEIPT UESTED PHILIP WALTON, 1B DEVELOPMENT, LLC 13850 BALLANTYNE CORPORATE PLACE, SUITE 150 CHARLO f 1E, NORTH CAROLINA 28277 Subject: Return, of Permit Application Package Application Number WQ0032756 The Woods Wastewater Treatment and Reclaimed Water Utilization System, Union County Dear Mr. Walton: This letter is in reference to your permit application received on July 17, 2008 for the modification of above -referenced wastewater team -lent and reclaimed water utilization facilities, In a letter dated July 31, 2008, the Aquifer Protection Section Express Review Program asked you to provide additional information (copy of letter attached) and a fee of $1,077 prior to 5:00 PM on Thursday, August 14, 2008, However, the additional information package and the required fee were not submitted prior to this deadline. Therefore, the Division of Water Quality must return your application as incomplete in accordance with North Carolina General Statute §143-215,,1 and the Aquifer Protection Section's Express Review Policy .(http://h2o,.enr,staie,nc.ustlaulexpressreview.html). When you have obtained the requested information that is needed to make your application package complete, you may submit a new application package and the appropriate application fee. Available Express Review Tracks are listed on the Aquifer Protection Section Express Review Program's website (litip://h2o,enr,state.nc,usl1au/expressreview,htm1), If you have any questions or comments concerning this matter, you>iiiiay contact Lori Veal at (919) 715- 6187. cc: Rich Hayes — Raleigh Regional Office, Aquifer Protection Section Peggy Finley — Mooresville Regional Office, Aquifer Protection Section Mary E. Pearce, PE — McKim & Creed Permit Application File WQ0032756 LAU Files - Returns PrFt .NoVhCarolina Aaturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone, ( 9 ! 9) 733-7015 lritemef wwwricwatc_Qr ualitv.ors Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919)733-2496 Customer Service: (877) 623-6748 An Equal Opportunity/Affirmative Action Employer- 50% .Recycled/10% Post Consumer Paper Mchal F. Easley, Govern() CI Ross Jr,, Secretary North Carolina Department of Environmem and Natural Resources Coleen H. Sullins. Director Dsion of Water Quality July 31, 2008 PHILIP \WALTON, IB DEVELOPMENT, LLC 13850 BALLANTYNE. CORPORATE PLACE, SUITE 1.50 CHARLOTTE, NORTH CAROLINA 28277 Dear Mr, Walton: 14. Subject: Application No. .WQ0032756 Additional lnform.ation Request The Woods of Weddington Wastewater Treatment and Reclaimed Water Utilization System Union County The Central and Regional Aquifer Protection Section's Express Reviewers have completed their review of the permit modification request that was submitted on July 17, 2008. Additional information is required before we may continue our review. Please address the following items no hater than the close of business on August 14, 2008. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items may result in future requests for additional information. Please reference the subject application number when providing the requested information. Three (3) copies of all revised and/or additional documentation should be signed, sealed, dated, and submitted to the address below. One (1) copy of all revised and/or additional documentation should be signed, sealed, dated, and submitted to Rich Hayes in the Raleigh Regional Office. Please note that failure to provide this additional information on or before the above requested date will result in your application being returned as incomplete. If you have any questions regarding his request, please do not hesitate to contact me at (919) 715-6-187, Thank you for your cooperation,. Sincereiy, /2 1, ori M. Veal Environmental Engineer 11 cc: Rich Hayes — Raleigh Regional Office, Aquifer Protection Section Mary E. Pearce, PE — McKim & Creed Peggy Finley — Mooresville Regional Office Aquifer Protection Section Permit Application File WQ0032756 One NorthCarol ina Naturall# North Carolina Division of Water Qua( ity 1636. Mail Service, Center Raleigh, NC 27699-1636 Phone (919) 715-0295 Customer Service Internet, tvwvencwaterquality.ore 272g Capital Boulevard Raleieli, NC 27604 FAX (919) 715-6048 1-277-623-6746 An Equal OpportunitylAffirmative Action Employer - 505 Recycled/101N Post Consumer Paper Mr, Philip Walton July 31.2008 Page 2 of 5 Fee: 1. Upon submittal of the additional info.n-nation prior to the dose of business on Thursday, August 14th„ please submit a check mad.e payable to the Department of Environment and Natural Resources in the amount of $1,077. Failure to provide the required fee by 5:00 pm on August 14th shall result in the immediate return ofthe application package. Failure to provide all requested additional information items shall result in an automatic additional in fonnation request. Application: 1. Item VI.5. incorrectly states that design details for storage ponds A and B can be found on Sheet C5. Please correct. The total volume for storage pond 9 given in cubic feet in hem VI.5. is in.correct. Please revise. 3. The storage time of 51 days provided in ltem V1.5, for storage pond A is not consistent with information provided on the design plans (45 days). Please clarify and correct as necessary. 4. The mean seasonal high water table depth values listed in Application Item VI.5 for both Storage Impoundments A and B are not consistent with what was seen during the site visit. Please revise. Water Balance: It appears that the water balance was calculated based on irrigation acreages for residential lot areas only (permit Zone 1). Therefore, conceptual approval for irrigation onto common areas such as Rae Road (Zone 2) and the wastewater treatment plant areas (Zone 3) will be removed from the permit. If the applicant wishes to keep conceptual approval for Zones 2 and 3 in the permit, then please revise the water balance to include these areas. 2, Provide the calculations used for the water balance, including all input values and assumptions for each soil area and irrigation pond area. Detailed Plans: ' General Please remove the "100-ft side building setback", "300-ft front building setback", and "100-ft rear building setback" notes from the design plans (Sheets C2„ C4 and C6). These setbacks are not related to the reclaimed. water permit. and therefore might cause unnecessary confusion. What is the heavy dashed line on each side of the stream on plan sheets C2, C5, C6, C8 and C9? Does this line represent delineation of the 100-year flood elevation? If so, please label. 3. Sheets C3, C13, C14 and C26 are listed in the Index. but were not provided in the plan submittal. Please address. 4. Since the configuration has changed, please provide a plan and profile detail for the UV system, including inlet and outlet piping and elevations, Walton , 2008 age 3 of Detailed Plans (Continued): 5. Per Application Instruction N. please provide detailed profile views for both storage ponds, The profile views shall show the following items at a minimum liner details, all inletioutlet piping and elevations, the hydraulic connection between the ponds, water surface elevations and freeboard. Please ensure that the details are consiste,nt, with all information provided in Application Item V15. 6. Item IV.5. states that the 100-year flood elevation is at 602 ft NISI. Fromthe grading plans (sheets C2. C. C9) it appears that some grading associated with construction of storage pond B may occur within the 100-year floodplain. Please revise the grading sheets to clearly label the floodplain line and verify if any construction and/or grading associated with the wastewater treatment plant, storage ponds, or reclaimed water distribution system will occur within the floodplain. If so, then documentation of compliance with any applicable local flood.plain ordinances is required in accordance with the "Floodway Regulations" in Article 21 Part 6 of Chapter 1.43 of the General Statutes and I5A NC.AC 2T .0105(c)(8). 7. Revise the plans to show the methods of restricting access to the reclaimed water treatment facility (1..e., locked 'buildings) and the storage ponds (i.e.. signage details such as locations and language). Sheet G4 . Please show' the influent and effluent flow meters on Sheet G4. Sheet C2 Please provide documentation that the drain located between the two wet -weather storage ponds is non -jurisdictional, The plans show that the post construction location of this drainage feature will be moved from its current location. 2. Revise the plan sheet to show the location of the mobile home on the north side of Basin B and indicate that it will he removed from the project site prior to operation of the facility. Sheets CS and C8 The mobile home shown on the north side of Basin B appears to be in violation of the required 100-ft: setback between treatmentlstora.ge units and habitable residences or places of public assembly under separate ownership or not to be maintained as part of the project site (15A N,CAC 02T .0506(b)). Please revise the plans to indicate that this structure is to be removed from the project site prior to operation, Does this same mobile home have a current or abandoned well? If so, provide its location on the plans and indicate that it will be abandoned. Sheet C9 . The reclaime,d, water line from the treatment plant to the storage poncl(s) appears to cross a future road corridor., Is this road corridor still owned by the applicant'? Is DOT approval necessary for this crossing? If so, please provide written documentation of such., Mr. Philip Wallop July 31. 2008 Page 4 of 5 Detailed Plans (Continued): The reclaimed water line from the treatment plant to the storage pond(s) is shown crossing a stream. Please provide a profile view showing how the line will cross the stream. Will a stream crossing permit be required for this activity? Note that in accordance with Condition is 1.b. of the permit issued on. April 28, 2008, documentation of any required U.S. Army Corps of Engineers Nationwide 12. andlor 404 permits for all stream crossings requiring cut or fill for reclaimed water distribution lines shall be submitted to the Division prior to authorization for construction of the treatment facility or the reclaimed water utilization system. Sheet C20 1. Revise the plans to show all piping into and out of the 5-day upset tank, • * Sheet C31 Amend Sheet C31 to show the well that is shown on the Site Map on or near Lot 84, along with the required 100-foot setback to distribution lines, per 15A NCAC 02T,0909(i). Sheet C37 and. C46 The diameters of the reclaimed water lines are not consistent between the plan and profile views on Sheets C37 and C46, Please correct. •:• Sheet C43 Amend Sheet C43 to show the well that is shown on the Site Map on or near the adjacent Carter property, along with the required 100-foot setback to distribution lines, per i.SA NCAC 02T.0909(i). Sheet C45 The reclaimed water distribution lines are missing from the profile ti ews on Sheet C45. Please amend. Site Map: The site map provided does not shrew al] of the required features within 500 feet of utilization areas on the southeast side and northwest side of the development. Please amend to show the locations of all wells, surface waters, property lines and habitable residences or places of public assembly' within 500 feet of all treatment, storage and utilization areas. 2. Please revise the site map to remove all references to a "500-foot buffer", In order to avoid confusion with regulatory setbacks, the language may be revised to read a investigation". Or, the line may simply be removed, of interest" or "area of The property lines do not appear to line up correctly with the lot lines in some areas, Please revise, 4. There are several erroneous lines that do not appear to correspond to existing property lines or future parcel lines. For clarity, please evaluate and remove these lines from the site map if theyr° are not. necessary, prprir alton , 2008 ge .5 of 5 Site Map (Continued): 5. Amend the site map to include review and compliance boundaries around the wet -weather storage ponds. The compliance boundary shall be either 250 feet away from the waste boundary, or 50 feet within the property boundary; whichever is closer to the source. The review boundary shall he half way between the compliance boundary and the waste boundary. Specifications.: 1. Page 02200-9 discusses excavanon of an earthen 5-day pond. Please revise. Engineering Calculations: 1, The design narrative portion of the calculations (Page 2 mentions accumulation of storrnwater in the 5-day reject pond. This is no longer pertinent to the project since underground tanks will be used. Please revise. The discussion provided on Page 5 of Section .1 states that flow equalization of 25% ADF is provided above the minimum operating level within the MBR tanks. However, the proposed design includes two dedicated flow equalization basins. Please revise. The storage calculations for Pond A show 51 days effective storage time. This is not consistent with the design plans, which indicate 45 days of storage for Pond A. Please clarify., and revise as necessary, 4. The revised wet weather storage information (Page 1., Paragraph 1) references one wet -weather storage pond. Please revise to indicate that the new design includes two storage ponds. General: 1.. The current permit, issued on April 28, 2008 provides conceptual approval for reclaimed water irrigation on 81.16. acres on residential lots and common areas across the site (Zone 1), on 8.85 acres on the future Rae Road corridor (Zone 2), and on 3.33 acres of wastewater treatment plant area and pond berms (Zone 3). Provide an updated layout for Zones 1, 2 and 3 and include an updated table for each zone, which lists irrigationacreages by soil. type. The mean seasonal high water table depth values listed in Application hem VI.5 for storage ponds A and B have not been adequately determined, During the site visit, redoximorphic features indicating a water table were observed within 2 feet of the soil surface within the area of both storage ponds. Please provide a professio-nal opinion from a Hydrogeologist regarding the depth of the water table in the entire area of both wet -weather storage ponds. If the water table is determined to be shallow enough to impact the clay liner, then please address the following Division concerns: • How will dewatering be accomplished during construction of the pond and liner? Provide details. • Will the water table impact the integrity of the liner, especially during periods when the pond has low water depth? • How will impacts to the liner be minimized? • Will adequate storage as determined by the water balance (75 days) be available above the water table level? • Is a groundwater lowering system needed? If so, provide details for the design. Michael F. Easley, Governor G Ross Jr, Secretary North Carol nDepartment of Environment and Natural Re Coleen H. Sullins, Director Division ryt: Water Quality June 26, 2008 Mr, Philip Walton, Member Manager I B Development, LLC 13850 Ballantyne Corporate Place, Suite 150 Charlotte, NC 28277 Subject: Permit No, WQ0032939 The Woods at Weddington Collection Sewer Wastewater Collection System Union County, North Carolina Dear Mr, Walton, In accordance with your complete application received on June 25. 2008, we are forwarding herewith Permit No, WQ0032939, dated June 26, 2008, to IB Development, LLC for the construction only of the subject wastewater collection system extension, This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Perrnittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 1) 15A NCAC 2T; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; 3) and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application, It shall be the Pernnittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215,6A through §143-215,6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board, 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 for the construction and operation of approximately 16,088 linear feet of 8-inch gravity sewer, approxirnately 2,020 linear feet of 4-inch force main, a 125 gallon per minute pump station (with duplex pumps, on site audible and visual high water alarms and a permanent generator MATS) and the discharge of 0 gallons per day of collected domestic wastewater into the The Woods WVVTP sewerage system in ofic rthCarol i tar Aaturally Mooresville Regional Offioe 610 East Center Ave., Suite 301 Mooresville, NC 28115 Internet www ncmwaieruality,orj Customer Service 1-877-623-6748 An Equal Opportunity:Affrmative Action Employer - 501"oRegyeler1110% Post Consumer Paper Phone: (704) 663-1699 fi'axi COI.) 663-6040 Mr WaUon Page 2 June 25 2008 conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in The Woods WWTP (WWTF Permit No. WQ0032756) prior to being distributed to the designated permitted reclaimed water utilization areas. Issuance of this construction only permit does not guarantee issuance of a permit to operate. Requests for permit modifications to place a sewer into operation are required and will be evaluated on an individual basis in the order received, Approval will be based on a review of the downstream sewer and receiving plant capacity. Construction of this permitted system is at the Permittee's own risk and the Permitee shall be held accountable per G.S. 143-215.67(a) should compliance issues arise. Please note that Condition 1.3. of the WQ0032765 Non -Conjunctive Wastewater Treatment and Reclaimed Water Utilization System permit states that the facility shall not be granted Collection System (sewer) capacity approval until such time as this wastewater treatment and reclaimed water utilization permit has been modified to allow for flow capacity. Assessing subsequent impacts to the downstream collection system and treatment facility is the complete responsibility of The Woods, The Woods must utilize whatever tracking tools necessary for planning additions of sewer flow in order to maintain compliance with the WWTP permitted limits and their collection system permit. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1508 of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Dee Browder at (704) 663-1699, Sincerely, Coleen H. Sullins cc: Mooresville Regional Office, Collection System Permit Files Robert Davis, RD Davis Consulting Engineers; PLLC Lori Veal, APS, Central Office Peggy Finley, APS, Mooresville Regional Office Surface Water Protection Central Files PERCS NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1, This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable: the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200, b. A map of the sewer system shall be developed and shall be actively maintained. An operation and maintenance plan shall be developed and implemented, d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shalt be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T .0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable, 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11 „ Noncompliance Notification: The Permittee shall verbally report to a Division of Water Quality employee at the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible, but shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur, Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until a permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. Issuance of this Construction only (No flow/0 flow) permit does not prioritize or obligate the Division to guarantee future issuance of a sewer extension permit modification. 13. Pump and haul permit requests will not be considered for this collection system permit. In accordance with 15A NCAC 2T .0204, Pump and Haul permits are not acceptable long-term domestic wastewater treatment alternatives. Delays in permitting or construction of additional capacity at the receiving VVVVTP do not constitute an environmental emergency or an unavoidable delay in construction of systems previously permitted under this Section. The decision to apply for a No Flow/0 Flow permit is the decision of the applicant and affiliated parties. The applicant should be aware that the existing VVVVTP must supply a current FTSE_10/07 Form and receive a sewer extension permit approval prior to wastewater flow becoming tributary. 14. Issuance of a Construction Only/No Flow sewer extension permit does not prioritize, or obligate the Division to issue an NPDES permit request for construction or expansion. NPDES permitting final decisions can only be made after the Division receives and evaluates a formal permit application for the proposed discharge. In accordance with the North Carolina General Statutes, the practicable wastewater treatment and disposal alternative with the least adverse impact on the environment is required to be implemented. Permit issued this the 26th day of June, 2008. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION /i/C, 7' Ibr Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit. Number W90032939 Fast Track Engineering Certification Permit No, WQ0032939 June 26, 2008 OwnerQCSWVTF Philip Walton, Member/Manager I B Development 13850 Ballantyhe Corporate Place, Suite 150 Charlotte, NC 28277 PE Robert Davis RD Davis Consulting Engineers PO Box 814 Indian Trait, NC 28079 Complete and submit this form to the permit issuing regional office with the following: Oine copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION Partial Final , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (LI periodically, 1111 weekly, El full time) the construction of The Woods at Weddington Collection System, a Union County project for the Permittee, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable: and other supporting materials, North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS MOORESVILLE REGIONAL OFFICE SURFACE WATER PROTECTION. 610 EAST CENTER AVENUE, SUITE 301 MOORESVILLE NC 28115 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. rpr' NOTI ' CAROLINA UNTY OF / Permit No, DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 Oh and entered into this day of 2-69( by and between the North Carolina Environmental Management Cornmission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and -054,0 , a corporationfgeneral partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER, WITNESSETH: The DEVELOPER is the owner of the certain lands lying in LJVie"1/ County, upon which it is erecting and wi„Il e -ect dwelling units and other imprmements, said development to be known //i/ CeD as , (hereinafter the Development), 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, andior disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3, The DEVELOPER has applied to the COMMISSION for the issuance of a permitpursuant to G,S. .143-2 5.1 to construct, maintain, and operate the Disposal Systern, 4, The DEVELOPER has created or shall create 'unit ownership in said dwellings units, other improvements and lands through filing of a Declaration. of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes, 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Enter Proposed Unit Owners' Association) ONEfit*,9761t1/ reinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit OWnership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6, The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein, NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hcretc,the COMMISSION and DEVELOPER, do hereby mutually agree as follows: The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. The DEVELOPER. shall not transfer ownership andlor control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities, In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration, 3, The DEVELOPER shall not isansfer„ convey, assign or otherwise relinquish or release its responsibility 'for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor, 4. The DEVELOPER ,shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit, for construction, operation, repair, and maintenance of the system and -facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and FOR Nit 7 DEVI 02/03 Pave 1 of 2 disposal system as a common element which will :receive the highest priority for expenditures by the ;:ss except for Federal.. State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System NV Ili be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility. and shall be part of the yearly budget. 6. In the event the common. expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. if a wastewater collection system and wastewater treatment andlor disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of th.e: Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the govern.mental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having, made adequate provision for the: continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide: in the Association Bylaws that the Association shall not enter into voluntary' dissolution without first having transferred its said system and facilities to .some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. The agreements set forth in numbered paragraphs I. 2, 3, 4,5, 6,7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be .filedat the Register of Deeds in the Counly(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MAN; ENIENT COMMISSION 4 Coleen H. Sullins, Director Division of Water Quality FORM: DEN 02103 Pace NORT LINTY OF Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-21.5.1 (d and entered into this .72- day of 2eKt_ by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and "T-13 t-7Air ce ,a corporation/general partnership reistered Iicensed 10 do business in the State of North Carolina, hereinafter known as the DEVELOPER.. WITNESSETH: The DEVELOPER is the owner of the certain lands lying ii is erecting and vs,all erect dwelling units and otheniprovernents, said de eiopme as 5 County, upon which it be known thereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal. System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G..S, 143-215,1 to construct, maintain, and operate the Disposal System, 4. The DEN/ELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. T he DEVELOPER has caused to be 'formed or will cause to be formed at the time of filing of the Declaration,. the (Enter Proposed Unit Owners' Association) 7iliE 1•14,03. pr- bithm,v7,9.,chereinafter Associationi, a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the DeY'elopment; of operating., maintaining, re -constructing and repairingthe common elements of the lands and improvements subject to unit ownership, including' the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect thequality of the walers of the State and the public interest therein, NOV', THEREFORE, in consideration of the promises and the benefits to be derived by/ each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1, The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance kvith applicable permit provisions and law. 2 The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality' has inspected and approved of the facilities, In order to change the name of the permit holder,. the DEN/ELOPER must request that the permit be reissued to the Association. The request mustinclude a copy of the Association Bylaws and Declaration, 3„ The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility, for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER/5 successor, 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto ;ire part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities, The .Declaration and Bylaws shall identify the entire NV a s te w a te r treatment, collection and MR kit- 'FWAI 0,1/11 Pa tW, 1 of '7 disposal system as a common element which will receive the highest priority/ for expenditures by the Assoc!, except for Federal. State, and local taxes and insurance_ 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Byla.ws shall provide for special assessments to cover such necessary- costs. There shall he no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time, if a wastewater collection system and ‘vastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. Recognizing that it would be contrary to the public interest and to the public health, safety and +,velfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System. the DEVELOPER shall provide in the Association. Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs I , 2, 3, 4, 5, 6, 7, and 8, above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System, I O. A copy of this agreement. shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement ,,vas executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below Name of D FOR THE ENVIRO.NMENTAL MA4LNiLNT COMMISSION tc_ Coieen H. Sullins, Director Division of Water Quality (Signature) Prin (Da mp npv (rim Pn e. '7 of Michael F. Easley, Governor Ross Jr„ Secretary .1 Resources s Director 'ate! Quality April 28, 2008 Mr. Philip Walton — Member/Ma g - 1B Development, ',LC 13850 allaotyne Corporate Place, Suite 150 Charlotte, North Carolina 28277 Dear Mr, Walton: z 9 ;99,99: DENR MRO Suiace Writer Protect Subject. Permit No. WQ0032756 The Woods Non-C(»njunctive Wastewater Treatment and Reclaimed Water 'Utilization System Union County In accordance with your permit application received IVlarch 12, 2008, and subsequent additional information received April 9, 2008 and April 15, 2008, we are forwarding herewith Permit No. WQ0032756, dated April 28, 2008. to IB Development, LLC for the construction only of the subject wastewater treatment plant and conceptual approval ofthe subject reclaimed water utilization areas. This permit shall be effective from the date of issuance until March 31, 2013, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required. operational information will result in future compliance problems. Please note that the permit currently allows zero "low froni this cility, Therefore, please pay special .attention to the following special conditions: Condition 1.1. — outlines requirements that are to be met prior to the Division authorizing construction of the reclaimed water utilization (irrigation) system. Condition 1.2, — outlines requirements that are to be met prior to the -Division authorizing operation of the wastewater treatment plant and reclaimed water utilization system. Condition 1.3, — states that the Perminee shall not be granted Collection System (sewer) capacity approval until such time as this wa.stewater treatment and reclaimed water utilization -permit has been modified to allow for flow capacity, If any parts, requiren-ients, or limitations contained in this permit are unacceptable, you have the right to request an adjudicator y hearing upon written request within 30 days following receipt of this permit* This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Adirninistrative Hearings, 6714 Mail Service Center, Raleigh, NC' 27699-6714. -Unless such demands are made this permit shall be final and binding. .Aquifer Protection Section Iiiterner ,wvaymewaterz_tplity..org 1636 Mail Service Center Raleigh, NC 27699-1636 Location: 2728 Capital Boulevard Raleigh, NC 276.04 An Equal Opportu.nitylAffirmative Action Employer— 50% Recycled/1.0'/Q Post Consumer Paper Telephone Fax I: Fax 2: Customer Service: 1,(')ni`th Carolina Naturally (919)733-3221 (9191 715-0588 69191715-6048 (877)623-6748 One set of approved plans and specifications is being forwarded n, you, If you need additional information concerning this matter, please contact Lori Veal at (919) 715-6 S7 or lori.vealCipnemail,net, cc Union Colinq Health Department Sincere Coleen H. Sullins , Dee Browder - Mooresville Regional Office, Aquife,r Protection Section Mooresville Regional ()ft:ice, Surface sAlater Protection Section Mary Pearce PE — McKim & Creed, PA Technical Assistance and Certification Unit APS Central Files LA. Files NORTH CARO LIN A ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIG H NON -CONJUNCTIVE WASTEWATER TREATMENT AND RECLAIMED WATER 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 IB Development LLC Union County FOR construction only of a 100,000 gallon per day (GPD) wastewater treatment plant consisting of: an influent flow meter, one (1) mechanically cleaned fine screen with 1/4-inch spacing and a durripster for screenings collection; an influent sampling station; two (2) 28,580 gallon aerated flow equalization basins served by two (2) 180 cubic feet per minute (CFM) blowers and a coarse bubble diffuser system; three (3) 70 gallon per minute (GPM) submersible equalization transfer pumps; a flow splitter box; a dual -train Membrane Bio-Reactor, with each train consisting of one (1) 2 millimeter (rnm) drum screen; one (1) 8,108-gallon anoxic basin with one (1) 1. horsepower (hp) submersible mixer; one (1.) 174 GPM anoxic recirculation pump; one (1) 16,850 gallon aeration basin with fine bubble diffusers served by one (1) 110 CFM blower; one (I.) 1,563 gallon membrane tank with 20 membrane modules; a 76 GPM membrane filtrate pump and a 294 GPM membrane feed pump; one (1) 128 CFM membrane air scour blower; a sodium hypochlorite chemical feed system for membrane cleaning; two (2) 34,740 gallon aerobic sludge digesters with a coarse bubble diffuser system served by three (3) 150 CFM blowers and one (1) 300 GPM sludge transfer pump; dual ultraviolet (UV) disinfection chambers set up in parallel with two lamps each; an in --line sodium b.ypochlorite metering system for chlorine residual; a 450 kW standby diesel. generator; an odor control facility; a turbidimeter; an effluent flow meter; one (1) synthetically —lined 0.5 million gallon (MG) 5-day upset pond with dual 70 GPM return pumps., one (1) 8.67 MG synthetically - lined storage pond to provide approximately 87 days of effective wet -weather storage; three (3) 420 GPM reclaimed water irrigation pumps; and conceptual approval for a 100,000 GPD reclaimed water utilization system consisting of: irrigation on approximately 81.16 acres of non -conjunctive reclaimed water irrigation area on residential lots and common areas throughout the development (Zone 1); approximately 8.85 acres of non -conjunctive reclaimed water irrigation on the future Rae Road thoroughfare (Zone 2); and approximately 3.33 acres of non -conjunctive reclaimed water irrigation on wastewater treatment plant areas and pond berms (Zone 3); to serve 812 bedrooms on approximately 200 lots, a clubhouse and swimming pool., with no discharge of wastes to the surface waters, pursuant to the application received March 12, 2008, and subsequent additional information received by the Division of Water Quality (Division), and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. WQ0032756 Version 1.0 Shell Version 070627 Page 1 of 12 This nem-lit shall be effective from the date of issuance nun March 31, 2013, and shall be subject to the following specified conditions and limitations: I. SCHEDULES This permit provides approval for construction only of the subject wastewater treatment plant, and provides conceptual approval for the general locations and loading rates of the reclaimed water utilization system. Theretbre, the permit currently allows zero flow from this facility. Prior to the Division granting authorization to construct any part(s) of the subject reclaimed water utilization system, all of the following conditions shall be met: a. Application for a permit modification to allow flow from the wastewater treatment plant shall be submitted to the Division. This application shall include submittal of complete engineering design plans, specifications, and calculations for the reclaimed water utilization (irrigation) system. If the utilization system is to be designed and constructed in phases, then each request for an increase in flow shall require the applicant to request a permit modification at that time, along with all required engineering design material for each phase. b. The Pernuttee shall obtain the required U.S. Army Corps of Engineers Nationwide 12 and/or 404 permits for all stream crossings requiring cut or fill where reclaimed water distribution lines will be installed. Once obtained, documentation of the required stream crossing permit approvals shall be submitted to the Division. c. The Perrnittee shall obtain the required Dam Safety Permit from the Division of Land Resources for the wet -weather storage pond. Documentation of the required Dam Safety permit approval shall be submitted to the Division. WQ0032756 Version 1.0 Shell Version 070627 Page 2 of 12 .44o. Prior to the Division granting authorizationto operate the subject wastewater treatment and reclaimed water utilization system. the Permittee shall abide by all of the .following conditions: a. The Permittee shall submit the final Homeowner's Association (IIOA) Declarationof -"overran s., Conditions and Restrictions to the Division for approval. b. The applicant shall submit documentation to the Division that the Reclaimed Water Easement and Irrigation Agreement has been recorded with the appropriate Register of Deeds. c. The applicant shall submit documentation of the .Permittee 's Reclaimed Water Education Program for Division approval. The Education Program shall comply with I5A. NCAC 02T ,0910, d. Prior to the Division granting the Permittee authorization to operate the subject facility, the Permittee shall abide by one of the following options: If the Developer intends to transfer permit ownership to a Homeowner's .Association (HOA) upon its formation, the Permittee shall submit: A.) A final copy of the H0A's Declaration of Covenants, Conditions and Restrictions to the Division for approval which shall clearly disclose that the Permittee is the sole financial responsible party for the treatment and utilization. (including all related operation and maintenance costs) of all reclaimed water generated 'by The Woods development. B.) A detailed HOA budget outlining the financial plan for ensuring the necessary funds for long-term operation and maintenance of the wastewater treatment plant and reclaimed water utilization system. ii If the Developer intends to transfer permit ownership to a Privately -Owned Put the Permittee shall submit: A.) A. properly executed change of ownership application (FORM: PNO .,F) located at:. http://h2o.enrstatenc.us/lau/apphcationshtml B.) A Certificate of Public Convenience and Necessity, which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the wastewater system. e. Prior to operation of any part of the reclaimed water irrigation system associated with Zone 1 (as shown on Figure 2), a soil scientist evaluation shall be completed for all in-igation areas on each residential lot or common area. This soil scientist evaluation shall be conducted once all construction, renovation, and grading activities are complete for a residential or common area. This report shall specifically address, but not be 'limited to, soil features such as soil compaction and saturated hydraulic conductivity of the least permeable layer, as well as any other properties that might impact the soil's ability to accept irrigation water. The report shall also include a Standard Soil Fertility Analysis for all parameters listed in 15A NCAC 02T .0905(b)(4). The report shall be signed and sealed by a licensed soil scientist and certify that the proposed Zone 1 irrigation areas are capable of accepting the designed hydraulic loading rates. The requested information must be received and approved in writing by the Aquifer Protection Section, prior to any irrigation of wastewater in Zone 1. Copies of the report shall be sent to the following addresses: Aquifer Protection Section, Mooresville Regional Office, 610 East Center Ave., Mooresville, NC 28115 and Aquifer Protection Section, 1628 Mail Service Center, Raleigh, NC 27699-1628. WQ0032756 'Version 1.0 Shell Version 070627 Page 3 of 12 The Perminee shal9 not be granted Collection System (sewer)capacity approval until such time as this wasteweuer treatment and reclaimed water utilization permit has been modified to allow for flow capacity . 4,. Upon completion of construction and prior to operation. of this permitted facility, a certification (see attached form) must be received from a professional engineer certifying that the permitted facility has 'beeninstalled rn accordance with this pen -nit, the approved plans and specifications, and other supporting materials including the location of all monitoring wells as applicable. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same emit, and shall rovide a final certificate of completion once the entire project has been completed, Mail the Certification to the Aquifer .Protection Section, Division of Water Quality, 1636 Mail Service Center, Raleigh, NC 27699-.1636. 5. The Mooresville Regional Office, telephone number (704) 663-1699, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the .installed facilities so that an in-pl.ace inspection can be made. Such notification to the Aquifer Protection 'Section regional supervisor shall he made during the normal office hours from 8:00 a.m., until 5:00 p.m. on Monday through Friday, excluding State Hol.idays. 6, Within 60 days of permit issuance, the three existing water supply wells within the development. property(as shown on Figure 1) shall be permanently abandoned, The Mooresville Regional Office, telephone number (704) 663-1699, shall be notified prior to well abandonment, and the appropriate documentation shall be completed and submitted based on Regional Office guidance, 7. A waste -level gauge, to monitor waste levels in the 5-day upset pond arid the wet -weather storage pond shall he installed prior to operation of the subject facilities. No later than six months prior to the expiration of this permit, the Permittee shah request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC' 02T ,01.05(d) requires an updated site map to be submitted with the permit renewal application. If the Developer transfers permit ownership to a Homeowner's Association (HOA), then the Pennittee shall submit a copy of the declarations and bylaws that documentscompliance with the attached Operational Agreement. in accordance with Rule 15A NCA.0 02T .0115, IL PERFORMANCE STANDARDS The reclaimed water utilizationfacilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters, WhiCh will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the utilization area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division of Water Quality (Division), such as the construction of additional or replacement wastewater treatment and disposal facilities. The issuance of this permit shall not relieve the Perrnittee of the responsibility for damages to ground or surface waters resulting from the operation of this facility. 3.. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Suppl-y) and any other state and local laws and regulations pertaining to well construction. 4. Effluent lireiirnitations shall not exceed those specified in Attachment A. WQ0032756 Version 1.0 Shell Version 070627 Page 4 of 12 he nrtrxinrur instantaneous loading rate fca rcclairTied irri anon areas shall not exceed 0 30 incbeslhour for any irrigation zone: The annual hydraulic loading rates for shall not exceed the following George die - ? 3,86 i t Cid/Ertnum- 12.20 n/yr Applin /CeciI/Wedowee Helena:`Vance - 16.1. in/yr Nason - 0.7 iniy ,02 m in areas containrn<g the fcrl o yin soil classifications The COMPLUiNCE and REVIEW BOUNDARIES for the reclaimed utilization areas are established at the utilization area boundaries. Any eceedance of standards at the Compliance or Review Boundary shall require action in accordance with 1 A NCAC 021, .0106. The Permitter shall apply for a permit modification prior to any sale or transl r of property that affects a compliance boundary to establish a new compliance boundary, rt accordance wrth 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall he constructed within the compliance boundary except as provided by 1 A NCAC 02L .0107(), The Director may teritiMate the easement when its purpose has been fulfilled or is no longer needed; 0. The facilities permitted herein mu t be constructed according to the folio ing setbacks: The setbacks for reclaimed utilization sites shall be as foil+ Ps {all distances Surface waters not classified SA: Surface waters classified SA: Any well with exception to monitoring wells 100 100 b. The setbacks for treatment and storage units shall be as follow (all distances in feet : r, Any habitable residence or place of public assembly under :separate ownership✓: 100 y private or public water supply source; 100 Surface waters: 50 yr well with exception of m°tutorin well 1 00 Any property line: 50 WQ0032756 2756 Version 1,0 Shell Version 070627Page 5 of 12 11. The following shall be requirements for the reclaimed water distribution, storage, and utilization a. 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. Where appropriate, such warning shall inform the public or employees to avoid contact with the water. b. 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. All reclaimed water piping and appurtenances shall be either colored purple (Le., Pantone 522) and embossed or integrally stamped or marked "CAUTION: RECLMMED WATER — DO NOT DRINK" or be installed with a purple (i„e., Pantone 522) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less. ii. identification tape shall be at least three inches wide and have white or black lettering on purple (i.e., Pantone 522) 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. c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by authorized personnel only. d. Above -ground hose bibs (i.e., spigots or other hand -operated connections) shall not be present. Hose bibs shall be located in locked below -grade vaults that shall be clearly labeled as being of non -potable quality. As an alternative to the use of locked below -grade vaults with standard hose bibs services, hose bibs, which can only be operated by a special tool or connected to a special hose connection, may be placed in non -lockable underground services boxes clearly labeled as non -potable water. 12. The Permittee shall maintain an active cross -connection control program that shall have the following !minimum requirements: a. No direct cross -connections shall be allowed between the reclaimed water and potable water systems. b. A reduced pressure principle backflow preventer, an approved air gap separation, or other device approved by the Division of Environmental Health shall be installed at the potable water service connection to the use area where both reclaimed water and potable water are supplied to a reclaimed water use area. The installation of the reduced pressure principle backflow prevention device shall allow proper testing. c. An air gap separation, approved and regularly inspected by the Permittee shall be provided between the potable water and reclaimed water systems where potable water is used to supplement a reclaimed water system. 13. Reclaimed water distribution lines shall be located 10 feet horizontally from and 18 inches below any water line where practicable. Where these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with I 5A NCAC I 8C„ 14. Reclaimed water distribution lines shall not be less than 100 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but no case shall they be less than 25 feet from a private well or 50 feet from a public well. 15. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with Rule .0305 of Subchapter 02T, WQ0032756 Version 1.0 Shell Version 070627 Page 6 of 12 16. The Operational Agreement (see attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Perminee to all sanctions provided by North Carolina General Statutes 043-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this pennit. 17. The reclaimed water utilization system shall be connected to a ram or moisture sensor that shall indicate when reclaimed water application is not appropriate in accordance with Condition 111.4. and. 111.5. of this permit. OPERATION AND MAINTENANCE REQUIREMENTS 1 The facilities shall be properly maintained and operated at all times. The facilities shall he effectivel:,,' maintained and operated as a non -discharge system to prevent the discharge of any Wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0913 including operational functions. maintenance schedules,safety measures, and a spill response plan. Upon classification of the Wastewater treatment and reclaimed utilization facilities by. the 'Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in 'responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 08G .0200. The ORC shall visit the facilities in. accordance with 15A NCAC 08G .0200 or as specified in this permit and shall comply with all other conditions specified in these rules. 3. A suitable year round vegetative cover shall be maintained in all reclaimed water irrigation areas such that crop health is optimized, allows for even distribution of effluent, and allows inspection of the reclaimed water utilization system. 4. Adequate measures shall be taken to prevent ponding or runoff from the reclaimed 'water utilization areas. 5. Reclaimed water application shall not be perfon-n.ed during inclement: weather or When the ground is in a condition that will cause ponding or runoff. 6. All reclaimed water application equipment must be tested and calibrated at least once per year. Records of the calibration must he maintained for five years. No type of wastewater other than that from The Woods shall be applied to the reclaimed water utilization areas. 8.An automatically activated standby power source shall be on site and operational at all times, and capable of powering all essential treatment. units. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source, 9. Public access to recl.aimed water utilization areas shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted within the development. 10. The residuals generated from these 'treatment facilities must be disposed utilized in accordance with 15A NCAC 02T .1100. 'The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0914. 11. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 12. Freeboard in the 5-day upset pond and wet -weather storage pond shall not be less than 2 'feet at any time. WQ00.327.56 Version 1.0 Shell Version 070627 Page 7 of 12 13. A waste -level gauge, to monitor waste levels in the ,5-day upset pond and wet -weather storage pond, shall be provided„ This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid le), el at the bottom of the temporary liquid. storage 'volume, and the lowest point on top of the dam elevauons. Caution must be taken not to damage the integrity of th.e liner when installing the gauge. 14. A protective, vegetative cover shall be established and maintained on all earthen basin enibankments (outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). berms, pipe runs, erosion control areas, and surface 'water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible, 15„ All wastewater shall be routed to the 5-day holding pond should the limit for -fecal cohform (daily maximum concentration of 25 per 100 ml) or turbidity (instantaneous maximum of 10 NTU) be exceeded, until such time that the problems associated with the treatment capability of the wastewater treatment .plant have been corrected, The wastewater in the 5-day holding pond shall be pumped back to the treatment plant for re -treatment or treated in the 5-day holding pond prior to discharge to the storage pond. 16. Fresh water ma.y be introduced into the wet -weather storage pond as supplemental irrigation water during the initial plant start up period, or during dry conditions as needed. However, no fresh water Shall be introduced into the wet -weather storage pond if the pond is at a level of 501 full or more. IV. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by the Division to ensure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. All laboratory: analyses for effluent, ground waters, or surface waters shall be made by a laboratory certified. by the Division for the required 'parameter(s) under 15A NCAC 02H .0800. 3. Flow through the treatment facility shall be continuously monitored and daily flow values shall be reported on Form NDMR, The Perrnittee shall install and maintain an appropriate flow measurement device consistent with approved engineering and scientific practices to ensure the accuracy and reliability of flow measurernent. Flow measurement devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of once per year, and maintained to ensure that. the accuracy of the measurements is consistent Yvith the accepted capability of that type of device,. The .Perrnittee shall keep records of flow measurement device calibration on file for a .period of at least three years. At a minimum, data to be included in this documentation shall be: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow. 4. The effluent from the subject facilities shall be monitored by the Perrnittee at the frequency( ) and location for the parameters specified in Attachment A. Monitoring frequencies are dependent upon flow capacity, and therefore are to be determined at such time when the permit is modified to allow flow capacity WQ0032756 Version 1.0 Shell Version 070627 Page 8 of 12 5. The Permittee tracking the amount of reclaimed water applied shall maintain adequate records., These records .shall include, but are not necessarily limited to, the following information, a, Date of reclaimed Water application, b, Volume of reclaimed water applied, c. Zone irrigated, d. Length of tirne zone is irrigated, e. Continuous ‘veekly, monthly, and year-to-date hydraulic icheslacre) loadings for each zone, I Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifica limited by this permit, for each zone, g. Weather conditions. and, 11. Maintenance of cover crops,. 5, Freeboard (i,e,, waste level to the lowest elevation. on the top of the embankment) in the 5-day upset pond and ‘vet -weather storage pond shall be recorded weekly, 6, Three copies of al] monitoring data [as specified in Conditions IV,3. and IVA,] on Form 'NDMR, for each. point prior to irrigation (PPI) and three copies of all operation arid disposal records [as specified in Conditions IV.5. and FV.6.1 on Form NDAR-1 for every utilization area 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 Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1.617 A record shall be maintained of all residuals removedfrom this facility, This record shall include the name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to accept the residuals, date the residuals were hauled, and volume of residuals removed, 8. A maintenance log shall be maintained at this facility including but not limited to the following items: a. Visual observations of the plant and plant site. b. Record of preventative maintenance (changing of filters, adjusting belt, tensions, alarm tesung, diffuser inspections and cleanings, etc.). c. Date of calibration of flow measurement device. d. Date and results of power interruption testing on alternate power supply, WQ0032756 Version 1 „O Shell Version 070627 Page 9 of 12 9. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 66:3-1699, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of „anyo the 'following: a„ Any occurrence at the ‘vastewater treatment facility which results in the treatment of significant amounts of wastes Nvhieli are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility: or any other unusual circumstances including ponding in the reclaimed utilization area or runoff from the reclaimed utilization areas, Am process unit failure, due to kriowi or uniulown reasons, that render the facilityincapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.. c. Any failure of disposal system resulting in a by-pass directly to receiving waters. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its permit limitations including, but not limited to, freeboard measurements, effluent limitations, exceedances of groundwater standards, or overloadin,‘, ofany utilization area. For any emergency that 'requires immediate reporting (e,g.., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 85870368, or (919) 7337 3300. Persons reporting such occurrences by telephone shall also file a written report in letter 'form within five (5) days following first 'knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. V. INSPECTIONS l_Adequate inspection and maintenance shall be provided by the Permittee to ensure properoperation of the subject facilities. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Peicuittee shall keep an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Perrninee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available upon request to the Division or other permitting authority. 3. Anv duly authorized officer, employee, or representative of the Division may,. upon presentation of credentials, enter and inspect any property, premises or place on or related to the disposal site or facilityat any reasonable time for the purpose of determining compliance with this pemiit: may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of groundwater, surface water, or leachate„ VL GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C, This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this peimit.„ the approved plans and specifications, and other supporting data. WQ0031756 Version 1..0 Shell Version 070627 Page 1.0 of12. 3. This permit is effective only with respect to the nature and volume otwastes described in the application and other supporting data. No variances to applicable rules governing the construction and or operation of the permitted facilities are granted unless specifically requested and granted in this permit. 4. The issuance of this permit does not exempt. the Permittee from complying with any and all statutes, rules, regulations, or ordinances. which may be imposed by other government agencies (local, state, and federal) that have jurisdiction., Of particular concern to the Division are applicable river buffer rules in 15A. NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Perrin 'NCCi010000, and any requirements pertaining to wetlands 'under 15A NCAC 02B .0200 and 021-1 .0500.. 5. In the event there is a desire for the facilities to change ownership, or there is a name change of the. Permittee, a formal permitrequest must be submitted to the Division on official Division 'forms, documentation fron-i the parties involved, and other supporting .materials as may be appropriate. The approval of this request Wi I be considered on its merits and may or may not be approved. The Permittee of record shall remain fully responsible for compliance until a perrnit is issued to the new owner, 6. 7111e Permittee shallretain a set of approved plans and specifications for the life of the facilities permitted herein. 7. The Permittee shall maintainthis permit until all permitted facilities herein are properly closed or permitted under another permit issuedby the appropriate perrnitting authority, S. The Permittee must pay the annual fee within 30 days after being billedby the Division, Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit pursuant to 15A NCAC 02T .01.05(e). Perissued this the 28th Day of April,. 2008 NORTH CA,OLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director Division of Water Quality By Authority. of the 'Environmental Management Commission Permit Number WQ0032756 WQ0032756 Version 1.0 Shell Version 070627 Page 11 of 12 Femut No, WQ0032 756 April 28, 2008 ENGINEER'S CERTIFICATION Partial Fin al I as a duly registered Professional Engineer in thir State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Project Name Location and COWity for the Permittee hereby state Iliac to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built ssithin substantial compliance and intent of this nchnit, the approved plans and specifications, and other supporting materials, Signature Registration No, Date WQ0032756 Vata11116 Shell Version 070627 Pave 12 of 12 ATTA(7-IMENT A - LIMITATIONS AND MONITORING REQITtREMENTS PPI 001 — WWTP Effluent EFFLUENT CTIARACTERISTICS )itrameter Description - PCS Code Flow, in conduit or thru treatment plant - .50050 D. 5-Day (20 Deg, C) - 00310 Solids, Total Suspended - 00530 oliform, Fecal MF, M-Et' Broth,44.5C - 316-16 (gem -I -mean) Nitrogen„Ammonia Total (as N) - 00610 Nitrogen, Nitrate Total (as N) - 00620 Nitrogen, 'Fotal (as N) - 00600 :Phosphorus, Total (as P) - 00665 'hkniue, Total Residual - 50060 Sohds, Total Dissolved - 70295 Chloride (as ( ) - 00940 Turbidity, FIC11 Turbidimeter - 00076 - 00400 .Monthly Average' 0 10 5 le 4 10 7..5 PD ing/1 mg/1 mg/1 nig/1 Permit Number: \VQ0032756 Version: EFFLUENT LIMITS MONITORING REQUIREMENTS Weekly Average Daily Maximum' 1.5 .mg/1 mg/I 00ml mg11 nig mg11 nig/1 nn 1 .3 X \ Cornposite mg./1 .3 X Year(' Composite ntti Continuous. Coin nn iq Nleasuroment Sample Frequency 'Fype Continuous Recorder TBDI Composite TBDr Composite FBI) TBD'' 'n3Di 'fBlf TBDI TRW Grab Composite oinpusoe Composite Composite' TBDf 'Monthly averages for all but fecal coliform shall be the arithmetic mean of all szunples collected during the reporting period, Monthly average. for fecal coliforin shall he the geometric mean of all samples collected during the reporting period.. 1...)aily maximum shall be the maximum value of all samples collected during the reporting period, d 3 X year sampling shall he conducted during March, July and Noveinber, '1"he effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. Measurement frequency will be based on flow, and therefore is To Be Determined (TBD) at such time when the permit is modified to allow flow capacity. Grab Grab WQ0032"756 Version 1.0 Attachment A Page 1 ATE OF NORTH CAROLINA COUNTY OF Union Permit No, V\-Q00 of OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this c Z00% , by and between the North Carolina Environmental day Management Commission, an agency of the State of North Carolina,. hereinafter known as the COMMISSION; (-\ and ,...17-7LieHe., , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Union County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as The Woods (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3 The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5, The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the The Woods Property Owner's Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair, 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: I The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable perrnit provisions and law. 2. The DEVELOPER shalt not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans. and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. FORM: DEV 06-07 Page 1 of 2 The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibi for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities, The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal. State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System. the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9, The agreements set forth in numbered paragraphs 1 , 2, 3, 4, 5„ 6,7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance. repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the A `c es of Incorporation of the Association. FORM: DEV 06M7 Pae 2 of 2 IN WITNESS'WHEREOF, representative of the parties 'OR "HE I P. Ni ,vIAN G ENT oleen H. Sullins. Director Division of Water Quality (Da lus agreement vas executed irr duplicate originals by the duly authorized aereta on the day and year written as indicated by each of the parties named beito, AL ON EB Development, LLB" Name of DEVELOPER (S attire) FORM: DEN 0 07Page of State of North Carolina Department of Environment and Natural Resources Division of Water Quality Aquifer Protection Section Express Review Program Request Form IRE C LET/K() FORM SRAL OE ELECTRONICALLY MAILED TO: tau.expressreviewantataiLnet REQUESTS FOR THE LAND APPLICATION EXPRESS REVIEW PROGRAM ARE ACCEPTED Ef,,,ECTRONICALLY ONLY WHEN PROMPTED BY THE P ' 8 PAorEctiov f2iv tgra6:. RE vizeRtx;844f F )RjyTHIS IJf c1.11 I. GENERAL INFORMATION: I.,. Applicant's name (See Instruction A):113, Deviopment, LLC Applicant wpe EJ Individual 23 Corporation General Partnership rj Municipal Federal El State Signature authority's name: Philip Walton (Ns .15A NcAC 2-r ,o roo Appkcant's mailing address: 13850 Bailautyne Corporate Placc„Suite I 5,0 City; Charlotte State. N„c3„ Zip: 282,77-_, Telephone, number. (704) 9„27-,5200 Fax number: (704) 9,27-5:298 Email Address: pH p iftep a ou nupjij1js,coiT 2, Facility nam (name l the subdivision, shopping center, etc..): The Woods:, of Weddingtort kicility's physical address; 5.34 Weddington Road_LNCL0 WV 84 ) C Wecisiingt9n. State; NC: Zip: 281.04- County: Union Wastewater Treatment Facility: Latitude: 3,5 00'33" Longitude: -8044" 23" USGS Map Name: Wedditrtpn 3„ Consulting Engineer's name; Mary F., Peacce„ License. Number: Firni Mcl<10.1 QINe(1, Engineer's mailing address: 1730 'Varsity Drive„„Suite_500 City: Raleigh State: '1\1C Zip; 27(06- 1 elephone number: (219) 23378091, Fax number: (919)233-8031, Email Address: tvearee@mckirriereed,c, 111 4, Consulting Soil Scientist's name: Mark Allen License Number:122,7Firm: Soil & Lrivironinental CousulUtrwi Soil Scientist's ai0ng address:11010 Raven Ridge Road City: Ralei.gh State: NC, Zip: 2761124-_____ Telephone number: (91 9) 846-5900 ktx. number: (919) 846.946'..7 Email Address: mallangsallec,com Consulting Geologist's name: EricLappaltt License Number 26990 Firm: Eagle „Resources 1: Privately Owned Public Utility [7] („ounty title:IvIerriberiManaa.cr Geologist's mailing, address; 4(105 Lake SoLiw Court City: Ralcioh State: NC Zip; 2761.3- Fe lephone number: (919D 145-1013 Fax number: (919) 45'3-0958 Email Address: elappalc„,q',etteeresourcelcopit 0. Consulting Agronomist's name: Wrb Rubin Firm McKim & eed. Agronomist's mailing .iddress. 1730 Varsit,, Drive„Sinte .500 City. Raleigh State: NC 37606. Telephone number: (919) 231-809, I„ Fax number: (9 I 9)113-8031 Email Address; brubin(u) ckimereed,com FORM: APSERPR, 12-07 1 of ,1 INFORMATION: t is; New statt.ts: ©ls This prof, e ation 'Pe isting Permit No.: AVQ00 system approved under 1.5A NCAC 211 .0200"' 0 Yes or ©Ncr ility currently in compliance with the permit'? [] Yes or 0 No, tr-cotttpliance: blic funds and/or Z private funds; public lands and%or El private lands, [J SF°R Wastewater Irrigatie �Other Non-Dischar ii. Volume ot`waatstewatter f ewsv fie ii. Nature of wastewater: tiro' Permit Type Non -Discharge Major Residuals Management (Section .l. P Iicarticarr 'TFYPe. ation 0 Distribution &Marketing (503i t`lreck ,all that apply: ✓ [� increase ! L Le generating facility(ie n ,0i500) © Conjuuctiv ed Water (Sec:tion .0900) Non -Conjunctive Reclaimed i\1ater (Section .090( .0700) Reclaimed Water F)istriharti 0 Closed -Loop Recycle (Seed . .i 10(1,0U gallons per day Industrial 0 Mumrlcipar Section )00 Gs01)) 0 Non•Discharne Minor( 10,000 (1I'1>1 ✓ ✓ Per_.. LI Non_Disa:har j A dd ! and applic program. a ❑ Land Mplie:atiora (i413 Distribution &Mar'ket' permitted annual dry tonnage for e.xistir esiduals kind application program, ing facility(ies) to/from those eel -City ,ith land applic Delete land application site(s) to/from those cert 5. Fee required: $,615,00 (see hate lr > air 1:y) = tt4, l aas ly ,,Ms )v(t.: 6, Project includes any stream or wetland impacts;': 0 Yes or No, 1, arnd.ertresiron If Yes, provide date when Nati{at submitted for approval: Subrnitt =ide 12 or 404 p is ..�.. .. & Approved: 7. Pro{ect disturbs mere than one acre?: Z Yes or U No, If Yes, provide date when an erosion and sedimentation control Resources or local delegated program: Submitted:lmt'�2eL It 8, Please provide a brief description specifying the orlt in caf the vv municipality, shopping center, industry, apartments, condoaraini 040I co. uals land application p rt was submitted to the Division of Land PProvcd Est 4149108, ww ter'residual (school, subdivi;sir rr, hers , le ): New subdivision FORM, AP,SFRP.R 12-07 e7 ,of 3 W. PROJECT INFORMATION: Detailed project description: Q.1-MGD non -conjunctive MBR WWTP, serving a 275-ac subdivision (-20(J,1-ac lots). Disposal of effluent will be solely via irrigation on residential lawns in accordance with the beneficial reuse criteria outlined in Rule 15A NCAC 2T,0901 and all applicable setback i1.3quireinents per Rule I 5A NCAC 2T.0.912„ Do the .facilities to be permitted via the Express Review Program require any variance from 15A NCAC 2T or I 5A NCAC 21, .0100? E] Yes or 10 No, If Yes, provide a short narrative: 3. Does this application involvethe permitting of fields/sites already permitted in another permYes or No 4. Are you are of any public concerns with the proposed project?: D Yes or No. If Yes, provide a short narrative: 5. Do any sites involved with he wastewater treatment facility have or have had groundwater standard exceedances? El Yes or E No,. If Yes, please describe: 6. Does this project utilize a groundwater lowering drainage system?EJ Yes or El No, If Yes, please answer the following questions: What is the groundwater lowering drainage system's discharge rate? gallons per day b. Where does the groundwater lowering drainage system discharge to? c. What is the name and classification of the nearest waterbody to the groundwater lowering drainage system discharge point? Ifthe receiving waterbody is classified NSW, SA, SC or is listed as an impairedwater body on the 303(d) list, explain how surface water impacts from ground -water discharges will be prevented, d. Are there any wetlands present in the vicinity, of the groundwater lowering drainage system? Li Yes or D No. If Ycs, provide date when Applicantobtained written confirmation from the Regional Office Surface Water Protection Section that operation of the groundwater lowering, drainage systein will not adversely affect any kVetlands Submitted: & Received: Provide the watershed classification for each relevant water body downstream of the wastewater treatment and disposal sites: Waterbody: Mund,s Run & Classification:C Waterbody: & Classification: Waterbody: & Ciassification: Applicant's Certification (signing authority must be in compliance 6tli I5A NCAC 2.1' .0106(b)): I, Philip Walton (signing authority's name) MemberiManager (title) attest that this express review request has been reviewed by me and is accurate and complete to the best °flirty knowledge. I understand that any incorrect, incomplete., or misleading inforination presented above may lead to this project not being accepted into the express review. program or dismissed from the program. Note: In accordance with NC General Statutes 14.3-21.5.6A and 14.3-215.6.B, 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. FORM: APSFRPR 12-07 3 of 3