Loading...
HomeMy WebLinkAboutWQ0041817_Application_20210701Permit Number WQ0041817 Program Category Non -discharge Permit Type Wastewater Pump and Haul Primary Reviewer dean. hu nkele Coastal SWRuIe Permitted Flow 350,000 Facility Facility Name Belville WWTP Location Address 9911 Chappell Loop Rd SE Belville NC 28451 Owner Owner Name Brunswick Regional Water and Sewer H2go Dates/Events Central Files: APS _ SWP _ 6/29/2021 Permit Tracking Slip Status Project Type In review Major modification Version Permit Classification C Individual Permit Contact Affiliation Major/Minor Region Minor Wilmington County Brunswick Facility Contact Affiliation Brian S. Griffith Owner Type Government - County Owner Affiliation Robert Walker PO Box 2230 Leland NC 2845122: Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective 8/13/2020 6/29/2021 RECEIVED JUN 2 5 2021 NCDEQ Brunswick Regional wan+tneroN RO Water &Sewer June 18, 2021 D Mr. Danny Smith, Director JUN 2 3 2021 Division of Water Resources 1617 Mail Service Center DIVISION OF WATER RESOURCES Raleigh, North Carolina 27699-1617 RE: H2GO Pump and Haul Renewal Application Permit No. WQ0041817 Mr. Smith, H2GO is requesting a 3-month extension of Pump and Haul Permit No. WQ0041817 to September 30, 2021. Continued pump and haul operations from the Belville WWTP (NC0075540) to a sub -basin of Brunswick County's West Brunswick Regional WWTP (WQ0023693) may be necessary to reduce average monthly flows bypassed to Brunswick County's NEWWTP (WQ0086819). Brunswick County's NEWWTP is currently under construction to expand treatment capacity from 2.475 MGD to 4.975 MGD, with completion anticipated for December 2021. Additionally, a Consent Order modifying the injunction regarding the Belville WWTP expansion to capacities up to 0.8 MGD was executed by Brunswick County and H2GO, and was approved by Brunswick County Superior Court on March 8, 2021. H2GO applied for an ATC on March 15, 2021 to expand the Belville WWTP to a permitted capacity of 0.65 MGD. On April 15, 2021, DEQ requested H2GO to submit an NPDES permit renewal application as the existing permit was set for renewal in November 2021. Upon review and issuance of the new (draft) NPDES permit, DEQ will insert a new flow sheet for 0.65 MGD discharge limits. The permit renewal application was submitted to DEQ on April 28, 2021 and the draft permit was public noticed during the week of May 24, 2021. As of May 28, 2021, the ATC application was still under review. It is H2GO's goal be operational with the expanded Belville WWTP operations in August 2021, with biological operational adjustments in place by the end of September 2021. H2GO continues to find and repair I/I sources. Our crews have started a smoke testing program in Brunswick Forest, and to -date have found and repaired a significant number of stormwater inflow sources. H2GO crews will continue with the smoke testing program throughout the summer and dry -weather months. P. 0. Box 2230 910-371-9949 (Office) Leland, NC 28451 www.H2GOonline.com 910-371-6441 (Fax) June 18, 2021 Mr. Danny Smith, Director Division of Water Resources RE: H2GO Pump and Haul Renewal Application Permit No. WQ0041817 Page two Pump and Haul operations since the beginning of January 2021 have been successful in assisting Brunswick County to maintain NEWWTP treatment operations at or below 100%, on an average monthly basis, with the exception of February. February was an extremely challenging month, but the cooperative effort between Brunswick County and H2GO proved successful. Please find attached the permit renewal application with supporting documentation. We appreciate your cooperation and assistance. If you have any questions or require additional information, please contact me Sincerely, Bob Walker Executive Director Brunswick Regional Water & Sewer H2GO Office: 910-371-9949, ext. 1006 Mobile: 910-279-4581 bwalker@H2GOonline.com State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0200— WASTEWATER PUMP AND HAUL SYSTEMS Division of Water Resources INSTRUCTIONS FOR FORM P&H 01-16 & SUPPORTING DOCUMENTATION Documents shall be prepared in accordance with 15A NCAC 02T.0100 15A NCAC 02T.0200, and Division policies. Failure to submit all required items will necessitate additional processing and review time. For more information, visit the Wastewater Branch's website or contact the Regional Office serving your county. General —This permit application applies to all pump and haul activities of wastewater under the authority of the Division on Water Resources. Permit coverage is required for the system producing the wastewater. This permit does not apply to the transport of animal waste from an animal waste management systems, not the transport of wastewater residuals or biosolids. NOTE: Pump and haul permits are not acceptable long term domestic wastewater treatment alternatives and shall only be issued in cases of environmental emergencies, nuisance conditions, health problems, or for unavoidable delays in construction of system previously permitted by the Division. The Applicant shall submit one original and one copy of the application and supporting documentation. A. Pre -submittal Contact & Cover Letter ® Contact the appropriate Regional Office prior to submittal ❑ Submit a cover letter explaining the circumstances associated with this pump and haul permit request B. Application Fee (Domestic Wastewater Only) ® Submit a check made payable to: North Carolina Department of Environmental Quality (NCDEQ) ➢ The appropriate application fee is: $810.00 for flows < 10,000 GPD and.$1,310.00 for flows > 10,000 GPD C. Wastewater Pump and Haul (FORM: P&H 01-16) Application: ® Submit the completed and appropriately executed Wastewater Pump and Haul (FORM: P&H 01-16) application. Any unauthorized content changes to this form shall result in the application package being returned. If necessary for clarity or due to space restrictions, attachments to the application may be made, as long as the attachments are numbered to correspond to the section and item to which they refer D. Receiving Facility Letter: ® Submit a letter from the owner/authority of the receiving wastewater treatment facility, as required by 15A NCAC 02T.0204 (b), stating that the pumped and hauled wastewater will be accepted and specifying the volume and type of wastewater that will be accepted. The letter should be signed by an authorized signing official in accordance with 15A NCAC 02T.0106(b) E. Contract Hauler Letter: ® Submit a letter from the hauler stating their capability and willingness to perform the pump and haul activity ® Letter shall include: Owner/Company Name, Contact Information, & Hauling Volume of Vehicle(s) F. Certifications: ® The Applicant's Certification on Page 4 of the application shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c) an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T.0106(b) ® The Professional Engineer's Certification on Page 5 of the application shall be signed, sealed and dated by a North Carolina licensed Professional Engineer (if required) G. Plans and Specifications (Required for activities that result in the Practice of Engineering per G.S. 89C-3): ❑ Submit two sets of plans and specifications (signed, sealed and dated by a N.C. Licensed Professional Engineer) ❑ Plans must include: ➢ A general location map Diagram of the components associated with the pump and haul activity (drains, piping, tanks, pumps, etc) Tank Details that indicate high water alarm Other items as required INSTRUCTIONS FOR APPLICATION P&H 01-16 Pagel of5 Industrial Pump and Haul Activities Per 15A NCAC 02T .0203(A)(2), Industrial pump and haul activities are deemed permitted provided the following criteria is met: r The facility notifies the appropriate Division regional office in writing advising of the type of operation, type and quantity of wastewater generated, location, and the receiving wastewater treatment facility. A letter from the facility accepting the wastewater (type and quantity) specifically agreeing to accept wastewater from the applicant shall be included. r The wastewater does not contain any human waste. ➢ The waste is collected and discharged into a sewer or treatment system designed and permitted to accept the type of wastewater being pumped and hauled. ➢ The pump and haul activity is not to alleviate a failing wastewater system. ➢ The Division regional office concurs in writing that the activity meets the criteria in this Rule. CONTACT THE REGIONAL OFFICE PRIOR TO INITIATING ANY INDUSTRIAL PUMP AND HAUL ACTIVITIES. SUBMITTAL OF THIS APPLICATION/DOCUMENTS AND WRITTEN APPROVAL IS STILL REQUIRED FOR INDUSTRIAL PUMP AND HAUL ACTIVITIES THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE: REGIONALOFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Cherokee, Water Quality Operations Swannanoa, North Carolina 28778 Clay, Graham, Haywood, Henderson, Jackson, (828) 296-4500 Macon, Madison, McDowell, Mitchell, Polk, (828) 299-7043 Fax Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen, Cumberland, Harnett, Hoke, Water Quality Operations Fayetteville, North Carolina 28301 Montgomery, Moore, Robeson, Richmond, (910) 433-3300 Sampson, Scotland (910)486-0707 Fax Mooresville Regional Office 610 E. Center Avenue Alexander, Cabarrus, Catawba, Cleveland, Water Quality Operations Mooresville, North Carolina 28115 Gaston, Iredell, Lincoln, Mecklenburg, Rowan, (704) 663-1699 Stanly, Union (704) 663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Franklin, Water Quality Operations Raleigh, North Carolina 27699-1628 Granville, Halifax, Johnston, Lee, Nash, (919) 791-4200 Northampton, Orange, Person, Vance, Wake, (919) 788-7159 Fax Warren, Wilson Washington Regional Office 943 Washington Square Mall Beaufort, Bettie, Camden, Chowan, Craven, Water Quality Operations Washington, North Carolina 27889 Currituck, Dare, Gates, Greene, Hertford, Hyde, (252) 946-6481 Jones, Lenoir, Martin, Pamlico, Pasquotank, (252) 975-3716 Fax Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, New Water Quality Operations Wilmington, North Carolina 28405 Hanover, Onslow, Pender (910)796-7215 (910) 350-2004 Fax Winston-Salem Regional Office 450 W. Hanes Mill Road Alamance, Alleghany, Ashe, Caswell, Davidson, Suite 300 Davie, Forsyth, Guilford, Rockingham, Randolph, Winston-Salem, North Carolina 27105 Stokes, Surry, Watauga, Wilkes, Yadkin (336)-776-9800 INSTRUCTIONS FOR APPLICATION P&H 01-16 Page 2 of 5 I. PRESUBMITTAL INFORMATION: 1. Contacted representative from regional office (Pre -submittal)?: ® Yes ❑ No 2. Contact name (For Regional Office): Dean HUnkele II. APPLICANT INFORMATION: 1. Applicant's name (Municipality, Individual, Corporation, etc): 2. Applicant type: ® Municipal ❑ State ❑ Privately -Owned Public Utility ❑ County ❑ Other: 3. Origin of Wastewater: ❑ Residential Subdivision ❑ Retail (Stores, Shopping Centers) Domestic: ❑ Apartments/Condominiums ❑ Institution Commercial ❑ Mobile Home Park ❑ Hospital Industrial: ❑ School ❑ Church Other: ❑ Restaurant ❑ Nursing Home ❑ Office ® Other (specify) 4. Signature authority's name: Bob Walker per 15A NCAC 02T .0106(b) Title: Executive Director 5. Applicant's mailing address: PO Box 2230 City: Leland State: NC Zip: 28451- 6. Applicant's contact information: Phone number: (910) 371-9949 Email: bwalkerc h2poonline com III. CONTACT/CONSULTANT INFORMATION: 1. Contact name: Barry R. Guise, P. E. Title/Affiliation: Project Engineer East Coast Engineering 2. Contact's information: Phone number: (910) 754-8029 Email: Nuise(c�i eces.biz IV. RECEIVING FACILITY INFORMATION: 100 If more than 1 facility has agreed to accept the wastewater, please list all the owners, facility names, and permit numbers as a separate attachment) 1. Owner: Brunswick County 2. Facility name: West Brunswick Regional W WTP 3. Facility permit number: W00023693 4. WWTF permit number: 5. WWTF contact name: Donald Dixon Title/Affiliation: Dewy Director 6. WWTF contact information: Phone number: (910) 253-2485 Email: donald dixon(cr�brunswickcount >� og v APPLICATION P&H 0 1- 16 Page of V. PROJECT INFORMATION: 1. Location of Project (physical address): 9911 Chappell Loop Road Approximate Coordinates (Decimal Degrees): Latitude: 34.13'No Longitude:-78.00Wo 2. Duration of Pump and Haul Request (Six Months Typical): 3 3. Has a prior permit been issued? ❑ New ® Prior Pump & Haul Permit Permit No.: WQ0041817 4. Permanent Method of Wastewater Disposal: West Brunswick WWTP 5. Date Permanent Disposal will be available: Inunediately 6. Have permits / approvals for permanent disposal been obtained? ® Yes ❑ No Permit Number: 7. Is there a Pretreatment Program in effect? ❑ Yes ® No 8. Describe any pretreatment prior to pumping and hauling: 9. Volume of Wastewater Generated: 350000 Gallons per Day 10. Explain how the wastewater flow was determined: ❑ 15A NCAC 02T .0114 or ® Representative Data If representative data, describe: Pump off Capacity at W WTP 11. Describe Tank / Container wastewater will be pumped from (attach description if necessary): Tanker Truck 12. Is Tank/ Container in place or will it be installed (attach description if necessary): Mobile Tank 13. What type of high water alarm does the container have (and/or): ® Audible and Visual ❑ Telemetry (Auto Dialer/ SCADA) VI. CERTIFICATION: Applicant's Certification: (Signature of Signing Official and Project Name) [,Bob Walker, attest that this application for Pump and Haul has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that issuance of a permit will require pump and haul facilities or activities to be inspected at least daily by me or a designated representative. Note: In accordance with North Carolina General Statutes 143- 215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application 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. Signing . IF_ Z / Date ENGINEERING DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL. ACTIVITIES SHALL BE INSPECTED AT LEAST DAILY BY THE PERMITTEE OR IT'S REPRESENTATIVE PER 15A NCAC 02T .0204(d). APPLICATION P&H 01-I6 Page 4 of 5 THE ENGINEER'S CERTIFICATION IS REQUIRED FOR ACTIVITIES THAT RESULT IN THE PRACTICE OF ENGINEERING PER G.S. 89C-3. ENGINEERING DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL. IF CERTIFICATION BY AND ENGINEER IS REQUIRED, THIS PAGE IS NOT NECESSARY. Professional Engineer's Certification: (Signature of Design Engineer and Project Name) I, Barry R. Guise ,attest that this application for Pumping and Hauling has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with all the applicable regulations. Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application 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. . Barry R. Guise, PE Professional Engineer Name East Coast Engineering, PC Engineering Firm PO Box 2469 Mailing Address Sh Sh State 2 •6 allotte 12e. NC 2f. 28459 I �� 910-754-8029 2h. 910-754-8049 2i. bguise@eces.biz Telephone Facsimile E-mail i NC PE o gjt t/ 7 031738 (a b 21 a � o0 ; R;reG °�'�� Signature & Date APPLICATION P&H 01-16 Page 5 of 5 BRUNSWICK COUNTY PUBLIC UTILITIES OPERATIONS CENTER 250 GREY WATER ROAD NE SUPPLY, NORTH CAROLINA 28462 MAILING ADDRESS TELEPHONE P. O. Box 249 (910) 253-2657 BOLIVIA, NORTH CAROLINA 28422 FAx (910)253-4305 TO: Mr. Bob Walker, Executive Director- H2GO FROM: Donald Dixon, Deputy Director -Wastewater Operations SUBJECT: Acceptance of Pump and Hauled Domestic Wastewater DATE: July 2, 2021 Brunswick County agrees to receive up to 350,000 gallons per day, at a rate not to exceed 330 gallons per minute, of domestic wastewater by pump and haul from the Belville WWTP on an intermittent basis to meet treatment demands of the H2GO system. The domestic wastewater will be accepted at the Rice's Creek sewage pump station which is tributary to the West Brunswick Regional WWTP. The receiving treatment facility for this domestic wastewater is the West Brunswick Regional WWTP (WQ0023693). This authorization will be valid through December 2021. Due to concerns voiced by Brunswick County school officials during previous pump and haul operations, we will only allow operations to be conducted outside of the hours of 7:00am to 9:00 am and 2:30 pm to 4:30 pm- Monday through Friday when school is in session. Nights, weekends and times outside of when school is in session should be coordinated with County staff to ensure adequate staffing is present at the receiving pump station. If you have any questions, please feel free to contact me at your earliest convenience. Regards, Donald Dixon Deputy Director -Wastewater Operations, BCPU June 14, 2021 State of North Carolina Department of Environmental Quality Division of Water Resources Subject: H2GO Wastewater Transport Brunswick County, NC SR &R ENVIRONMENTAL To Whom It May Concern: SR&R Environmental, Inc. has negotiated an agreement to transport wastewater as directed by their management Our Company has the capability and willingness to load, transport, and unload well over 350,000GPD with existing equipment and credentialed operators. In our 29-year history assignments such as this have been commonplace. Clients have included the likes of Duke Energy, New Hanover County, Archer Daniels Midland, and the military installations at Camp Lejeune, Cherry Point, Ft Bragg, and Marine Ocean Terminal at Sunny Point. For the record • Company Name: SR&R Environmental, Inc. • Contact Information: Richard Smith, Director, Infrastructure Services • Hauling Capacity: Nominal 6000 gal per tanker We look forward to working on this and other assignments which may be needed currently and in the future by H2GC. Respectfully, SRR&&R ENVIRONMENTAL, INC. 4, 0,X7-- William Murrell III, CHMM President and CEO WWM/JPS/me PO Box 221 Wilmington, NC 28402 Tel: 1.800.310.6757 Local : 910.763.6274 Fax: 910.763.6132 Please visit our website www.srrenviro.com for a full description of our broad corporate capabilities. STATE OF NORTH CAROItINA,,,,, - ?, IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF BRUNSWICK,,-,, FILE NO.: 09-CVS•581 BRUNSWICK COUNTY, Z ) Plaintiff ) V. ) NORTH BRUNSWICK SANITARY ) DISTRICT, now known as ) Brunswick Regional Water & Sewer ) H2GO, ) Defendant ) CONSENT ORDER MODIFYING INJUNCTION (GW) THIS CAUSE having been brought before the undersigned Superior Court Judge for approval and entry of a Consent Order modifying the injunction entered in the above action on June 7, 2010. Based on the acknowledged and consent signatures of counsel appearing below, the Court finds that Plaintiff Brunswick County ('Brunswick County") and Defendant North Brunswick Sanitary District, now known as Brunswick Regional Water & Sewer H2GO, ("Sanitary District/112GO") (Brunswick County and Sanitary District/H2GO collectively referred to herein as the 'Parties") have consented to the Court approving and entering this Consent Order. The Parties, through their respective counsel, have requested that the Court make limited findings of fact and limited conclusions of law as set forth below. BASED UPON THE AGREEMENT OF THE PARTIES AS SET FORTH IN THE FINDINGS OF FACT BELOW, THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. Brunswick County owns and operates the Northeast Brunswick Regional Wastewater Treatment System, associated regional pump stations, sewer transmission force mains, and effluent disposal facilities (together comprising the "Northeast System"), with treatment capacity of 2.475 million gallons per day ("GPD"). 2. Sanitary District/H2GO owns and operates the Chappell Loop Road wastewater treatment plant ("W WTP"), associated pump stations, sewer transmission force mains, and effluent disposal facilities (together comprising the "Belville System") in the Town of Belville, North Carolina. The Belville System's WWTP has a treatment capacity of 400,000 GPD and effluent limits established for full capacity of up to 800,000 GPD under NPDES Permit No. NC0075540 issued by the North Carolina Department of Environmental Quality ("NCDEQ"). 3. The Northeast System and the Belville System operate in combination to manage and treat public wastewater requirements in northeastern Brunswick County. 4. Brunswick County has participation agreements related to the construction and use of the Northeast System with Sanitary District/H2GO, among others. The Parties signed an agreement on or about July 26, 2001, titled "Northeast Brunswick Regional Wastewater Project Sewer Service Agreement" ("Agreement"). On or about May 7, 2012, the Parties signed an agreement titled "Amendment No. 1 Northeast Brunswick Regional Wastewater Project Sewer Service Agreement" ("Amendment No. 1"). On or about July 2, 2019, the Parties signed an "Interlocal Agreement for Funding of Northeast Wastewater System Expansion" ("Supplemental Sewer Service Agreement") (Agreement, Amendment No. 1, and Supplemental Sewer Service Agreement collectively referred to herein as the "Sewer Service Agreements"). The Sewer Service Agreements provide for sharing the cost of constructing and allocations to utilize the treatment capacity of the Northeast System. 5. On June 1, 2010, the Parties brought a dispute arising out of the Agreement before this Court. 6. On August 19, 2010, Superior Court Judge D. Jack Hooks, Jr. entered a Second Amended Order and Judgment (the "Judgment and Injunction") 2 The Judgment and Injunction enjoins Sanitary District/1-12GO from "building at Belville a new wastewater treatment plant with a capacity of greater than 400,000 gallons per day." The Judgment and Injunction provides that the Sanitary District/1-12GO may seek modification of the injunction "for any other material change in circumstances warranting modification that is not caused by any act or neglect, willful or otherwise, intentional or otherwise on the part of Sanitary District/1-12GO." 8. The Judgment and Injunction remains effective. Due to unanticipated and unprecedented population growth and chronic rainfall events, including without limitation those associated with tropical storms, in northeast Brunswick County during the 10 years since the entry of the Amended Judgment and Injunction, wastewater flows to the Northeast System are at or approaching permitted hydraulic capacity. 10. A project to increase the capacity of the Northeast System is under construction ("Northeast System Expansion"), but is not presently scheduled to be complete with operation capacity available until November 2021. 11. Beginning in June 2020, Sanitary District/1-12GO's wastewater contribution to the Northeast System has exceeded its allocated capacity in the Sewer Service Agreements, and since then Sanitary District/1-12GO, acting under a permit, has been pumping and hauling wastewater by truck to another system owned and operated by Brunswick County. 12. The Belville System was constructed with many components sized to process and treat wastewater flows over its current 400,000 GPD operating capacity. Increasing the operating capacity of the Belville System is the most expeditious and effective way to reduce flow from Sanitary District/H2GO into the Northeast System and to help manage excess wastewater. 13. If the Belville System is modified at the expense of Sanitary District/112GO to increase the operational capacity from the current 400,000 GPD up to the permitted minimum daily flow of 800,000 GPD under the NPDES Permit, Sanitary District/1-12GO can reduce its flows to and the burden on the Northeast System. 14. The Parties agree that a material change in circumstances has occurred that has not been caused by any act or neglect, willful or otherwise, intentional or otherwise on the part of Sanitary District/H2GO. 15. The Parties agree that the material change in circumstances warrants modification of the Judgment and Injunction. 16. Brunswick County consents for Sanitary District/H2GO to modify the Belville System up to a permitted hydraulic capacity of 800,000 GPD and to the modification of the Judgment and Injunction set forth in this Consent Order. 17. The Parties agree to allow Sanitary District/112GO to so modify the Belville System at the sole expense of Sanitary District/H2GO. 18. The Parties waive further findings of fact. BASED UPON THE FOREGOING FINDINGS OF FACT, THE COURT MAKES THE FOLLOWING CONCLUSIONS OF LAW: 1. This Court has jurisdiction over the Parties to and subject matter of this action. 2. A material change in circumstances — unanticipated and unprecedented population growth and chronic rainfall events in northeast Brunswick County — has occurred that has not been caused by any act or neglect, willful or otherwise, intentional or otherwise on the part of Sanitary District/H2GO. 3. The terms of the Parties' agreement as set forth in the above Findings of Fact is fair, just, and reasonable to Brunswick County and to Sanitary District/H2GO. 0 4. The Court should approve and enter the Consent Order modifying the Judgment and Injunction as specifically set forth in the above Findings of Fact. FOLLOWS: 5. The Parties waive further conclusions of law. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED AS 1. For good cause shown, and with the consent of the Parties with advice of counsel as reflected by the signatures of counsel of record below, paragraph 2 of the decretal portion of the Judgment and Injunction enjoining Sanitary District/1-12GO from building a new wastewater treatment plant in Belville, North Carolina, with a capacity greater than 400,000 GPD should be and hereby is modified to allow Sanitary District/H2GO to modify the existing Belville System WWTP up to the NPDES permitted hydraulic capacity of 800,000 GPD. 2. Sanitary District/H2GO shall modify the Belville System at the sole expense of Sanitary District/H2GO. 3. Except as modified by this Consent Order, the Judgment and Injunction shall remain in effect. 4. This Court retains jurisdiction for entry of appropriate Orders. Q This they day of March, 2021. d �� Superior Court Judge [CONSENT SIGNATURES ON NEXT PAGE] 5 CONSENTED TO BY: Robe t V. Shaver, r. �- N.C. State Bar I.D. No.: b�{g email: bob.shaver@brunswickcou�.gov County Attorney Post Office Box 249 Bolivia, NC 28422.0249 Telephone: 910.253, 2400 Facsimile: 910.253.2008 Attorney for P aintiff ,unswick County Stephen E. Coble N.C. State Bar I.D. No.: 032231 email: scobler,coblelawCirm.con, Coble Law Firm, PC Wilmington, NC 28412 Telephone: 910.791.0019 Facsimile: 910.791.0056 District Attorney for North Brunswick Sanitary District, now known as Brunswick Regional Water & Sewer H2GO Donalt J. Eglinton N.C. State Bar I.D. No.: 010314 email: die@wardandsmith.com Amy P. Wang N.C. State Bar I.D. No.: 023322 email: apw@wardandsmith.com For the firm of Ward and Smith, P.A. Post Office Box 867 New Bern, NC 28563-0867 Telephone: 252.672.5400 Facsimile: 252.672.5477 Attorneys for Defendant North Brunswick Sanitary District, now known as Brunswick Regional Water & Sewer H2GO