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HomeMy WebLinkAboutWQ0014866_Application_20220118Duplin Land Utilities, Inc, January 18, 2022 State of North Carolina Department of Environment Quality Division of Water Resources Dear Sir, Please find attached the request to renew the permit WQ4014866 for Duplin Land Utilities, Inc. for the construction and operation of the subject wastewater treatment and reclaimed water utilization system. In accordance with the renewal application: • Section 7 — Request the renewal of the PermitWQ0014865 - Signed application to renew ▪ Permit renewed March 31, 2017 • Attachment A —Site Map - map included in original permit • Section IX — Utilization Fields —see attachment IX • Attachment E—Operational Agreements Property Owners Association — River Landing Property Owners Association, Developer— Duplin Land Development Articles of Incorporation for River Landing Property Owners Association Declaration of Covenant —attached PDF • Attachment I - Schedules Sections 1-5 Not applicable as the facility has not been built Section b— (Page 2 of 12 in the Permit): Permittee shall update the need of the system At this time, Duplin Land Development, inc., developer of River Landing, has not determined if nor when the treatment system will be needed. Therefore, l would ask to retain the Permit as active for the duration of the upcoming renewal. During this time Duplin Lard Utilities, Inc. can ascertain a foreseeable construction date. If you need additional information concerning the request to renew, please do not hesitate to contact me by phone or email or Dawn Sprye at 910-285-1037; email dsprye@riverlanding.com. tl Sincerely, Jeffre,B. Turner - - Vice-President- Duplin Land Utilities, Inc. Enclosures/Attachments 910-285-1037 110 River Village Place Wallace, NC 28466-1568 DWR Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02U — RECLAIMED WATER SYSTEM — RENEWAL FORM: RWS-R 02-21 Pursuant to 15A NCAC 02T .0107(bl, if the application does not include all required information and the necessary supporting documentation, the application shall be returned. The application and attachments shall be prepared in accordance with I5A NCAC 02T .0100, 15A NCAC 02L1, and Division Policies. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and nttrlehments uploaded as a single Portable Document Format(PI)1N) file to Iittps:Jledocs.deci.ne.2o /Forms/Nimniseharge-Branch-Suhmittal-Form-Ver2, or emailed to Non-Dischurgc.Rer,urtsOncrlcnr. o% if less than 20 megabytes (MB). SECTION I — APPLICANT INFORMATION Applicant: Duplin Land Utilties, lnc 2. Permit No.: WQ0014866 . Signature authority, Jeffrey B, Turner Title: Vice President Phone number: (910) 285-1037 Office Email, jturner@murfam.com dspryea riverlanding.coni or . Mailing address: 110 River Village Place City: Wallace Skate. NC Zip: 28456-1568 . Contact person: Dawn Sprye Email: dsprye@riverlanding.eom Primary phone number: (910) 285-1037 Office Secondary phone number: ( ) - Select SECTION II --FACILITY INFORMATION 1. Physical address: 124 Clubhouse Drive County: Duplin Parcel No.:90-566 City: Wallace State: NC Zip: 28466-1568 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 34,74750D° Longitude:-77.928600° Method: Address matching SECTION 11I — FLOW INFORMATION . Permitted flow: 470000 GPD (The ma hutim allowable flow based an what has beenpermrll.d) 2. As -built flaw: 0 GPD (The maximum allowableflow based on what has been constructed) 3. Average flow 0 GPD (The average of all reportedflows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 0 % (Divide the average flow in Item 3 by the As -built flow in Item 2) Wastewater composition: Domestic : 0 % Industrial: 0 % Stormwater: 0 % SECTION IV — I31 LLING l NFORMATION Billing address: 110 River Village Place City: Wallace State: NC Zip: 28466- ] 568 Verify the Applicant does not have any overdue annual fees: hugs-Uderl.nc.govlaboutidivisionslwater-resources/water-resources-uermitshvq-epayments Pursuant to 15A NCAC 02T .OI20(c), permits for renewing facilities shall not be granted ift]re Applicant or any affiliation liar an unpaid annual fee. FORM: RWS-R 02-21 Page l of 6 1. ORC: n/a Mailing address: n/a City: n/a Phone number: ( ) Select Grade: n/a State: n/a Email: n/a Certification No.: n/a Zip: 2. Back -Up ORC: n/a Mailing address: n/a City: n/a Phone number: ( ) Select Grade: n/a Certification No.: n/a State: Email: Zip: 1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if necessary. Type Parcel No. Volume (gal) Liner Type Freeboard (ft) Latitude Longitude Select n/a Select Select n/a Select Select n/a Select Select n/a Select 1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit. Attach additional sheets if necessary. Permit Type Permit No. Relationship Type Select n/a Select Select n/a Select Select n/a Select Select n/a Select IN 1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary. Well Name Parcel No. Status Gradient Location Latitude Longitude n/a n/a Select Select Select Select Select Select Select Select Select Select Select Select 0 Select Select Select Select Select Select Select Select Select Select Select Select Select Select Select Select Select Select FORM: RWS-R 02-21 Page 2 of 6 MATTO ., 1. List all utilization fields associated with the renewing permit. Attach additional sheets if necessary. Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 1 Duplin 90-5066 Duplin Land Development 36.00 TBD 34.747500° -77928611 ° 2 Duplin 90-5066 Duplin Land Development 38.60 TBD 34.747500° -77.928611 ° 3 Duplin 90-5066 Duplin Land Development 17.50 TBD 34.747500° -77.928611° 4 Duplin 90-5066 Duplin Land Development 25.80 TBD 34.747500° -77.928611 ° o ° o ° See attachment IX o ° o ° ° o ° ° o ° o ° ° o ° ° ° o ° ° o ° ° ° o ° ° o ° o ° ° o ° o ° o ° o ° ° o ° o ° ° o ° Total Acreage: 116.8 FORM: RWS-R 02-21 Page 3 of 6 ATTACHMENT A — SITE MAP Was the facility originally permitted or had a major modification issued after September 1, 2006? ❑ Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02U .0201(d). These requirements are: ❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet ot- 25 per ent of total site relief and showing all facility -related structures and fences within 500 feet of the treatment, storage, and utilization areas. ❑ Soil snapping units shown on ail utilization sites. ❑ Delineation of the compliance and review boundaries per 15A NCAC 02U .0501(a)(6), ❑ Setbacks as required by l5A NCAC 021.1 .0701. ❑ Site property boundaries within 500 feet of all treatment, storage, and utilization sites. ® No — Skip Attachment A. ATTACHMENT B SIGN.ATURE AUTHORITY DELEGATION Does the signature authority in Section I, Item 3 rncet the requirements pursuant to 15A NCAC 021- ,0106(b)? ® Yes —Skip Attachment B. ❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0 106(c) authorizing the signature authority to sign, ATTACLIIVIENT C -- FLOW REDUCTION Does the existing permit include an approved flow reduction? ❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow contributed per unit for the l2 months prior to permit renewal. If any Of these monthly averages arc within 20% of the approved flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A NCAC 02T .01 14(f). No — Skip Attachment C. Il ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately -Owned Public Utility? ❑ Yes — Pursuant to 15A NCAC 02T .01 15(a)(1), submit the Certificate of Public Convenience and Necessity from the l•torth Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. ® No — Skip Attachment D. ATTACHMENT E — OPERATIONAL AGREEMENT Is the Applicant a HonnefProperty Owners' Association ur Developer of Lots to be Sold? ❑ Yes (Home!Propeity Owners' Association) —Pursuant to I5A NCAC 02T .01 I5(aX2), submit an executed Operational Agreement (FORM: 1 LOA). Pursuant to 15A NCAC 02T .01 15(c), if the applicant is a legally formed Homeowners' or Property Owner's Association, submit a ropy of the Articles of Incorporation, Declarations, and By-laws. Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .01 1 5(a)(2), submit an executed Operational Agreement (FORM: DFV). Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the Articles of incorporation, Declarations, and By-laws. ❑ No — Skip Attachment E, L• FORM: RWS-R 02-21 Page 4 of 6 A`r"t'ACI1MENT X.— INDUSTRIAL WASTEWATER Does the wastewater composition in Section III, Item 5 include any industrial wastewater? ❑ Yes Proceed to the next question. ® No — Skip Attachment K. I las the nature of the industrial wastewater changed since the Iasi permit issuance (i.e., changes in industrial process, introduction of new materials or chemicals, etc.)? ❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in I5A NCAC 02U .6201(g). Provide an overview oFthe manufacturing process; au inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ® No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ATTACHMENT L — SETBACK WAIVERS Does the existing permit include setback waivers? ❑ Yes — Pursuant to I SA NCAC 02 r .0701(g), provide setbacks waivers that have been written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. ® No — Skip Attachment L. APPLICANT'S CERTIFICATION attest that this application (Signature authority's name as noted in Section I, Item 3) has been reviewed by the and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. 1 further certify pursuant to I 5A NCAC 02T .0I20(h), that the applicant, or any parent, subsidiary, or other affiliate of the applicant has, not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee, Note: The Applicant's Certification shall be signed pursuant to I5A NCAC 02T .0106(b). An alternate person may be delegated as the signing official if a letter is provided pursuant to I SA NCAC 02T .0106(c). Pursuant to § 141-215.6A and § ]43-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty ofa Class 2 misdemeanor, which piny include a me not to exceed $10,000 as well as civil penalties up to $25,000 per violation, Signature: Date: t— It—ta THE COMPLETED A IC ION AND ATTACHMENTS SHALL BE SUBIVIITTED AS A SINGLE PDF FILE VIA; Ernail: r on-Discharee.Reports(utlncdenr.lov Laserfiche Upload: httns:ifedocs.cieq.nc. .n FarinsfNanDisells rec-liranch- Su hm ittal-roan-Vert FORM; RWS-R 02-21 Page 6 of 6 ATTACHMENT F— DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES Is the applicant a municipality, county, sanitary district, or public utility? ❑ Yes — Proceed to the next citiestion. ❑ No — Skip Attachment F. Does the hydraulic capacity in Section III, [tern 4 exceed 70%? ❑ Yes (the hydraulic capacity is greater than 70%, but Tess than 80%) — Pursuant to 15A NCAC 02T .01 18( I), prior to exceeding 80 percent of the systein's permitted hydraulic capacity (based an the average flow during the. last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. ❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question_ Et No — Slcs'p Attachment F. If answered Yes above, does the hydraulic capacity in Section 11I, item 4 exceed 80%? ❑ Yes (the hydraulic capacity is greater than 8O%) — Pursuant to 15A NCAC 02T .O1 18(2), prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the Last calendar year), the perinittce shall obtain all permits needed For the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. ] f expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste now reductions. ® No — Skip Attachment F. ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and utilization system? ® Yes — Skip Attachment G. ❑ No — Pursuant to ] 5A NCAC 02T .01 16(c), provide a copy of al] casements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater Collection, treatment, conveyance, and utilization system on property not owned by the Permittee, ATTACHMENT H — AFFILIATIONS Are the Permittee's affiliations of record correct? Check affiliations. • Yes — Skip Attachment H, ❑ No — Provide the corrected affiliations and their contact informatiom ATTACHMENT 1—COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit) ® Yes -- Submit documentation that the compliance schedules have been met. ❑ No — Skip Attachment I. ATTACHMENT .1—CIVIL PENALTIES AND OUTSTANDING VIOLATIONS Does the Permittee have any existing civil penalties or outstanding violations? ❑ Yes (civi E penalties) — Submit payment for the civil penalty, or proof of remission request. ❑ Yes (violations) — Submit a copy of your response to the Notice of Violation. ❑ No Skip Attachment J. FORM, RWS-R 02-21 Page 5 oFC Chap Water Resources t<N VIRCINMEN7 AL O UALLTY March 31, 2017 JEFFREY B. TURNER— VICE PRESIDENT DUPL1N LAND UTILITIES, INC. 1 l 0 RIVER VILLAGE PLACE WALLACE, NORTH CAROLINA 2S466-1568 Dear Mr. Turner: ROY COOPER Governor MICHAEL S, REGAN Seawall S. JAY ZIMMERMAN Direcror Subject Permit No. WQ0014866 River Landing WWTF Reclaimed Water Generation and Non -Conjunctive Reclaimed Water Utilization System Duplin County In accordance with your permit application renewal request received October 3, 2016, and subsequent additional information received January 3, 2017, we are forwarding herewith Permit No. WQ0014866 dated March 31, 2017, to Duplin Land Utilities, Inc. for the construction and operation of the subject wastewater treatment and reclaimed water utilization system. This permit shall be effective from the date of issuance until February 28, 2022, shall void Permit No. WQ0014866 issued October 5, 2007, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have beenremoved since the last permit issuance dated October 5, 2007: • Old Condition I.4. — This condition is inherently covered under Condition 1.1. • Old Condition 1I.3. — This condition is not applicable because there are no groundwater monitoring wells associated with this permit. > Old Condition 11,15. — The condition has been removed. > Old Condition I11.15. This condition has been removed. > Old Condition V.1. — This condition has been removed. > Oid Condition V.2. — This condition has been removed. • -- "NothIng Compares — State of North Carolina 1 Environmental Quality I Water Rnours I Water Quality rermittiltg I rlon-I}ischargc Penuitting 1617 t4 it Service Criner I Raleigh, North Carolina27649-1617 919-807-6332 Mr. Jeffrey B. Turner March 31, 2017 Page 2 of 3 ➢ Old Condition V.3. — This condition is inherently covered under Condition W.1. Please note the following permit conditions are new since the last permit issuance dated October 5, 2007: > Condition II.6. — Indicates the Operational Agreement is incorporated into this permit as a Permit Condition. > Condition 11.8. — Indicates no direct cross connections are allowed between reclaimed water and potable water systems. > Condition II.15. — States the requirements for landowners who are not the Permittee and own land within the Compliance Boundary. > Condition III.2. — Expands the requirements for an Operation and Maintenance Plan. ➢ Condition III.4. — Requires that an operator be on call 24 hours per day. > Condition III.9. — States requirements for testing and calibration of the turbidimeter. > Condition III.11. — States requirements for an automatically activated standby power source. > Condition III.12. — Prohibits public access to the reclaimed water generation facilities and the five day upset pond. > Condition III.18. — States the requirements to develop and implement an educational program to inform users (including employees) about the proper use of reclaimed water. ➢ Condition III.19. — States requirements to provide notification to employees and the public about reclaimed water. > Condition IV.12. — Indicates requirements for an annual report to be filed. > Condition VI.8. — Indicates the authority given the Director to revoke or unilaterally modify a permit. ➢ Condition VI.9. — States conditions under which expansion of the facilities shall not be allowed. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. Mr. Jeffrey B. Turner March 31, 2017 Page3 af 3 If you need additional information concerningthis pennit, please contact David Schlobohan at (919) 807-8364 or david.schlobohmj ,nedenr. ov. Sincerely, d_S. Say Zimmerman, P.G., Director Division of Water Resources cc' Duplin County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION AND NON -CONJUNCTIVE 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 Duplin Land Utilities, Inc. Duplin County FOR THE construction and operation of a 470,000 gallon per day (GPD) reclaimed water generation and non - conjunctive reclaimed water utilization system consisting of the: construction and operation of a 250,000 GPD Phase I reclaimed water generation system consisting of: an influent flow splitter box (Phase I only); a manually cleaned bar screen; a 64,700 gallon aerated equalization basin with two 200 gallon per minute (GPM) pumps and served by a 260 cubic foot per minute (CFM) blower; two 194,000 gallon extended aeration basins with coarse bubble diffusers, and served by three 1,000 CFM aeration blowers; two 34,200 gallon circular clarifiers with scum baffles; an 8,000 gallon primary disinfection tank with a chlorine treatment system; four 43.5 square foot (ft2) tertiary filters served by a a 174 CFM filter blower; a 14,000 gallon mudwell; a 13,050 gallon clearwell; a 7,800 gallon secondary disinfection tank with an ultraviolet (UV) disinfection system; a 5,300 gallon effluent pump tank with two 435 GPM pumps, and audible/visual alarms; a 64,700 gallon aerated sludge holding tank; an onsite emergency generator with an automatic transfer switch; a UV disinfection automatic sampler; a turbidimeter; a flow meter; and all associated piping, valves, controls, and appurtenances; the construction and operation of a 250,000 GPD Phase II reclaimed water generation system consisting of: approximately 7,500 linear feet (LF) of 6-inch force main connecting to the existing pump station and 6- inch force main to transfer wastewater to the Phase II treatment system; a manually cleaned bar screen; a 64,700 gallon aerated equalization basin with two 200 gallon per minute (GPM) pumps and served by a 260 cubic foot per minute (CFM) blower; two 194,000 gallon extended aeration basins with coarse bubble diffusers, and served by three 1,000 CFM aeration blowers; two 34,200 gallon circular clarifiers with scum baffles; an 8,000 gallon primary disinfection tank with a chlorine treatment system; four 43.5 square foot (ft2) tertiary filters served by a a 174 CFM filter blower; a 14,000 gallon mudwell; a 13,050 gallon clearwell; a 7,800 gallon secondary disinfection tank with an ultraviolet (UV) disinfection system; a 5,300 gallon effluent pump tank with two 435 GPM pumps, and audible/visual alarms; a 64,700 gallon aerated sludge holding tank; an onsite emergency generator with an automatic transfer switch; a UV disinfection automatic sampler; a turbidimeter; a flow meter; and all associated piping, valves, controls, and appurtenances; and the WQ0014866 Version 4.0 Shell Version 151201 Page 1 of 12 construction and operation of a 470,000 GPD non -conjunctive reclaimed water utilization system consisting of: a 2.35 million gallon (MG) lined five day upset pond; a 13 MG effluent storage pond; approximately 14,500 LF of 12-inch force main to discharge at the existing irrigation pump station; approximately 116.8 acres of spray irrigation area on the River Landing Golf Course; and all associated piping, valves, controls, and appurtenances to serve 1,236 three bedroom homes and a clubhouse at the River Landing Development and Golf Course with no discharge of wastes to the surface waters, pursuant to the application received October 3, 2016, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 28, 2022, shall void Permit No. WQ0014866 issued October 5, 2007, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. Upon completion of construction and prior to operation of the reclaimed water generation and utilization facilities, a certification (attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the permitted facility has been installed in accordance with this permit, Division approved plans and specifications, and other supporting documentation, including the location of all monitoring wells as applicable. If this project is to be completed in phases and partially certified, the Permittee shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Division of Water Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0116] 2. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the newly installed facilities such that an in -place inspection can be made. Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(2)] 3. Gauges to monitor reclaimed water levels in the 2.35 million gallon (MG) lined five day upset pond and the 13 MG effluent storage pond shall be installed prior to operation. Caution shall be taken not to damage the integrity of the liner (if present) when installing the gauges. [15A NCAC 02T .0108(b)(2)] 4. Upon completion of construction and prior to operation of this permitted facility, field identification must be redone (each Hole with each soil type, for example, Hole #2 contains two different soil types, therefore, there are 2 areas that should be identified as Field 2A and 2B). An updated map with soil mapping units and the new acreage for each field must also be submitted to the Division of Water Resources, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. [15A NCAC 02T .0108(b)(2)] 5. Upon completion of construction and prior to operation of this permitted facility, the permittee shall submit three copies of the 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 or three copies of a letter from the NC Utilities Commission's Public Staff that states that an application for a franchise has been received, that the service area is contiguous to an existing franchised area, and/or that franchise approval is expected. The required documents shall be submitted to the Division of Water Resources, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. [15A NCAC 02T .0108(b)(2)] 6. If Phase I is not constructed and certified prior to February 28, 2022, the Permittee shall update the Division on the need of the system. [15A NCAC 02T .0108(b)(2)] WQ0014866 Version 4.0 Shell Version 151201 Page 2 of 12 7. No later than six months prior to the expiration of this permit, the Permittee shall 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 renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02U .0106, 02U .0109] II. PERFORMANCE STANDARDS 1. The subject reclaimed water facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the utilization areas to adequately assimilate the reclaimed water, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement reclaimed water generation and utilization facilities. [G.S. 143-215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100] 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 in accordance with 15A NCAC 02T .0400. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 02T .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 groundwater or surface water standards. b. A map of the sewer system shall be developed and actively maintained. c. An operation and maintenance plan shall be developed, implemented and maintained. d. Pump stations not connected to a telemetry system shall be inspected every day (i.e., 365 days per year). Pump stations connected to a telemetry system shall be inspected at least once per week. e. High -priority sewers shall be inspected at least once every six months. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the Wilmington Regional Office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required per North Carolina General Statute § 143-215.1 C. h. A grease control program shall be developed, implemented and maintained. i. Right-of-ways and easements shall be maintained. j. Inspection and maintenance records for Conditions II.3.a. through II.3.i. shall be maintained for a period of at least three years, except for Conditions II.3.b. and II.3.c., which shall be maintained for the life of the system. [15A NCAC 02T .0403] 4. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A. [15A NCAC 02U .0300] 5. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g), 02U .0402(m)] WQ0014866 Version 4.0 Shell Version 151201 Page 3 of 12 6. The Operational Agreement (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 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. [15A NCAC 02T .0115] 7. The following shall be requirements for the reclaimed water distribution, storage and utilization facilities: a. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the public or employees that reclaimed water is not intended for drinking. Where appropriate, such warning shall inform the public or employees to avoid contact with reclaimed 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. i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone 522) and embossed or integrally stamped or marked "CAUTION: RECLAIMED 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 reclaimed water pipelines in a visible manner, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe. iii. Existing underground distribution systems retrofitted for the purpose of distributing reclaimed water shall be taped or otherwise identified as noted above. This identification need not extend the entire length of the distribution system, but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. 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. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non - potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs which can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403] 8. No direct cross -connections shall be allowed between reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 9. Reclaimed water distribution lines shall be located at least 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 15A NCAC 18C. [15A NCAC 02U .0403(h)] 10. 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 in no case shall they be less than 25 feet from a private well or 50 feet from a public well. [15A NCAC 02U .0403(i)] 11. Reclaimed water distribution lines shall be located at least two feet horizontally from and 18 inches above any sewer line where practicable. Where these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(j)] WQ0014866 Version 4.0 Shell Version 151201 Page 4 of 12 12. The compliance and review boundaries are established at the property boundary. Any exceedance of standards at the compliance or review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02H .0219(k)(1)(C)(i)(III)] 13. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 14. No wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107(d)] 15. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Duplin County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 16. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for reclaimed utilization sites shall be as follows (all distances in feet): i. Surface waters not classified SA: 25 ii. Surface waters classified SA: 100 iii. Any well with exception to monitoring wells: 100 b. The setbacks for treatment units shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Any private or public water supply source: 100 iii. Surface waters: 50 iv. Any well with exception of monitoring wells: 100 v. Any property line: 50 c. The setbacks for final effluent storage units shall be as follows (all distances in feet): i. Any private or public water supply source: 100 ii. Surface waters: 50 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 50 [15ANCAC 02U .0701] WQ0014866 Version 4.0 Shell Version 151201 Page 5 of 12 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The reclaimed water generation and utilization facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a reclaimed water system to prevent the discharge of any reclaimed water or partially treated effluent resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)] 2. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include the following: a. Description of the system in sufficient detail to show what operations are necessary for the system to function and by whom the functions will be conducted; b. A map of all distribution lines and record drawings of all utilization systems under the Permittee's control; c. Description of anticipated maintenance activities; d. Include provisions for safety measures including restriction of access to sites and equipment; and e. Spill control provisions including response to upsets and bypasses including control, containment, remediation, and contact information for plant personnel, emergency responders and regulatory agencies. [15A NCAC 02U .0801] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with I5A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02U .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e), 02U .0402(i)] 5. A suitable year round vegetative cover shall be maintained on irrigation sites at all times, such that crop health is optimized, allows for even distribution of reclaimed water, and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 6. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation sites. [15A NCAC 02T .0108(b)(1)] 7. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 8. All reclaimed water irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] 9. The turbidimeter shall be tested and calibrated at a minimum of once per year. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [I5A NCAC 02T .0108(b)(1)] 10. Only reclaimed water generated at the River Landing WWTF shall be utilized in accordance with this permit. [G.S. 143-215.1] WQ0014866 Version 4.0 Shell Version 151201 Page 6 of 12 11. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [15A NCAC 02U .0402(h)] 12. Public access to the reclaimed water generation facilities and the 2.35 million gallon (MG) lined five day upset pond shall be prohibited. [15A NCAC 02U .0402(f)] 13. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0108(b)(1)] 14. Freeboard in the 2.35 million gallon (MG) lined five day upset pond and the 13 MG effluent storage pond shall not be less than two feet at any time. [15A NCAC 02T .0108(b)(1)] 15. Gauges to monitor reclaimed water levels in the 2.35 million gallon (MG) lined five day upset pond and the 13 MG effluent storage pond shall be provided. These gauges shall have readily visible permanent markings at inch or tenth of a foot increments. [15A NCAC 02T .0108(b)(1)] 16. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., 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 dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] 17. All effluent shall be routed to the five day upset storage pond should the limit for fecal coliform (e.g., daily maximum concentration of 25 colonies per 100 mL) or turbidity (e.g., instantaneous maximum of 10 NTU) be exceeded, until the problems associated with the wastewater treatment plant have been corrected. The wastewater in the five day upset pond shall be pumped back to the treatment plant headworks for re -treatment or treated in the five day upset pond prior to utilization. [15A NCAC 02U .0402(e)] 18. The Permittee shall develop and implement an education program to inform users (including employees) about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 19. The Permittee shall provide notification to the public and/or employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501] 20. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02U .0802. [15A NCAC 02T .1100, 02U .0802] WQ0014866 Version 4.0 Shell Version 151201 Page 7 of 12 IV. MONITORING AND REPORTING REQUIRMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the reclaimed water generating facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent frorn true flow. [15A NCAC 02T .0105(k)] 4. The Permittee shall monitor the reclaimed water from the generating facility at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of reclaimed water utilized. Records shall be maintained for a minimum of five years. At a minimum, these records shall include the following information for each utilization site listed in Attachment B: a. Date of reclaimed water utilization; b. Volume of reclaimed water irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Weather conditions; and g. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., reclaimed water level to the lowest embankment elevation) in the 2.35 million gallon (MG) lined five day upset pond and the 13 MG effluent storage pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. An annual soils test shall be completed on the excessively drained soils (Alpin, Field #4) for Total Phosphorus. The analysis shall be conducted in March and submitted to the Division of Water Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0108(b)(1)] WQ0014866 Version 4.0 Shell Version 151201 Page 8 of 12 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0108(c)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Visual observations of treatment plant and plant site; b. Date of calibration of flow measurement device(s); c. Date of calibration of turbidimeter; d. Date and results of power interruption testing on alternate power supply; e. Record of preventative maintenance (e.g., changing/adjusting of equipment, pump and valve maintenance, cross connection control, testing, inspections and cleanings, etc.; and f. Record of all unpermitted releases of reclaimed water to surface water or land surface including date of occurrence, estimated volume of release, cause, and corrective action taken. [15A NCAC 02T .0108(b)(1)] 10. Three copies of all effluent monitoring data and reclaimed water distribution data (as specified in Conditions IV.3. and IV.4.) shall be submitted on Form NDMR for each PPI listed in Attachment A. Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed water distribution activities occurred during the monitoring month, monitoring reports documenting the absence of the activity are still required to be submitted. All effluent monitoring data shall be submitted to the following address: Division of Water Resources, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617. [15A NCAC 02T .0105(1)] 11. Three copies of all operation and utilization records (as specified in Conditions IV.5. and IV.6.) shall be submitted on Form NDAR-1 for every non -conjunctive utilization site listed in Attachment B. Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed water utilization activities occurred during the month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617. [15ANCAC 02T .0105(1)] 12. Pursuant to § 143-215.1 C., the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the wastewater treatment and utilization facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. [15A NCAC 02U .1401(f)] WQ0014866 Version 4.0 Shell Version 151201 Page 9 of 12 13. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, 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 any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV.9.f. but do not require Regional Office notification. d. Any time self -monitoring indicates the facilities permitted herein have gone out of compliance with the limitations contained in this permit. e. Ponding in or runoff from the reclaimed water utilization sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the reclaimed water generation and utilization facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the reclaimed water generation and utilization facilities to prevent malfunction, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the reclaimed water generation and utilization facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-215.1] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] WQ0014866 Version 4.0 Shell Version 151201 Page 10 of 12 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(rt). [G.S. 142-215.1] 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 jurisdictional government agencies (e.g., local, state, and federal). 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 Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02I-I .0500; National Pollutant Discharge Elimination System (NPDES) requirements under 15A NCAC 021-1.0140, and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] 5. In the event the permitted facilities change ownership or the Permittee changes their name, a written permit modification request shall be submitted to the Division. This request shall be trade an official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02'f .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. u15A NCAC 02T ,0105(j)] 8, This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in who l e or part for the requirements listed in 15A NCAC 02T .0110. [15A NCAC 02T .01101 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not he granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(h). [15A NCAC 02T .0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit, 115A NCAC 02T .0105(e)(3)] Permit issued this the 31' day of March 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Jar Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0014816 WQ0014865 Version 4.0 Shell Version 151201 Page 11 of 12 Permit No. WQ0014866 Duplin Land Utilities, Inc. River Landing WWTF ❑ Partial ❑ Final Reclaimed Water Generation and Non -Conjunctive Reclaimed Water Utilization System March 31, 2017 Duplin County ENGINEERING CERTIFICATION In accordance with 15A NCAC 02T .0116, I, , as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization to n periodically ❑ weekly n fully observe the construction of the permitted facility, hereby state to the best of my abilities that due care and diligence was used in the observation of the construction, such that the facility was built within substantial compliance and intent of this permit, the Division approved plans and specifications, and other supporting documentation. n Any variation to this permit, the Division approved plans and specifications, and other supporting documentation has been documented in the attached as -built drawings, and shall serve as the Permittee's minor modification request to amend the permit accordingly. Provide a brief narrative description of any variations: Professional Engineer's Name Engineering Firm Mailing Address City State Zip Telephone E-mail NC PE Seal, Signature & Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 By Courier/Special Deliveiy: 512 N. SALISBURY STREET RALEIGH, NORTH CAROLINA 27604 WQ0014866 Version 4.0 Shell Version 151201 Page 12 of 12 00 1-1 Permit Number: a 0 0 0 a PPI 001— Reclaimed Water Generation System Effluent MONITORING REQUIREMENTS 4) o. RI VD Composite Grab Grab Recorder Composite Composite Composite Composite Grab Composite Composite 10 Continuous Recorder Measurement Frequency 2 x Month 5 x Week 2 x Month Continuous 2 x Month 2xMonth 2 x Month 2xMonth 5 x Week 2 x Month 2 x Month EFFLUENT LIMITS Daily Maximum 15 25 Daily Minimum Monthly Geometric Mean 14 Monthly Average 10 250,000 1 470,000 2 Units of Measure GPD su EFFLUENT CHARACTERISTICS Parameter Description BOD, 5-Day (20 °C) Chlorine, Total Residual Coliform, Fecal MF, M-FC Broth, 44.5 °C Flow, in Conduit or thru Treatment Plant Nitrogen, Ammonia Total (as N) [Nitrogen, Kjeldahl, Total (as N) Nitrogen, Nitrate Total (as N) Nitrogen, Total (as N) Sat Phosphorus, Total (as P) Solids, Total Suspended Turbidity, HCH Turbidimeter CA y C.)o Q+ U 00310 50060 31616 50050 O 0 00625 00620 00600 00400 00665 00530 00076 (Ni Attachment A WQ0014866 Version 4.0 017 uotsnA 998t7100bM q lu 0 urqoullY )U4IV' a a EWd SIHZ Version: 4.0 Permit Number: D WATER USES APPLICATION SITES a H O U 0 z Duplin Land Utilities, Inc. — River Landing APPLICATION LIMITATIONS Units inches inches inches inches cL, <° 46.80 c4 83.20 og o 0.15 0.15 0.15 5 s. 01284 — Non -Discharge Application Rate 01284 — Non -Discharge Application Rate 01284 —Non-Discharge Application Rate 01284 — Non -Discharge Application Rate IRRIGATION AREA INFORMATION Dominant Soil Series Torhunta MOJSUQ Pactolus 0 d 36.0 Ica el M co V1 co N co H Longitude -77.928611° -77.928611° oy o ti VD 00 N o\ N rn N N Latitude 34.747500° 34.747500° 34.747500° 34.747500° County .5 .5 .5 .5 0 0 0 0 Q Q Q Owner 1 Duplin Land Development, Inc. d o g Duplin Land Development, Inc. Duplin Land Development, Inc. 0 73 6> .b g a o 0 Q 7.) N M 34 45 Totals N 0 E 0 0 v o4 vi o fl O b0 cn o y N 'O 0 O N ~ 0 b 0 a • • a D Q t ." ti O • G so. 0A W R7 • -.IC • o on 1.4 0>� 5>Qo voa b • gib Attachment B WQ0014866 Version 4.0 313G/2017 34'44'51.0'9V 77'5543.0"W - Google Maps Go gic. Maps 34°44'51.O"N 77'55'43.0"W imagery ca 2017 Google, Map data ©2017 Go ogle 200 ft 34'44151.0"N 7T55'43.01W 34.747500, -77.928600 https:rlwww,gaggle.enmhnapsfplaeef34. C29 $cm' 51.0%22N+77%.C7 11056'43.0%22WIL234.7475.-77.9307887.753m/data=l3m211e3t41)114m513m411sOx0:04 1/1 STATE OF NORTH CAROLINA COUNTY OF l� 1 l of Permit No. WO 00 6 ( OPERATIONAL AGREEMENT sr This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this f day /9,941Q20 (7' , by and between the North Carolina Environmental Management Commission, an agency of the Slate of North Carolina, hereinafter known as the COMMISSION; and U.-pt lin Wild ' v i r a corporation/general partnership registeredf1icensed to do business in the Slate of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying inP I JTh County,upon which 't is erecting and will erect dwelling units and other improvements, said development to be known as $ 1(i' Caa ) Y (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 famed at the time of�lof the Declaration, the (Unit Owners Assoctationy' I5f-•( r i k eremalter L Association), a nonprofit corporation organized and existing Trader 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, reconstructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Dispoaol System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. G, 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 patties 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 with 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 Resources 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 ethic 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's successor. FORM: DEV 01-15 Page 1 ef 2 4. The DEVELOPER. shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto arc 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 he 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 arc 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 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 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. 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. 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 Articles of Incorporation of the Association. IN WITLESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the patties hereto en the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION S. Jay Zimmerman, Director Division of Water Resources ,3,411.7 Dame of DEVELOP R B (S ignat `elf— YIQ td?i Print Name and Title N.L,3 (Date) FORM: DEV 01-15 (Date) ?age 2 of 2 i3rt 110[s- A 998171006Ah 0' a' G a �g�crg P � G .-t ti h ;t n g •r s .g rnt Rc Q so er g Co 0_ O SR • •3111 5uamdolan213 peel ujjdnQ�o 45 Totals + w 1, ry G. IRRIGATION AREA INFORMATION Dupliu Land Development, Inc. i CI 5' fl u co co Dup]in Land Development, Inc. ID a A. < G E 9 4 4 6' 7 R 6 • r CA V C O d 6 O. N co it ON = = - a, fl C b D G= , [.3 11l .--. �7 W OO W Os, r. Tip f , fa tan 'CI0 v $. a o .. - m N Pa .-• �p V cn 01284—Non-DischargeApplication Rate 01284—Non-Discharge Application Rate 01284 —Non-Discharge Application Rate APPLICATION LIMITATIONS 1- ) cv W 1:. 1 O til 13 O 'J' r 51'0 9 6 00 'PC c• . -. VI f-. VI — Uk Is r.. ii4 -g Ob 62.40 41. CO W isa Fr' Q y 2 cd = - �' {O{�. El Sang 11410LINDlicicill A J o 1 cR 4- 2 is 0 3 k717 Go gle iviaps 34°44'S IA N 77'56'43.0" W - Google Maps 34'44'51.0"N 77°55143.0"'W Imagery:2O17 Goagte, Map data @2017 Google 200 Ft 34°44'51.01'N 77°5543.0"'UV 34,747500,-77.929600 https:Pwwvw.gaogIaxamlmapsrplace134%Cl%8444'51.0%22N+77%C2%6055'43.0 22VV 3a.7475.-77.9341587,753fri1delf 13ra2110!4b114m5!3rnd!1sOx0:Crx... 1)1 STATE OF NORTH CAROLINA COUNTY OF Select Permit No. 45- 10 2 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to 0.S, 143-215.1 (di) and entered into this day of , by and between the North Carolina Environmental Management Comrnission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Ligli VOX- T-' 1i --f Ou.rQr nri , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1_ The ASSOCIATION was farmed for the purpose, among others, of handling the property, affairs and business of the development known as l Y L 1 - (hereinafter the Development); of operating, maintaining, re -cons meting and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2, The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development an said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215,1 to construct, maintain, and/or operate the Disposal System_ 4, The Development was created subject to unit ownership in the 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 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 ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to 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. 2. The ASSOCIATION 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. VDTtM: MA 01-20 Page 1 of 2 3. The ASSOCIATION 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 he funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration. and Associaticri Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made as necessary at any time. 5. 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 ASSOCIATION 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. 6. 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 ASSOCIATION 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 COMFVHSSION by the issuance of a permit. 7. The ASSOCIATION 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 ASSOCIATION's successor. S, The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System_ 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 Incoiporation 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 MANAGEMENT COMMISSION irefr l- +rx PA Name of A. OCIATION' Bv:ss-X S. Daniel Smith, Director (Signature) Division of Water Resources (Date) FORM: HOA 01-20 C ]ulrie-fD Or bolje ffr elf Print Kiame and Title J`cSJ (Date) Page 2 of 2 STATE OF NORTH CAROLINA COUNTY OF Select -DU -Pi i Perinit No. `i' CO I I (40' OPERATIONAL AGREEMENT This AGREEMENT made pursuant to C.S. 143-2I5,1 (di) and entered into this day of by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and I I n YP_ ler r fYi , 11(a corporation/general pat tnership registered/Iieensed 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 Selct{ F-) I k ' 1 County, upon which it is erectin and will erect dwelling units and other improvements, said development to be known as k VPr i� (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. 143-213.1 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 tine of filing of the Declaration, th I Vet Lc ici t ('i Pr-cp4 + C. 4 nr2hereinafter 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: 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 with 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 Resources has inspected and approved of the facilities. In order to change the naive 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 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's successor. FORM: DEV 01-20 Page 1 of 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 disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and Ioca1 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 fame 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. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to cater 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 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 4 7 I I r hi-1)0I iI MANAGEMENT COMMISSION Name ofDEVE PER 5, Daniel Smith, Director Division of Water Resources (Sig- t f'( Print Name a d Titled Preil • ,r) I- t - (Date) (Date) FORM: DEV 01-20 Page 2 of 2 JUN-25-2010 02:31 P.001 STATE OF NORTH CAROLINA �`�''a State Department of The EXHIBH To all whom these presents shall comer Greetings: Ir Rufus L. Eclrnisten, Secretary of State of the State of North Carolina, do her,:by certify the following an'' hereto attached to be a true copy of ARUCLE3 OF INCORPORATION OF RIVER LANDING PROPERTY OWNERS ASSOCIATION, :INC. the original of which was filed in this office on the 9th day of November, 1995. IN WITNESS WHEREOF, I have heren.nto set my hand and affixed my official seal at the City of Raleigh, this 9th day of November, 1995. Secretary of State JUN-25-2010 02:31 P.002 q 6 (coq5-0,q FILED ARTICLES OF INCORPORATION Niu 0 9 i995 OF RIVER LANDING PROPERTY OWNERS ASSOCIATIOI Js L EDM(STEN SECRETARY Of STATE A Non -Profit Corporation ' "O9TH CAROLINA The undersigned, acting as incorporator of a non-profit corporation under Chapter 55A of the North Carolina General Statutes, does hereby adopt the following Articles of Incorporation for such corporation. ARTICLE I The name and principal address of the corporation (hereinafter called the Association) is River Landing Property Owners Association, Inc. Name: RIVER LANDING PROPERTY OWNERS ASSOCATION, INC. Address: N.C. Highway 41 East, Box 5186 Wallace, NC 28466 ARTICLE II The specific primary purposes for which the Association is formed is to carry out the functions as set out for the Association in the Master Declaration of Covenants, Conditions and Restrictions for River Landing. In furtherance of such purposes, the Association shall have the power to: (a) Perform all of the duties and obligations of the Association as set forth in the Master Declaration for River Landing Property Owners Association applicable to the development and to be recorded in the Public Records of Duplin County, North Carolina; (b) Affix, levy, collect, and enforce payment by any lawful means of all charges and assessments pursuant to the terms of the Master Declaration and pay all expenses in connection therewith, and all office and other expenses incidental to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied on or imposed against the property of the Association; (c) Acquire (by gift, purchase or otherwise), own, hold, and improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate to public use, or otherwise dispose of real and personal property in connection with the affairs of the Association; (d) Borrow money and, subject to the consent by vote or written instrument of two-thirds (2/3) of each class of members, mortgage, pledge, convey by deed of trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; 1 JUN-26-2010 02:32 P.003 (e) Dedicate, sell, or transfer all or any part of the common areas to any municipality, public agency, authority, or utility for such purposes; (f) Have and exercise any and all powers, rights, and privileges that a non-profit corporation organized under Chapter 55A of the North Carolina General Statutes by law my now or hereafter have; (g) Retain a management entity to perform any of the services or duties set forth above or in the Declaration. The Association is organized and shall be operated exclusively for the purposes set forth above. The activities of Association will be financed by assessments against members as provided in the Declaration, and no part of any net earnings of the Association will inure to the benefit of any member. ARTICLE III Every person or entity who is an Owner of (a) a Lot, (b) a Dwelling and (c) any Recreational Amenity situated in the Development shall be a member of the Association, provided that any such person or entity who holds an interest merely as security for the performance of an obligation shall not be a member. ARTICLE IV The period of duration of the Association shall be perpetual. ARTICLE V The name and mailing address of the incorporators and subscribers are: Duplin Land Development, Inc. Highway 41, Box 5186 Wallace, NC 28466 (Duplin County) James F. Teachey Highway 41, Box 5186 Wallace, NC 28466 (Duplin County) ARTICLE VI The affairs of the Association shall be managed by a Board of Directors; a President and a Vice President. Prior to turnover as defined in the Master Declaration, the Board of Directors will be appointed by Duplin Land Development, Inc., the Developer of the River Landing. Neither the officers or the directors need be members of the Association. After turnover, both the officers and directors must be members of the Association (or an `officer of any corporate member). The officers shall be elected at the first meeting of the Board of Directors each year. 2 JUN-25-2010 02:32 P.004 The names of the officers who are to serve until the first election are: Name Office Harry D. Murphy President Joyce M. Norman Vice President James F. Teachey Vice -President Brewer M. Ezzell Secretary -Treasurer ARTICLE VII The number of persons constituting the first Board of Directors of the Association shall be four (4); and thereafter, the membership shall consist of not more than seven (7); and the names and addresses of the persons who shall serve as Directors until the first election are: Name Address 1032 W. Charity Rd, Rose Hill, Duplin Co., NC 1781 Register Rd., Rose Hill, Duplin County, NC 122 Martingale Lane, Wilmington, New Hanover Co., NC 103 Badger Court, Clinton, Sampson Co., NC Harry D. Murphy Joyce M. Norman James F. Teachey Brewer M. Ezzell ARTICLE VIII The initial Bylaws shall be adopted by the Board of Directors. Thereafter the Board of Directors shall have the power to alter, amend or repeal the Bylaws or adopt new Bylaws provided such action and the resulting Bylaws are not inconsistent with the Articles of Incorporation or the Master Declaration. ARTICLE IX These Articles may be amended at any annual meeting of the Association, or at any special meeting duly called and held for such purpose, on the affirmative vote of a majority of each class of voting members existing at the time of, and present in person or by proxy at such meeting. 3 JUN-25-2010 02:32 P.005 ARTICLE X The Association shall have three classes of voting members as follows: (a) Class "A" Class "A" Members shall be all those Owners as defined in Artile III, with the exception of the Declarant and the Owner of any Recreational Amenity. Class "A" members shall be entitled to one vote for each Lot or Dwelling Unit in which they hold the interest required for membership by Article III. When more than one person holds such interest in any Lot or Dwelling Unit, all such persons shall be members and the vote for such Lot or Dwelling Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot or Dwelling Unit. The Bylaws may establish procedures for voting when the title to a Dwelling Unit or Lot is held in the name of a corporation or more than one person or entity. (b) Class "B" Class "B" members shall be the Owners of the (1) golf course and its related amenities (2) any other Recreational Amenity which is operated as an ongoing business enterprise. The Owner of the golf course recreational amenity shall be entitled to 100 votes. Should the Declarant build or erect any other Recreational Amenity as an ongoing business enterprise it shall have the right to assign the number of votes in the Association to the Owner of that Recreational Amenity. (c) Class "C" Class "C" Member is the Declarant. The Class "C" Member shall be entitled to three votes for each Lot or Dwelling Unit in which it holds the interest required for membership by Artile III; provided that Class "C" membership shall cease and becomes converted to Class "A" membership on the happening of the earlier of any of the following events: 1. When the total votes outstanding in the Class "A" membership equal the total votes outstanding in the Class "C" membership; or 2. At any earlier time that the Declarant, in its sole discretion, voluntarily converts its Class "C" membership to Class "A" membership; 3. On December 31, 2025, if not sooner converted under (1) or (2). From and after the happening of the earlier of these events, the Class "C" member shall be deemed to be a Class "A" Member entitled to one vote for each Lot or Dwelling Unit in which it holds the interest required for membership under Article III. 4 JUN-25-2010 02:32 P.003 ARTICLE XI On dissolution, the assets of the Association shall be distributed to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such distribution is refused acceptance, such assets shall be granted, conveyed, and assigned to any non-profit corporation, association, trust, or other organization organized and operated for such similar purposes. ARTICLE XII The initial registered agent of the corporation shall be James F. Teachey, and the registered office of the corporation is Highway 41, Box 5186, Wallace, NC 28466, Duplin County. ARTICLE XIII The effective date of this corporation shall be upon filing with the Office of the Secretary of State of North Carolina. ARTICLE XIV Each Director and Officer of this Association shall be indemnified by the Association against all costs and expenses reasonably incurred or imposed upon him in connection with or arising out of any action, suit or proceeding in which he may be involved or to which he may be made a party by reason of his having been a Director or Officer of this Association, such expense to include the cost of reasonable settlements (other than amounts paid to the Association itself). IN WITNESS WHE EOF, the undersigned subscriber has executed these Articles of Incorporation on this / day of t2- &' _..2,,1995. es F. Teachey corporator 5 JUN-25-2010 02:32 P.007 STA I E, OF NORTH CAROLINA COUNTY OF DUPLIN I, AA ifX,,t C.6 lu l . tithO , a Notary Public of the aforesaid County and State do hereby certify that JAMES F. 1'BACHEY personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal, this day of My Col'inrission Expires: 40197 MW\DLD\RIVER.ART Notary Public 6 O , 1995. JUN-25-2010 02:32 P.008 STATE OF NORTH Secretary of StateCAROLINA Department of The To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT OF RIVER LANDING PROPERTY OWNERS ASSOCIATION, INC. the original of which was filed in this office on the 13th day of April, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 13th day of April, 1999. 'jaw, 7,p,(4.6de Secretary of State JUN-25-2010 02:32 P.009 State of North Carolina CORP ID* Y>,g /77 Department of the Secretary of State FILED 9STATEMENT OF CHANGE OF REGISTERED OFiq1999 'ICE A ' J, J t i 2 1 AND/OR REGISTERED AGENT Effective EL.AINE F. MARSHALL Pursuant to §55-5-02, §55A-5-02, §55-I5-08, or §55A-15-08 of the General Statutes of Nol`i'rATE undersigned corporation submits the following for the purpose of changing its registered officiMAPWINA tered agent in the State of North Carolina. CURRENT INFORMATION = - River Landing Property Owners Association, Inc. The name of the corporation is: The street address and county of the registered office of the corporation currently on file is: Number and Street 116 Paddle Wheel Drive City, State, Zip Code: Wallace, North Carolina 28477 County: Duplin The mailing address if different from the street address of the registered office currently on file is: Highway 41, Box 5186, Wallace, NC 28466 The name of the current registered agent is: James F. Teachev • • • • • • • • • INFORMATION TO BE CHANGED • • • • I. The street address and county of the new registered office of the corporation is: (complete this item only if address of registered office is being changed) Number and Street: City, State, Zip Code: 2. The mailing address if different from the street address of the new registered office is: (complete this item only if address of registered office is being changed) • • • • • • • County: 3. �T pn name of the rneviy thregistered �g s erded gentt is angd changed) new agent's written consent to appointment appears below: Harry D. Murphy CS€e ct t-ft tr1tiEd.. J Type or Print Name of New Agent Signature k Title' 4. The address of the corporation's registered office and the address of the business office of its registered agent, as changed, will be identical. 5. This statement will be effective upon filing, unless a delayed date and/or time is specified: This the 19l day of /)i 4r-t.., ,19 5'15' River Landing Property owners Association, Inc. Corporation Name Signature` NOTES: Type or Print 1. Filing fee is 55. This document and one exact or conformed copy must be filed with the Secretary of State. • Instead of signing here. the new registered agent may sign a separate written consent to the appointment, which ry-innritl AT IC NS DIVISION 300 N. SALISBURY STREET • Name and Title v - re5 must be attached to this statement. RALEIGH. NC 27603-5909 JUN-25-2010 02:32 P.010 CONSENT TO APPOINTMENT OF REGISTERED AGENT I, Harry D. Murphy, as President of River Landing Property Owners Association, Inc., hereby consent to being appointed as registered agent for River Landing Property Owners Association, Inc. ar D]a urphy, P esident JUN-25-2010 02:32 P.011 STATE OF NORTFI}� `` Department of The CAROLINA Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF RESTATEMENT OF RIVER LANDING PROPERTY OWNERS ASSOCIATION, INC. the original of which was filed in this office on the 23`a day of April, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 23`d day of April, 1999. Secretary of State JUN-25-2010 02:32 (161 103 9otb P.012 ySrickc ,w FILED 2`,Z2 APR 2 3 1999 ARTICLES OF RESTA 1'LMENT Effective FOR NONPROFIT CORPORATION ELAINE F, MARSHALL SECRETFAUE STATE NORTH CAROLINA Pursuant to § 55A-10-06 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following for the purpose of restating its Articles of Incorporation. 1. The name of the corporation is: River Landing Property Owners Association, Inc. 2. The text of the Restated Articles of Incorporation is attached. 3. The date of adoption of the Restated Articles of Incorporation was March 19, 1999. 4. (Check either a or b, whichever is applicable) a. These Restated Articles of Incorporation were adopted by the board of directors and either do not contain an amendment or contain an amendment which does not require member approval. b. X These Restated Articles of Incorporation, which contain an amendment requiring member approval, were approved by members on March 19, 1999 in accordance with Chapter 55A of the North Carolina General Statutes. 5. These articles will be effective upon filing, unless a date and/or time is specified: i PPAB-RA1/140292.1 JUN-25-2010 02:32 P.013 This the 'day of A PRI L. , 19a'1 River Landing Property Owners Association, Inc. ration Si ature , Kc.Ar A ,�,{'. , \lye 7t'esic,e;;1 Type or Print Name and Title PPAB-RA1/140292.1 JUN-25-2010 02:32 P.014 RESTATED ARTICLES OF INCORPORATION OF RIVER LANDING PROPERTY OWNERS ASSOCIATION, INC. A NORTH CAROLINA NONPROFIT CORPORATION ARTICLE I 1. All capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Second Amendment to and Restatement of Covenants and Master Declaration regarding property described on Exhibit "A" hereto, together with any Additional or Supplementary Declarations or amendments thereto (collectively, the "Restated Declaration"), which Second Amendment to and Restatement of Covenants and Master Declaration is recorded at Book 1275, Page 612, in the office of the Register of Deeds of Duplin County, North Carolina. 2. The name of the Corporation is River Landing Property Owners Association, Inc. (the "Association"). 3. The period of duration of the Association shall be perpetual. ARTICLE II 1. The purposes for which the Association is organized are to exercise all power and privileges and to perform all of the duties and obligations of the Association as set forth in the Restated Declaration, including, but not limited to: a. To affix, levy, collect, and enforce payment by any lawful means of all charges and Assessments pursuant to the terms of the Restated Declaration and pay all Common Expenses set forth in the Restated Declaration; b. To maintain, convey, sell, dedicate to public use, or otherwise manage the Property in accordance with these Articles, the Bylaws, the Restated Declaration, and any Rules adopted by the Association; c. To borrow money for any reasonable purpose or pledge, mortgage, hypothecate, transfer, or otherwise convey all or any portion of the Common Area, provided PPAS-RA1/126358.2 JUN-25-2010 02:32 P.015 that, as long as Declarant owns any Lot or Club Amenities, such action is subject to Declarant's prior written consent; and d. To have and exercise any and all powers, rights, and privileges and engage in any lawful act or activity for which corporations may be organized under Chapter 55A of the North Carolina General Statutes. 2. The Association is not organized for pecuniary profit, nor shall it have any power to issue Certificates of stock or pay dividends. No part of the net assets or earnings of the Association shall inure to the benefit of any private individual, firm, or corporation. ARTICLE III Every Person who is an Owner of a Lot or Club Amenities shall be a Member of the Association, provided that any such Person who holds an interest in a Lot or Club Amenities or any portion thereof merely as security for the performance of an obligation shall not be a Member. ARTICLE IV 1. The name and address of the current Registered Agent and Registered Office are: Harry D. Murphy River Landing 116 Paddle Wheel Drive Wallace, Duplin County, North Carolina 28466 2. The address of the principal office is: River Landing 116 Paddle Wheel Drive Wallace, Duplin County, North Carolina 28466 ARTICLE V 1. The Association shall be governed by a Board of Directors. 2. Prior to Turnover, the Board shall be appointed by Declarant, which Board members need not be Members of the Association. Following Turnover, the Board shall be appointed, elected, or designated in the manner provided in the Bylaws, and the Board members must be Members. PPAB-RA1/126358.2 2 JUN-25-2010 02:32 P.013 3, The number of Persons constituting the current Board shall be four (4). Thereafter, the Board shall consist of no less than four (4) nor more than seven (7) Persons. The Persons who shall currently serve as Directors are: 1032 W. Charity Rd., Rose Hill, Duplin Co., NC- 1781 Register Rd., Rose Hill, Duplin Co., NC 5209 South NC Highway 41, Wallace, Duplin Co., NC 4134 U.S. Highway 117, Rose Hill, Duplin Co., NC Harry D. Murphy Joyce M. Norman Kevin A. Hine Brewer M. Ezzell 4. The Board may appoint or elect officers of the Association. The current officers are: Harry D. Murphy - President Joyce M. Norman - Vice President Kevin A. Hine Vice President Brewer M. Ezzell Treasurer/Secretary 5. The Board shall currently adopt the Bylaws. Thereafter, the Bylaws may be amended as set forth in the Bylaws, provided any such action and the resulting Bylaws are not inconsistent with these Articles, as may be amended from time to time, or the Restated Declaration (i.e., as may be amended from time to time). ARTICLE VI These Articles may be amended as set forth in the Bylaws by ballot vote as provided by law or at any annual or special Member meeting duly called and held in accordance with the Bylaws for such purpose. ARTICLE VII The Association shall have one (1) class of voting Members whose votes shall be allocated as follows: a. Each Member, other than Declarant, shall be entitled to one (1) vote for each Lot in which the Member is the Owner; provided, however, that if more than one (1) such Member is an Owner of any Lot, all Members who are Owners of such Lot shall be entitled to a total of one (1) vote for the subject Lot. In no event shall more than one (1) vote be cast with respect to any Lot, and no fractional vote shall be cast with respect to any Lot. Furthermore, if any two or more adjacent Lots are purchased by one party, followed by the filing of a recombination plat creating one (1) Lot in the records in the Duplin County Register of Deeds, Duplin County, North Carolina, and said Lots are used as appurtenances to a single dwelling constructed thereon, said Lots shall be treated as one (1) Lot for voting purposes. 3 ppAB-RA1/126358.2 JUN-26-2010 02:32 P.017 b. Declarant shall be entitled to three (3) votes for each Lot in which it is the Owner until the happening of the earlier of any of the following events, in which event Declarant shall be entitled to only one (1) vote for each Lot in which it is the Owner: i. When the total votes outstanding by Members other than Declarant equal the total votes outstanding by Declarant; or ii. When Declarant, in its sole discretion, voluntarily provides written notice of such; or iii. December 31, 2025. c. Members shall have no voting rights by virtue of being an Owner of Club Amenities. ARTICLE VIII In the event of a dissolution and/or liquidation of the Association, all of the residual assets of the Association shall be distributed to any such organization(s) that is/are exempt under § 501(c)(3) of the Internal Revenue Code of 1986 or corresponding sections of any prior or future Internal Revenue Code at the time of dissolution as shall, in the judgment of the Board, be most likely to fulfill the purposes of the Association. ARTICLE IX Each current or former Director and Officer of the Association shall be indemnified by the Association to the fullest extent allowed by Chapter 55A of the North Carolina General Statutes against all costs and expenses reasonably incurred or imposed upon him or her in connection with, or arising out of, any action, suit, or proceeding in which he or she may be involved or to which he or she may be made a party by reason of his or her being or having been a Director or Officer of the Association. These Amended and Restated Articles of Incorporation have been adopted by the Members this 19th day of March, 1999. PPAB-RA1/126358.2 4 JUN-25-2010 02:33 P.018 [AFFIX CORPO,R:A.BhSg,AL] vy• .. tit J� ,.:b o' • .... LOA)',.. v 1kr: f R4T % rz• 00 a IL;,." = ry,lr : Z,� r • fiJJr :• 4.` ihmoilitil PPAB-RA1/126358.2 RIVER LANDING PROPERTY OWNERS ASSOCIATION, INC., a North Carolina nonprofit corporation Print ame: Title: V! c4 President ATTEST By: Print Name r;c):l\'\ , r 7 ) l Title:" Secretary 5 JUN-25-2010 02:33 P.019 STATE OF NORTH CAROLINA COUNTY OF ? pei.< I, 14?,Qw , a Notary Public of the aforesaid County and State do hereby certify that `5,eweC personally appeared before me this day and acknowledged that he is s}. Secretary of River Landing Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its Nke President, sealed with its corporate seal and attested by him/herself as its ASs , Secretary. Witness my hand and notarial stamp or seal, this 21 day of March, 1999. My Commission Expires: Print Name: Andc ki\aw\eS Notary Public ,P p KA/ , 0 cal IS`zGol [AFFIX NOTARIAL SEAL/STAMP] PPAB-RA1/126358.2 6 • • COIS TOTAL P.019