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HomeMy WebLinkAboutWQ0033710_Final Permit_20220411ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director CHRISTIAN H. TRASK, JR. — MANAGER HCT PENDER LLC 2511 CANTERBURY ROAD WILMINGTON, NORTH CAROLINA 28403 Dear Mr. Trask: NORTH CAROLINA Environmental Quality April 11, 2022 Subject: Permit No. WQ0033710 Lanes Ferry WWTP High -Rate Infiltration System Pender County In accordance with your permit renewal and minor modification request received September 13, 2021, and subsequent additional information received January 14, 2022, we are forwarding herewith Permit No. WQ0033710 dated April 11, 2022, to HCT Pender LLC for the construction and operation of the subject wastewater treatment and high -rate infiltration facilities. The following modifications to the subject permit are as follows: the relocation of the wastewater treatment plant outside of the flood plain, the installation of an air scrubber, and the installation of tank covers on the equalization and digester tanks. This permit shall be effective from the date of issuance through November 30, 2028, shall void Permit No. WQ0033710 issued May 26, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than June 3, 2028. Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit conditions since the last permit issuance dated May 26, 2017: ➢ Old Condition L9. — This condition is no longer required. ➢ Old Condition IL7. — This condition is no longer required. ➢ Old Condition VL2. — The permit is not voidable. D ��� North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINI� ©ewmwM or rnvinmmmi o�ai` r 919,707,9000 Mr. Christian H. Trask, Jr. April 11, 2022 Page 2 of 3 The following permit conditions are new since the last permit issuance dated May 26, 2017: ➢ Condition L6. — This condition requires that a site survey of the final piezometer locations be submitted within 90 days of piezometer installation. ➢ Condition L7. — This condition requires that the Well Construction Record (GW-1) forms be submitted within 30 days of piezometer installation. ➢ Condition 1.10. — This condition requires that a final Operation and Maintenance Plan be submitted to the Division prior to operation of the constructed facilities. ➢ Condition II.12.c. — This condition provides setbacks for the air scrubber unit. ➢ Condition IIL4. — This condition requires that infiltration equipment be tested and calibrated once per permit cycle. ➢ Condition 111.10. — This condition requires that all treatment and storage units within the 100- year flood plain have either a water -tight seal or two feet of protection from the 100-year flood plain elevation. ➢ Condition IIL 14. — This condition requires that all metering equipment be tested and calibrated annually. ➢ Condition IV.5.d. — This condition requires the Permittee to maintain records of the length of time a site is infiltrated. ➢ Condition IV. IO.b., c. — These conditions require the dates of infiltration equipment calibration and turbidimeter calibration be included in the facility maintenance log. ➢ Condition IV.11. — This condition requires the installed piezometers be sampled within three months prior to initial infiltration operations. ➢ Condition IV.12. — This condition requires the Permittee to submit the Well Construction Record (GW-1) and a tabular report of the water levels for initial piezometer sampling. ➢ Condition IV.13. — This condition outlines the piezometer monitoring report submittal requirements. ➢ Attachment A, PPI 001 through PPI 004 — Chlorine, Total Residual added to monitoring parameter requirements. Mr. Christian H. Trask, Jr. April 11, 2022 Page 3 of 3 If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Lauren Raup-Plummer at (919) 707-3660 or Lauren.Plummerkncdenr.gov. Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources cc: Pender County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Mark S. Bissell, PE — Bissell Professional Group (Electronic Copy) Jay Frick — Protection and Enforcement Branch (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH HIGH -RATE INFILTRATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO HCT Pender LLC Pender County FOR THE operation of an 800,000 gallon per day (GPD) wastewater treatment and high -rate infiltration facility consisting of the: construction and operation of a 100,000 GPD Phase 1 wastewater treatment and high -rate infiltration facility consisting of. a manual bar screen with 1-inch openings; three 10,520 gallon aerated flow equalization basins with audible/visual high-water alarms, two 70 gallon per minute (GPM) equalization transfer pumps, and served by an 85 cubic feet per minute (CFM) blower and coarse bubble diffuser system; a 1,000 CFM air scrubber unit to serve the headworks, equalization basins, and sludge holding areas; a flow spitter box with chemical feed for alkalinity adjustment; four 10,520 gallon pre -anoxic basins each with a submersible anoxic mixer; six 10,520 gallon aeration basins served by three 235 CFM main plant blowers (two duty and one standby), a fine bubble diffuser system, and two '/2 horsepower (hp) return activated sludge recycle pumps; two 6,010 gallon post -anoxic basins each with a submersible anoxic mixer with chemical feed for carbon source addition; two 4,187 gallon re -aeration basins served by the main plant blowers with a fine bubble diffuser system and a chemical feed for phosphorus removal; four hopper -bottom type clarifier cells with a total volume of 6,279 gallons with a sludge airlift served by the main plant blowers; three 96 square foot (ft) Pyradeck® fixed media filters each with a 100 GPM media dewatering pump; an ultraviolet (UV) disinfection system consisting of four UV units with four lamps each, and a UV intensity monitor; tablet chlorination as needed to control biological growth within the treatment plant; an ultrasonic effluent flow meter; a turbidity monitor; three 10,520 gallon aerobic sludge storage tanks served by the main plant blowers and a coarse bubble diffuser system, and a 1/2 hp digester decant pump each; an operator's building with chemical storage for alkalinity adjustment, carbon source, and phosphorus removal; a 550 kilowatt (kW) diesel powered emergency generator; an effluent pump station with two 347 GPM transfer pumps; a 1.38 million gallon (MG) high -rate infiltration basin (Basin 91) to be loaded at a rate of 5.33 gallons per day per square foot (GPD/ft2); a magnetic flow meter for measuring flow into Basin 41; approximately 4,675 LF of 12-inch perforated PVC groundwater lowering pipe; a groundwater pump station with two 496 GPM dewatering pumps and a groundwater flow meter; approximately 4,600 LF of 12-inch PVC force main for transporting dewatered groundwater (Phase 1 average = 254,874 GPD) to an existing lake for irrigation use (existing lake discharge to UT of NE Cape Fear River); and all associated piping, valves, controls, and appurtenances; the WQ0033710 Version 3.0 Shell Version 200201 Page 1 of 14 construction and operation of a 200,000 GPD Phase 2 wastewater treatment and high -rate infiltration facility consisting of the previously constructed Phase 1 treatment and infiltration facilities; three 10,520 gallon aerated flow equalization basins with audible/visual high-water alarms, served by an 85 CFM blower and a coarse bubble diffuser system; four 10,520 gallon pre -anoxic basins each with a submersible anoxic mixer; six 10,520 gallon aeration basins served by two new 235 CFM main plant blowers (using standby from Phase 1), a fine bubble diffuser system, and two '/2 hp return activated sludge recycle pumps; two 6,010 gallon post -anoxic basins each with a submersible anoxic mixer with chemical feed for carbon source addition; two 4,187 gallon re -aeration basins served by the main plant blowers with a fine bubble diffuser system and chemical feed for phosphorus removal; four hopper -bottom type clarifier cells with a total volume of 6,279 gallons with a sludge airlift served by the main plant blowers; three 96 ft2 Pyradeck® fixed media filters each with a 100 GPM media dewatering pump; three 10,520 gallon aerobic sludge storage tanks served by the main plant blowers and a coarse bubble diffuser system, and a '/2 hp digester decant pump each; use of existing groundwater lowering system equipment to transport dewatered groundwater (Phase 2 average = 347,970 GPD) to existing lake for irrigation use (existing lake discharge to UT of NE Cape Fear River); and all associated piping, valves, controls, and appurtenances; the construction and operation of a 400,000 GPD Phase 3 wastewater treatment and high -rate infiltration facility consisting of. the previously constructed Phases 1 and 2 treatment and infiltration facilities; a mechanical fine screen with a 2.0 MGD capacity; conversion of seven 10,520 gallon Phase 1 tanks to be used in conjunction with three 10,520 gallon existing Phase 1 equalization tanks for aerated flow equalization, served by a 235 CFM blower and an 85 CFM blower (converted from Phase 1), a coarse bubble diffuser system, and two 278 GPM equalization transfer pumps; a 1,000 CFM air scrubber unit (in addition to Phase 1/2 air scrubber unit) to serve the headworks, equalization basins, and sludge holding areas; a flow splitter box; two 42,935 gallon pre -anoxic basins each with two 4.3 hp pre -anoxic mixers and chemical feed for alkalinity control; two 122,000 gallon aeration basins served by three 500 CFM main plant blowers (two duty and one standby), a fine bubble diffuser system, and two 1.5 hp return activated sludge recycle pumps; two 16,755 gallon post -anoxic basins each with a 4.3 hp submersible anoxic mixer and chemical feed for carbon source addition; two 16,755 gallon re -aeration basins served by the main plant blowers and a fine bubble diffuser system; two 83,776 gallon rectangular mechanical clarifiers with sludge airlift served by the main plant blowers; two 220 ft2 multi -media sand filters with a 220 CFM air scour blower; a 19,250 gallon clearwell with two 1,760 GPM backwash pumps; a 19,250 gallon mudwell with two 120 GPM wasting pumps; conversion of nine 10,520 gallon Phase 2 tanks in conjunction with three 10,520 gallon existing Phase 2 sludge storage tanks to be used as aerobic sludge storage served by two 235 CFM blowers and an 85 CFM blower (converted from Phase 1) and a coarse bubble diffuser system; use of the Phase 1 and 2 effluent pump station with two new 1,389 GPM pumps; a 0.72 MG high -rate infiltration basin (Basin #2) to be loaded at a rate of 5.33 GPD/ft2; a magnetic flow meter for measuring flow into Basin 92; approximately 1,231 LF of 12-inch perforated PVC groundwater lowering pipe; use of the Phase 1 and 2 groundwater pump station with two new 1,418 GPM dewatering pumps and the groundwater flow meter from Phases 1 and 2 for transporting dewatered groundwater (Phase 3 average = 586,036 GPD) to existing lake for irrigation use (existing lake discharge to UT of NE Cape Fear River); and all associated piping, valves, controls, and appurtenances; and the WQ0033710 Version 3.0 Shell Version 200201 Page 2 of 14 construction and operation of an 800,000 GPD Phase 4 wastewater treatment and high -rate infiltration facility consisting of. the previously constructed Phase 1, 2, and 3 treatment and infiltration facilities; the conversion of ten 10,520 gallon Phase 1 tanks to be used for aerated flow equalization, served by a 235 CFM blower and an 85 CFM blower (converted from Phase 2), a coarse bubble diffuser system, decommissioning of the Phase 3 dual 278 GPM equalization transfer pumps and replacement with two 556 GPM equalization transfer pumps; decommissioning of the Phase 3 dual 1,000 CFM air scrubber units and replacement with a new 3,500 CFM air scrubber unit to serve the headworks, equalization basins, and sludge holding areas; two 42,935 gallon pre -anoxic basins each with two 4.3 hp pre -anoxic mixers and chemical feed for alkalinity control; two 122,000 gallon aeration basins served by two new 500 CFM main plant blowers, a fine bubble diffuser system, and two 1.5 hp return activated sludge recycle pumps; two 16,755 gallon post -anoxic basins each with a 4.3 hp submersible anoxic mixer and chemical feed for carbon source addition; two 16,755 gallon re -aeration basins served by the main plant blowers and a fine bubble diffuser system; two 83,776 gallon rectangular mechanical clarifiers with sludge airlift served by the main plant blowers; two 220 ft2 multi -media sand filters with a 220 CFM air scour blower; a 19,250 gallon clearwell with two 1,760 GPM backwash pumps; a 19,250 gallon mudwell with two 120 GPM wasting pumps; conversion of ten 10,520 gallon and three 5,430 gallon Phase 2 tanks plus a 5,430 gallon Phase 1 tank to be used as aerobic sludge storage served by a 235 CFM blower (converted from Phase 1) and a new 306 CFM blower and a coarse bubble diffuser system; use of the Phase 3 effluent pump station with existing dual 1,389 GPM pumps; a 0.14 MG high -rate infiltration basin (Basin 93); and approximately 1,172 LF of 12-inch perforated PVC groundwater lowering pipe; use of the Phase 3 groundwater pump station with existing dual 1,418 GPM dewatering pumps and the groundwater flow meter from Phase 3 for transporting dewatered groundwater (Phase 4 average = 1,020,870 GPD) to existing lake for irrigation use (existing lake discharge to UT of NE Cape Fear River); and all associated piping, valves, controls, and appurtenances to serve the Lanes Ferry WWTP, with no discharge of wastes to surface waters, pursuant to the application received September 13, 2021, subsequent additional information received January 14, 2022, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through November 30, 2028, shall void Permit No. WQ0033710 issued May 26, 2017, and shall be subject to the following conditions and limitations: I. SCHEDULES Upon completion of construction and prior to operation of Phases 1, 2, 3, and 4 of this permitted facility, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Dischar._e�Reports&ncdenr.gov. [15A NCAC 02T .0116(a)] 2. Upon completion of construction and prior to operation of high -rate infiltration Basin 91, the facilities shall be tested for functionality and adequate infiltration capacity pursuant to Chapter 10 of the Operation and Maintenance Plan submitted to the Division on February 11, 2009. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified at least 48 hours in advance (excluding weekends and holidays) of such testing so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. The results of basin testing and subsequent model verification shall be signed and sealed by a North Carolina licensed Geologist and submitted to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reportskncdenr.gov. The requested information shall be received and approved by the Division prior to the operation of high -rate infiltration Basin #1. [15A NCAC 02T .0108(b)(1)(B)] WQ0033710 Version 3.0 Shell Version 200201 Page 3 of 14 Upon completion of construction and prior to operation of high -rate infiltration Basins 92 and 93, the basins shall be inspected by a North Carolina licensed Professional Geologist to verify that the constructed basin will be capable of receiving the wastewater at the permitted loading rates. The results of this inspection, along with the results of any testing performed, shall be signed, sealed and submitted to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reportskncdenr. og_v. The requested information shall be received and approved in by the Division prior to the operation of high -rate infiltration Basins #2 and #3. [15A NCAC 02T .0108(b)(1)(B)] 4. The Permittee shall notify the Wilmington Regional Office, telephone number (910) 796-7215, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] The Wilmington Regional Office, telephone number (910) 796-7215, shall approve monitoring wells PZ-1 through PZ-10 prior to installation. Piezometers PZ-1, PZ-2, PZ-7, PZ-8, PZ-9, and PZ-10 shall be installed prior to beginning waste disposal operations at high -rate infiltration Basin #1. Piezometers PZ-3 and PZ-4 shall be installed prior to beginning waste disposal operations at high -rate infiltration Basin 92. Piezometers PZ-5 and PZ-6 shall be installed prior to beginning waste disposal operations at high -rate infiltration Basin 93. The Wilmington Regional Office shall be notified at least two business days in advance of construction of any monitoring well. The monitoring wells shall be constructed such that the water level in the well is never above or below the screened portion of the well, and in accordance with 15A NCAC 02C .0108. The general location and Division -approved name for each monitoring well is on Figure 2. [15A NCAC 02C .0108, 02T .0108(b)(1)(B)] 6. Within 90 days of completing installation of monitoring wells PZ-1 through PZ-10, the Permittee shall submit two original copies and one digital copy of a site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be granted upon prior approval for large properties. The map shall include the following information: a. Legend, north arrow, scale, and legible in black and white. b. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief. c. All habitable residences or places of assembly within 500 feet of the infiltration area. d. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of the infiltration area. e. Location and identification of each monitoring well (identify any background/upgradient wells). f. Latitude and longitude coordinates of each monitoring wells (decimal degrees to the sixth decimal degree and in NAD83). g. Location and identification of major components of the waste disposal system. h. The perimeter of all infiltration areas with field names (named according to the approved permit) i. Location and ownership of property boundaries within 500 feet of the infiltration area (including road/rail right-of-ways and easements). j. Latitude and longitude of the established horizontal control monument (decimal degrees to the sixth decimal degree). k. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum. 1. Depth of water below the measuring point at the time the measuring point is established. in. Delineation of the compliance and review boundaries. n. Distance measurements verifying all setbacks are being met. o. Stormwater drainage controls. p. 100-year floodplain. q. The date the map is prepared and/or revised. r. Location of the groundwater lowering system and discharge point (if present). Boundaries and physical features not under purview of other licensed professions shall be provided by a Professional Surveyor. Control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities taking place on the property. The map and any supporting documentation shall be sent to the Division of Water Resources, Non - Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Discharge.Reports&ncdenr. og_v. [15A NCAC 02C .0105(f), 02T .0108(b)(1)(B)] WQ0033710 Version 3.0 Shell Version 200201 Page 4 of 14 7. Within 30 days of construction, a Well Construction Record (Form GW-I) listing this permit number and the appropriate monitoring well identification number shall be completed for each well constructed, and mailed to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reportskncdenr.gov. A North Carolina Certified Well Contractor shall construct the monitoring wells according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. [15A NCAC 02C .0113, 02T .0108(b)(1)(B)] 8. During construction, any existing monitoring wells encountered within the site boundary shall be permanently abandoned. Within 30 days of abandonment, a Well Abandonment Record (Form GW- 30) shall be completed for each well abandoned, and mailed to the Division of Water Resources, Non - Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Discharge.Reportskncdenr.gov. A North Carolina Certified Well Contractor shall abandon the monitoring wells according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. [15A NCAC 02C .0113, 02T .0108(b)(1)(B)] 9. Gauges to monitor waste levels in the 1.38 MG high -rate infiltration basin (Basin #1), the 0.72 MG high -rate infiltration basin (Basin 92), and the 0.14 MG high -rate infiltration basin (Basin #3) shall be installed prior to operation. [15A NCAC 02T .0108(b)(1)(B), 02T .0705(c)] 10. Prior to operation of the newly installed facilities, a Final Operation and Maintenance Plan shall be submitted for review. The plan shall be sent to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reportskncdenr.gov. [15A NCAC 02T .0108(b)(1)(B), 02T .0707(a)] 11. The Permittee shall request renewal of this permit on Division -approved forms no later than June 3, 2028. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the infiltration areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells, including piezometers, shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0705(b)] 5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m)] 6. The attached Operational Agreement shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions under G.S. 143-215.6A, G.S. 143-215.613, and G.S. 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115] WQ0033710 Version 3.0 Shell Version 200201 Page 5 of 14 7. High -rate infiltration sites permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the infiltration area, or 50 feet within the property boundary, whichever is closest to the infiltration area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143- 215.1(1), G.S. 143-215.1(k)] 8. The review boundary is midway between the compliance boundary and the infiltration area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L .0106(d)(1), 02L .0108] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] 10. 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] 11. 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 Pender 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)] WQ0033710 Version 3.0 Shell Version 200201 Page 6 of 14 12. The facilities herein were permitted per the following setbacks: a. The infiltration sites were originally permitted February 27, 2009. The setbacks for infiltration sites originally permitted or modified from September 1, 2006 to August 31, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 400 ii. Each habitable residence or place of assembly owned by the Permittee: 200 iii. Each private or public water supply source: 100 iv. Surface waters: 1001 v. Groundwater lowering ditches: 1001 vi. Surface water diversions: 50 vii. Each well with exception of monitoring wells: 100 viii. Each property line: 200 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 100 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 1001 xii. Each swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Each building foundation or basement: 15 xvi. Each impounded public surface water supply: 500 xvii. Each public shallow ground water supply (less than 50 feet deep): 500 ' Setbacks to surface waters, groundwater lowering ditches, and subsurface groundwater lowering drainage systems have been reduced from 200 to 100 feet because the treatment units are designed to meet a Total Nitrogen of 7 mg/L and a Total Phosphorus of 3 mg/L. [15A NCAC 02T .0706(a), 02T .0706(b), 02T .0706(f), 02T .0706(g)] b. The storage and treatment units, excluding the air scrubber unit, were originally permitted February 27, 2009. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 to August 31, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02T .0706(d), 02T .0706(f), 02T .0706(g)] WQ0033710 Version 3.0 Shell Version 200201 Page 7 of 14 c. The air scrubber unit was originally permitted April 11, 2022. The setbacks for storage and treatment units originally permitted or modified on or after September 1, 2018 are as follows (all distances in feet): I. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02T .0706(d), 02T .0706(f), 02T .0706(g)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0700] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0707(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. Infiltration equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0707(d)] 5. Only treated effluent from the Lanes Ferry WWTP shall be infiltrated on the sites listed in Attachment B. [15A NCAC 02T .0701] 6. The Permittee shall not allow vehicles or heavy machinery on the infiltration area, except during equipment installation or maintenance activities. [15A NCAC 02T .0707(e)] 7. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration facilities. [15A NCAC 02T .0705(p)] 8. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .0708, 02T .I 100]. 9. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0705(i)] 10. The Permittee shall provide a water -tight seal on all treatment and storage units, or provide two feet protection from the 100-year flood plain elevation. [15A NCAC 02T .0705(1)] 11. Freeboard in the 1.38 MG high -rate infiltration basin (Basin #1), the 0.72 MG high -rate infiltration basin (Basin #2), and the 0.14 MG high -rate infiltration basin (Basin 93) shall not be less than two feet at any time. [15A NCAC 02T .0705(c)] WQ0033710 Version 3.0 Shell Version 200201 Page 8 of 14 12. Gauges to monitor waste levels in the 1.38 MG high -rate infiltration basin (Basin 91), the 0.72 MG high -rate infiltration basin (Basin 42), and the 0.14 MG high -rate infiltration basin (Basin 93) shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0707(f)] 13. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0707(g)] 14. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d)] 15. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [15A NCAC 02T .0705(k)] 16. The infiltration areas shall be cleaned at least once per permit cycle to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained at the facility for five years, and shall be made available to the Division upon request. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified prior to each cleaning. [15A NCAC 02T .0707(h)] IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of effluent infiltrated. These records shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration; b. Volume of effluent infiltrated; c. Site infiltrated; d. Length of time site is infiltrated; e. Loading rates to each infiltration site listed in Attachment B; and f. Weather conditions. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 1.38 MG high -rate infiltration basin (Basin 91), the 0.72 MG high -rate infiltration basin (Basin #2), and the 0.14 MG high -rate infiltration basin (Basin 93) shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] WQ0033710 Version 3.0 Shell Version 200201 Page 9 of 14 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] 8. Pursuant to G.S. 143-215.1C(a), and beginning with Phase 2 and continuing through Phase 4 of this permit, the Permitee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the wastewater treatment and high -rate infiltration facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G. S. 143-215.1 C(a)] 9. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0708(b)] 10. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of infiltration equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the plant and plant site; and f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0707(i)] 11. Monitoring wells PZ-1 through PZ-10 shall be sampled after construction, and within three months prior to initiating high -rate infiltration operations. Monitoring wells PZ-1 through PZ-10 shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All m2pping, well construction forms. well abandonment forms. and monitorina data shall refer to the hermit number and the well nomenclature as provided in Attachment C and Figure 2. [15A NCAC 02T .0105(m)] WQ0033710 Version 3.0 Shell Version 200201 Page 10 of 14 12. For initial sampling of monitoring wells PZ-1 through PZ-10, the Permittee shall submit a table containing the initial water levels measured in accordance with Footnote 1 of Attachment C and a Well Construction Record Form (GW-1) listing this permit number and the appropriate monitoring well identification number. Initial water level results without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be returned to the Pennittee without being processed. [15A NCAC 02T .0105(m)] 13. Two copies of the monitoring well sampling and analysis results shall be submitted in tabular format on or before the last working day of the month following the sampling month. The tabular results shall include this permit number and the appropriate well identification number(s); a certification for the results including the sampling date, the name and signature of the sampling person(s), and the title of the sampling person(s) shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 14. Noncompliance Notification: The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Effluent breakout from the infiltration sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Wilmington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] WQ0033710 Version 3.0 Shell Version 200201 Page 11 of 14 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and infiltration facilities. [15A NCAC 02T .07070)] 2. The Permittee shall inspect the wastewater treatment and infiltration facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0707(1), 02T .07070)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and infiltration facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Pennittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] WQ0033710 Version 3.0 Shell Version 200201 Page 12 of 14 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 11"' day of April 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -2) S!7�� — Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0033710 WQ0033710 Version 3.0 Shell Version 200201 Page 13 of 14 Permit No. WQ0033710 HCT Pender LLC Lanes Ferry WWTP ENGINEERING CERTIFICATION ❑ Partial ❑ Final High -Rate Infiltration System April 11, 2022 Pender County I, , as a duly licensed North Carolina Professional Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and specifications. Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the attached as -built drawings. Description of variations: Professional Engineer's Name Firm Name Firm No. Address City JL State Zip Code Telephone Email Seal, Signature, and Dateaj THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON -DISCHARGE BRANCH By U.S. Postal Service By Courier/Special DelivM 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 WQ0033710 Version 3.0 Shell Version 200201 Page 14 of 14 i Rw+ U U U U U U U U d w N N U N N N N N N cl 41 41 A a w � o W C7 �d Q a tj ►� U 99 6 cv ` C o H z w O v u u w z z z z a un vo O 4. O 0 t P, O N O O O O O O O U U U U U U U U r�7 a z u u u o u u u u u u u O y y� N h N U N N N N ul N N YYY/ti 41 A .A 41 I�CII A ICI � w � o W G7 N Q 0 C +' � u z U U w z z z z a y O O - O O_ - O O O - O O z, M O O 0 0 0 0 0 U U U U U U U a z u u u o u u u u u u u O y y� N h N U N N N N ul N N YYY/ti 41 A .A 41 I�CII A ICI � w � o W G7 o � Q O � a u U w z z z z a y O O �o O O_ n O O O v O �o �o I- �o O O O O O O O O O O 0 t a O IV 0 0 0 0 0 U U U U U U U a z u u u o u u u u u u u O y y� M h M U M M M M V1 M M .q Y/y 41 A .A 41 w � o W G7 o � y O z � Q 0 � u z w (V '� •� H w q o o °� U U o w w z z z z a y O O - O O_ - O O O - O O z x a z N U N (V N M / x 41 A 41 ci ��6iII u 's, W C w � o W CO G7 oc cv � C7 0 c o � a O E~ w F" CO t H �l �° • o � o w U U U w z z a CO � O �O O O O rq O �o O U° o o o 0 0 0 0 0 �° z x a N U CV CV 00 41 A 411 w � o W G7 M, 0 ci y � O O O O O O O o Pam, z x a z N U N (V N M / x 41 A 41 ci ��6iII u 's, W C w � o W CO G7 o ? N OC co C7 0 o � a O E~ w F" CO �l �° • o � o o Q" -� w u u u w z z a y 00 O — O O O rq O I'O O z x a CJ U CV CV 00 41 A 411 w � o W G7 en � i v o 0 7� y 00 O O O O O O O o Pam, i R c7 c7 c7 tiY Cr} Cr} M l N N N Q O O O U U U a al a y + 00 bfJ bA bU L "-r S A A Q Q Q z I z I z I 00 00 00 N_ N_ N_ O O O O O O O I I I CO ZN In oc O 7 ufn d Z COo o 0 bD �„� kn 00 kn 00 Vn ofi zCO 0 � kn N N ol oc O M N N M M M M O N N z CO Q v v v Y � O w I G - N M d STATE OF NORTH CAROLINA COUNTY OF Select Permit No. WQ0033710 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) 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 , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Select Pender County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Lane's Ferry Landis _ (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. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Lane's Ferry Landing Association, Inc. (hereinafter Association), a nnrnnrat;nn groan 7P.d and exicr,na under and by the virtue ofthe laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: I. The. DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable 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 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 2 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 local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 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 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 Richard E. Rogers, Jr., Dire'cto Division of Water Resources April 11, 2022 (Date) HCT Pender, LLC Name of DEV OPER B (Signature) r� Print Name and Title (Date) FORM: DEV 01-20 Page 2 of 2 •�� _ . 3 a, L�Id.LSIS'IdSOdSIQ�B.LNHW.LddN.L2IH.Ldh1d.LSdh1 � —1 h I �Fa� '�;; N . d a ��� otieaa�tioti mnooaaamed aatiMo��tiodA�ao ���s3o Mainxano cn�v do��a I2I2P33 SPIV I SN0151�3N ' O� I � � 00 � Z �o r� \ �4 cZJO �O O\ w •�-°�••°,,••�°3 '"`�'° ,�,:�. 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