HomeMy WebLinkAboutWQ0034715_Final Permit_20220412ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 12, 2022
SUSAN DUNNAVANT — COO
CONCERT 12 OAKS, LLC
300 INTERNATIONAL PARKWAY — SUITE 150
LAKE MARY, FLORIDA 32746
Dear Ms. Dunnavant:
Subject: Permit No. WQ0034715
The Club at 12 Oaks
Reclaimed Water Conjunctive
Utilization System
Wake County
In accordance with your permit change of ownership request received February 14, 2022, we are
forwarding herewith Permit No. WQ0034715 dated April 12, 2022, to Concert 12 Oaks, LLC for the
continued operation of the subject reclaimed water conjunctive utilization facilities.
This permit shall be effective from the date of issuance through July 31, 2028, shall void Permit
No. WQ0034715 issued June 19, 2018, and shall be subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than February 2, 2028.
Please pay attention to the monitoring requirements listed 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.
If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Nathaniel Thornburg at
(919) 707-3653 or nathaniel.thomburgkncdenr. og_v.
Sincerely,
7L, -xo �e
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Wake County Health Department (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
DNorth Carolina Department of Environmental Quality I Division of Water Resources
EQ> 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH GAROLINA +
919.707.9000
Ms. Susan Dunnavant
April 12, 2022
Page 2 of 2
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
RECLAIMED WATER CONJUNCTIVE 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
Concert 12 Oaks, LLC
Wake County
FOR THE
continued operation of a 400,000 gallon per day (GPD) reclaimed water conjunctive utilization facility
consisting of:
an influent flow meter; a 3,156,000 gallon unlined reclaimed water storage pond with dual 550 gallon per
minute (GPM) vertical turbine reclaimed water utilization pumps and dual 3,250 cubic feet per minute
(CFM) blowers; a weather station; a reclaimed water distribution flow meter; a 69.8 acre golf course
reclaimed utilization area; and all associated piping, valves, controls, and appurtenances
to serve The Club at 12 Oaks, with no discharge of wastes to surface waters, pursuant to the application
received February 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 July 31, 2028, shall void Permit No.
WQ0034715 issued June 19, 2018, and shall be subject to the following conditions and limitations:
I. SCHEDULES
At the end of this permit cycle, the Division shall evaluate the Town of Holly Springs Wastewater
Treatment Plant (Permit No. NC0063096) effluent nitrate concentrations. If this review demonstrates
effluent nitrate concentrations exceed the 15A NCAC 02L .0202(g)(103) groundwater standard of 10
mg/L, or if effluent nitrate concentrations are consistently trending upwards, thus indicating a nitrate
groundwater standard exceedance may be imminent, then the Permittee shall modify this permit to
install one downgradient monitoring well and one upgradient monitoring well on the unlined reclaimed
water storage pond's review boundary. Both monitoring well locations shall be coordinated with the
Raleigh Regional Office and approved by the Division via a permit modification prior to construction
and operation of said monitoring wells. [15A NCAC 02T .0108(b)(1)(A)]
2. The Permittee shall request renewal of this permit on Division -approved forms no later than February
2, 2028. [15A NCAC 02T .0105(b), 02T .0109]
WQ0034715 Version 2.1 Shell Version 200201 Page 1 of 8
IL PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject reclaimed water 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, the Permittee shall take immediate corrective actions, including Division
required actions, such as the construction of additional or replacement reclaimed water utilization
facilities, or cessation of reclaimed water utilization activities. [15A NCAC 02T .0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
Reclaimed water shall only be utilized at the sites and for the activities specified in Attachment B. [15A
NCAC 02U .0401(g)]
4. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent
irrigation during precipitation events or wet conditions. [15A NCAC 02U .0401(k)]
The conjunctive utilization of reclaimed water permitted herein in no way negates, precludes, or
invalidates Permit Nos. WQ0032289 and NC0063096. [15A NCAC 02T .0108(b)(1)(A)]
6. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public
or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)]
7. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or
otherwise marked to identify the source of the water as being reclaimed water as follows:
a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or
equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER -
DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated
every three feet or less;
b. Identification tape shall be at least three inches wide and have white or black lettering on purple
(Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT
DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least
every 10 feet to each pipe length and run continuously the entire length of the pipe; and
c. Existing underground distribution systems retrofitted for the purpose of convey reclaimed water
shall be taped or otherwise identified as noted in IL7.a. and IL7.b. This identification need not
extend the entire length of the distribution system but shall be incorporated within 10 feet of
crossing any potable water supply line or sanitary sewer line.
[15A NCAC 02U .0403(c)]
8. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation
by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U
.0403(d)]
9. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable
quality. As an alternative to the use of locked vaults with standard hose bib services, other locking
mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and
labeled as non -potable water. [15A NCAC 02U .0403(e)]
10. There shall be no direct cross -connections between the reclaimed water and potable water systems,
unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A
NCAC 02U .0403(f)]
WQ0034715 Version 2.1 Shell Version 200201 Page 2 of 8
11. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below
any water line if practicable. If these separation distances cannot be met, the piping and integrity testing
procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U
.0403(g), 02U .0403(h)]
12. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and
integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no
case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)]
13. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with
15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)]
14. Reclaimed water irrigation fields permitted on or after September 1, 2006, have compliance and review
boundaries established at the irrigation area boundaries. Any exceedance of groundwater standards at
or beyond the compliance boundary shall require corrective action. Division -approved relocation of
the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under
common ownership and permitted for use as a disposal system shall be treated as a single property with
regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02U
.0501(a)(6), G.S. 143-215.1(1), G.S. 143-215.1(k)]
15. 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)]
16. 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]
17. 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 Wake
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.
[I5A NCAC 02L .0107(f)]
WQ0034715 Version 2.1 Shell Version 200201 Page 3 of 8
18. The facilities herein were permitted per the following setbacks:
a. The reclaimed water irrigation sites were originally permitted May 25, 2010. The setbacks for
spray irrigation sites originally permitted or modified from September 1, 2006 to June 17, 2011 are
as follows (all distances in feet):
i. Surface waters classified SA: 100
ii. Surface waters not classified SA: 25
iii. Each well with exception of monitoring wells: 100
[15A NCAC 02T .0912(b)]
b. The storage units were originally permitted May 25, 2010. The setbacks for storage units originally
permitted or modified from September 1, 2006 to June 17, 2011 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 .0912(a)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [ 15A NCAC
02U .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the operation of the system in detail to show what operations are necessary for the
system to function and by whom the operations are to be conducted;
b. A description of anticipated maintenance of the system;
c. Provisions for safety measures, including restriction of access to the site and equipment; and
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation, and contact information for personnel, emergency responders, and
regulatory agencies;
[15A NCAC 02U .0801(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U
.0801(b)]
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5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02U .0801(c)]
6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)]
7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d)]
8. Only reclaimed water generated from the Utley Creek WWTP (Permit Nos. WQ0032289 and
NC0063096) shall be utilized at the sites and for the activities specified in Attachment B. [15A NCAC
02U .0101]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [15A NCAC 02U .0801(e)]
10. Public access to reclaimed water utilization sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site. [15A
NCAC 02U .0501(a)(2)]
11. Freeboard in the 3,156,000 gallon unlined reclaimed water storage pond shall not be less than two feet
at any time. [15A NCAC 02U .0401(h)]
12. A gauge to monitor water levels in the 3,156,000 gallon unlined reclaimed water storage pond shall be
provided. This gauge 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 02U .0801(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 02U .0801(g)]
14. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)]
15. The Permittee shall provide notification to the public and its employees about the use of reclaimed
water, and that reclaimed water is not intended for drinking. Such notification shall be provided to
employees in a language they can understand. [15A NCAC 02U .0501(a)(2)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. The Permittee shall maintain adequate records tracking the amount of reclaimed water utilized and shall
include the following information:
a. Date reclaimed water utilized; and
b. Volume of reclaimed water utilized to each site specified in Attachment B (monthly total).
Monthly tracking records shall be summed and reported on Form NDMR (see Attachment A) under
parameter WQO1 (Flow, Reclaimed Water Distributed). This value shall represent the total volume of
reclaimed water distributed for that month. [ 15A NCAC 02T .0108(c)]
WQ0034715 Version 2.1 Shell Version 200201 Page 5 of 8
4. Freeboard (i.e., water level to the lowest embankment elevation) in the 3,156,000 gallon unlined
reclaimed water storage pond 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)]
Three copies of all monitoring data (as specified in Condition IV.3.) on Form NDMR for each PPI and
three copies of all operation and disposal records (as specified in Condition IVA.) on Form NDAR-1
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
[I5A NCAC 02T .0105(1)]
6. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Visual observations of the site; and
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.); and
e. Record of all discharges of reclaimed water to surface waters or the land surface, including the date
of occurrence, estimated volume, and corrective action taken.
[15A NCAC 02U .0801(h)]
7. Noncompliance Notification:
The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within
24 hours of first knowledge of the following:
a. 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.6.e. but do not require Regional Office notification.
b. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
c. Ponding in or runoff from the irrigation 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 Raleigh 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)]
WQ0034715 Version 2.1 Shell Version 200201 Page 6 of 8
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed
water utilization facilities. [15A NCAC 02U .0801(i)]
2. The Permittee shall inspect the reclaimed water utilization facilities to prevent malfunctions, facility
deterioration, and operator errors that may result in discharges of wastes to the environment, threats to
human health, or public nuisances. The Permittee shall maintain an inspection log that includes the
date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken.
The Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request. [15A NCAC 02U .0801(h), 02U
.0801(1)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the reclaimed water utilization facilities permitted herein at any
reasonable time for determining compliance with this permit. Division authorized representatives may
inspect or copy records maintained under the terms and conditions of this permit, and may collect
groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
VL GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143-
215.1(d3)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
WQ0034715 Version 2.1 Shell Version 200201 Page 7 of 8
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02U;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
I. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the 12th day of April 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
ztmr�z sp�� -
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0034715
WQ0034715 Version 2.1 Shell Version 200201 Page 8 of 8
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