HomeMy WebLinkAboutWQ0038695_Final Permit_20220815
August 15, 2022
K ENNETH E LLIS M ANAGING M EMBER
H2OBX, LLC
1 E AST R IDGE R OAD
L OUNDONVILLE, N EW Y ORK 12211
Subject: Permit No. WQ0038695
H2OBX Waterpark WWTP
High-Rate Infiltration System
Currituck County
Dear Mr. Ellis:
In accordance with your permit change of ownership request received February 3, 2022, and
subsequent additional information received May 20, 2022, we are forwarding herewith Permit No.
WQ0038695 dated August 15, 2022, to H2OBX, LLC for the continued operation of the subject Phase 1
wastewater treatment and high-rate infiltration facilities and the construction and operation of the subject
Phase 2 high-rate infiltration facilities.
The following modifications to the subject permit are as follows: The Permittee has been changed
from OBX Waterpark Adventure, LLC to H2OBX, LLC.
This permit shall be effective from the date of issuance through June 30, 2029, shall replace Permit
No. WQ0038695 issued February 24, 2017, and shall be subject to the conditions and limitations therein.
The Permittee shall submit a renewal application no later than January 1, 2029.
Please pay attention to the monitoring requirements listed Attachments A, B, and C 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
February 24, 2017:
Old Condition I.3 This condition has been met.
Old Condition I.4 This condition has been met.
Old Condition I.5 This condition has been met.
Old Condition I.7 This condition is no longer required.
Old Condition II.6 This condition has been removed as the green area requirements have been
repealed.
Old Condition VI.2 This condition has been removed as permits are not voidable.
Mr. Kenneth Ellis
August 15, 2022
Page 2 of 3
The following permit conditions are new since the last permit issuance dated February 24,
2017:
Condition I.3 This condition requires a gauge to monitor waste levels in the groundwater
lowering system effluent storage pond be installed within 60 days of the effective date of this
permit.
Condition II.6 This condition requires that the attached Operational Agreement be a condition
of this permit.
Condition III.12 This condition requires that the freeboard in the groundwater lowering
system effluent storage pond shall not be less than two feet at any time.
Condition III.13 This condition requires a gauge to monitor waste levels in the groundwater
lowering system effluent storage pond be provided.
Condition III.15 This condition requires metering equipment be tested and calibrated
annually.
Condition IV.5.d This condition has been revised to include additional recording requirements.
Condition IV.6 This condition requires that the freeboard in the groundwater lowering system
effluent storage pond be recorded weekly.
Condition IV.7 This condition has been revised to include additional reporting requirements.
Condition IV.9.b This condition has been revised to include the date of infiltration equipment
calibration as a required entry in the maintenance log.
Condition VI.3 This condition states that there are no variances to administrative codes or
general statutes governing the construction or operation of the facilities permitted herein.
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.
Mr. Kenneth Ellis
August 15, 2022
Page 3 of 3
If you need additional information concerning this permit, please contact Lauren Raup-Plummer at
(919) 707-3660or Lauren.Plummer@ncdenr.gov.
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Currituck County Health Department (Electronic Copy)
Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Nadeen Dashti, E.I. Quible & Associates, P.C. (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
H2OBX, LLC
Currituck County
FOR THE
operation of a 60,000 gallon per day (GPD) wastewater treatment and high-rate infiltration facility
consisting of the:
construction/expansion and operation of a 250,000 GPD high-rate infiltration system (Phase 2) consisting
of: two 1.32 acre (2.64 total acres) high-rate infiltration basins, each including 54 spray irrigation heads at
30 feet on centers each with wetted diameter of 34 feet and an operating flow of 7.48 gallons per minute
(GPM); flow to each of the infiltration basins controlled by a valve vault incorporating two electronically-
actuated butterfly valves; and all associated piping, valves, controls, and appurtenances; the
construction/expansion and operation of a 558,756 GPD groundwater lowering system (Phase 2) consisting
of: 2,267 linear feet (LF) of 10-inch HDPE CPP underdrain pipe that discharges to a groundwater lowering
system effluent storage pond (also referred to as a settling/mixing basin); and all associated piping, valves,
controls, and appurtenances; the
continued operation of a 60,000 GPD wastewater treatment facility (Phase 1) consisting of: a manual bar
screen (3/4-inch spacing) with drying rack; a 21,524 gallon mudwell and flow equalization tank with two
165 GPM equalization/sludge return pumps; a 45,239 gallon (anoxic volume), 10,000 gallon (feed/working
volume) anoxic tank with two 220 GPM main reactor feed pumps; two 10,596 gallon main Amphidrome
2
membrane bioreactors (MBR), each with a tank surface area of 142.5 square feet (ft) (89 gallons per inch);
two variable capacity process air blowers; a 17,358 gallon clear well with four 427.5 GPM backwash pumps
and two 92 GPM secondary reactor feed pumps; a 3,808 gallon secondary reactor (MBR) with a tank surface
2
area of 26 ft (22.4 gallons per inch): a 6,000 gallon clear well with two 202 GPM dosing pumps and a 216
GPM polishing reactor backwash pump; two 4 gallon per hour (GPH) carbon feed pumps; two 1 GPH alum
feed pumps; two 1 GPH alkalinity feed pumps; a 202 GPM Aqua Azul ultraviolet (UV) disinfection system;
an effluent flow meter; an auxiliary generator; and all associated piping, valves, controls, and
appurtenances; the
continued operation of a 60,000 GPD high-rate infiltration system (Phase 1) consisting of: a 0.57 acre high-
rate infiltration basin with 27 spray irrigation heads at 30 feet on centers each with a wetted diameter of 34
feet and an operating flow of 7.48 GPM; and all associated piping, valves, controls, and appurtenances; and
the
WQ0038695 Version 1.1 Shell Version 200201 Page 1 of 11
continued operation of a 327,930 GPD groundwater lowering system (Phase 1) consisting of: 1,379 LF of
10-inch HDPE CPP underdrain pipe that discharges to a groundwater lowering system effluent storage pond
(also referred to as a settling/mixing basin); and all associated piping, valves, controls, and appurtenances
to serve the H2OBX Waterpark WWTP, with no discharge of wastes to surface waters, pursuant to the
application received February 3, 2022, subsequent additional information received May 20, 2022, and in
conformity with the Division-approved plans and specificationsconsidered a part of this permit.
This permit shall be effective from the date of issuance through June 30, 2029, shall replace Permit No.
WQ0038695 issued February 24, 2017, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. Upon completion of construction and prior to operation of Phase 2 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-
Discharge.Reports@ncdenr.gov. \[15A NCAC 02T .0116(a)\]
2. The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, at least
two business days in advance of initial operation of the constructed Phase 2 facilities so that the Division
can conduct a startup inspection. \[15A NCAC 02T .0108(b)(1)(B)\]
3. A gauge to monitor waste levels in the groundwater lowering system effluent storage pond (i.e.,
settling/mixing basin) shall be installed within 60 days of the effective date of this permit. Caution
shall be taken not to damage the integrity of any liner (if present) when installing a gauge. \[15A NCAC
02T .0108(b)(1)(B), 02T .0705(c)\]
4. The Permittee shall request renewal of this permit on Division-approved forms no later than January 1,
2029. \[15A NCAC 02T .0105(b), 02T .0109\]
II. PERFORMANCE STANDARDS
1. 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 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. \[15A NCAC 02T .0705(m)\]
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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.
143-215.6B, and G.S.143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. \[15A NCAC 02T .0115\]
7. High-rate infiltration sites permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the infiltrationarea, 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. \[15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-
215.1(i), G.S. 143-215.1(k)\]
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
Currituck 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.
\[15A NCAC 02L .0107(f)\]
WQ0038695 Version 1.1 Shell Version 200201 Page 3 of 11
12. The facilities herein were permitted per the following setbacks:
a. The infiltration sites were originally permitted February 24, 2017. The setbacks for infiltration
sites originally permitted or modifiedfrom September 1, 2006 to August 31, 2018are as follows
(all distances in feet):
1
i. Each habitable residence or place of assembly under separate ownership: 400
ii.Eachhabitable residence or place of assembly owned by the Permittee:200
iii. Each private or public water supply source: 100
3
iv. Non-SA surface waters: 50
3
v. SA surface waters 100
3
vi. Groundwater lowering ditches: 50
vii. Surface water diversions: 50
viii. Each well with exception of monitoring wells: 100
2
ix. Each property line: 200
x. Top of slope of embankments or cuts of two feet or more in vertical height: 100
xi. Each water line: 10
3
xii. Subsurface groundwater lowering drainage systems: 50
xiii. Each swimming pool: 100
xiv. Public right of way: 50
xv. Nitrification field: 20
xvi. Each building foundation or basement: 15
xvii. Each impounded public surface water supply: 500
xviii. Each public shallow ground water supply (less than 50 feet deep): 500
1
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.
3
Setbacks to non-SA surface waters, groundwater lowering ditches, and subsurface groundwater
lowering drainage systems have been reduced from 200 to 50 feet, and setbacks to SA surface
waters have been reduced from 200 to 100 feet because the treatment units are designed to meet
a Total Nitrogen of 4 mg/L and a Total Phosphorus of 2 mg/L.
\[15A NCAC 02T .0706(a), 02T .0706(c), 02T .0706(f), 02T .0706(g)\]
WQ0038695 Version 1.1 Shell Version 200201 Page 4 of 11
b. The storage and treatment units were originally permitted February 24, 2017. 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):
1
i. Each habitable residence or place of assembly under separate ownership: 100
ii. Each private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
2
v. Each property line: 50
1
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 a non-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.
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 take measures to prevent effluent ponding in or runoff from the infiltration sites
listed in Attachment B. \[15A NCAC 02T .0707(c)\]
5. Infiltration equipment shall be tested and calibrated once per permit cycle. \[15A NCAC 02T .0707(d)\]
6. Only treated effluent from the H2OBX Waterpark WWTP shall be infiltrated on the sites listed in
Attachment B. \[15A NCAC 02T .0701\]
7. The Permittee shall not allow vehicles or heavy machinery on the infiltration area, except during
equipment installation or maintenance activities. \[15A NCAC 02T .0707(e)\]
8. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration
facilities. \[15A NCAC 02T .0705(p)\]
9. The Permittee shall dispose or utilize generated residuals in a Division-approved manner. \[15A NCAC
02T .0708, 02T .1100\].
10. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. \[15A NCAC 02T .0705(i)\]
11. 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. \[15A NCAC 02T .0705(l)\]
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12. Freeboard in the groundwater lowering system effluent storage pond (i.e., settling/mixing basin) shall
not be less than two feet at any time. \[15A NCAC 02T .0705(c)\]
13.Agauge to monitor waste levels in the groundwater lowering system effluent storage pond(i.e.,
settling/mixing basin) 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. \[15A NCAC 02T .0707(f)\]
14. 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. \[15A NCAC 02T .0707(g)\]
15. Metering equipment shall be tested and calibrated annually. \[15A NCAC 02T .0707(d)\]
16. 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. \[15A NCAC 02T .0705(k)\]
17. 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 Washington Regional Office, telephone
number (252) 946-6481, shall be notified prior to each cleaning. \[15A NCAC 02T .0707(h)\]
IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
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. 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 groundwater lowering system
effluent storage pond (i.e., settling/mixing basin) 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. \[15A NCAC 02T .0108(c)\]
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7. Three copies of all monitoring data (as specified in Conditions IV.3. and IV.4.) 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-2for every site in Attachment B shall be submitted on or beforethe 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
\[15A NCAC 02T .0105(l)\]
8. 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.
\[15A NCAC 02T .0708(b)\]
9. 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 and results of power interruption testing on alternate power supply;
d. Visual observations of the plant and plant site; and
e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
\[15A NCAC 02T .0707(i)\]
10. Monitoring wells MW-1, MW-2, MW-3, and MW-4 shall be sampled at the frequencies and for the
parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms
and monitoring data shall refer to the permit number and the well nomenclature as provided in
Attachment C and Figures 1 and 2. \[15A NCAC 02T .0105(m)\]
11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form 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
\[15A NCAC 02T .0105(m)\]
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12. Noncompliance Notification:
The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481,
within24 hoursoffirst 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. Ponding in or runoff from the infiltration sites.
Emergencies requiring reporting outside normal business hours shall call
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 Washington 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. \[15A NCAC 02T .0108(b)(1)(A)\]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and infiltration facilities. \[15A NCAC 02T .0707(j)\]
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. \[15A NCAC 02T
.0707(i), 02T .0707(j)\]
3. 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. \[G.S. 143-215.3(a)(2)\]
WQ0038695 Version 1.1 Shell Version 200201 Page 8 of 11
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action.\[G.S. 143-215.6A, 143-215.6B, 143-215.6C\]
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. \[15A NCAC 02T .0105(j)\]
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.
i. to enter the 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. ee 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.
\[15A NCAC 02T .0110\]
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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 Permitteeor any parent, subsidiary, or other affiliate of the Permitteehas 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.
\[15A NCAC 02T .0120(c)\]
th
Permit issued this the 15 day of August 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
____________________________________________
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0038695
WQ0038695 Version 1.1 Shell Version 200201 Page 10 of 11
Permit No. WQ0038695 High-Rate Infiltration System
H2OBX, LLC August 15, 2022
H2OBX Waterpark WWTPCurrituckCounty
E NGINEERING C ERTIFICATION
Partial Final
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:
Firm Name Firm No.
Address
City State Zip Code
Telephone Email Seal, Signature, and Date
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 Delivery
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
WQ0038695 Version 1.1 Shell Version 200201 Page 11 of 11
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GrabGrabGrab
Type
Sample
Version:
Recorder
CompositeCompositeCompositeCompositeCompositeCompositeCompositeCompositeComposite
11
38695
5 x Week5 x Week
3 x Year 3 x Year
2 x Month2 x Month2 x Month2 x Month2 x Month2 x Month2 x Month2 x Month
Frequency
Continuous
Measurement
MONITORING REQUIREMENTS
Daily Maximum
Permit Number: WQ00
Daily Minimum
14
Monthly
EFFLUENT LIMITSGeometric Mean
Attachment A
442
101015
60,000
Average
Monthly
su
GPD
mg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/L
Units of
Measure
#/100 mL
180 ºC
FC Broth, 44.5 ºC
-
Total (as N)
LIMITATIONS AND MONITORING REQUIREMENTS
1.1
Parameter Description
Day (20 ºC)
-
Version
WWTP Effluent (Phase 1)
BOD, 5Chloride (as Cl)Chlorine, Total ResidualColiform, Fecal MF, MFlow, in Conduit or thru Treatment PlantNitrogen, Ammonia Total (as N)Nitrogen, Kjeldahl, Nitrogen, Nitrate Total (as
N)Nitrogen, Total (as N)pHPhosphorus, Total (as P)Solids, Total Dissolved Solids, Total Suspended
EFFLUENT CHARACTERISTICS
38695
001
3 x Year sampling shall be conducted in February, June, and October.
PCS
Code
00310009405006031616500500061000625006200060000400006657030000530
ATTACHMENT A PPI 1. WQ00
3
of
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Page
GrabGrabGrabGrabGrabGrabGrabGrabGrab
Type
Sample
Recorder
111
3 x Year 3 x Year 3 x Year
2 x Month2 x Month2 x Month2 x Month2 x Month2 x Month
Frequency
Continuous
MONITORING REQUIREMENTS
Measurement
8.5
327,930
Daily Maximum
6.5
Daily Minimum
Monthly
EFFLUENT LIMITSGeometric Mean
Attachment A
10
1.5
250500
Average
Monthly
su
GPD
mg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/L
Units of
Measure
180 ºC
Lowering System Effluent (Phase 1)
1.1
Parameter Description
Day (20 ºC)
-
Version
Groundwater
BOD, 5Chloride (as Cl)Chlorine, Total ResidualFlow, in Conduit or thru Treatment PlantNitrogen, Ammonia Total (as N)Nitrogen, Nitrate Total (as N)Nitrogen, Total (as N)pHPhosphorus,
Total (as P)Solids, Total Dissolved
EFFLUENT CHARACTERISTICS
38695
002
3 x Year sampling shall be conducted in February, June, and October.
PCS
Code
00310009405006050050006100062000600004000066570300
PPI 1. WQ00
3
of
3
Page
GrabGrabGrabGrabGrabGrabGrabGrabGrab
Type
Sample
Recorder
111
3 x Year 3 x Year 3 x Year
2 x Month2 x Month2 x Month2 x Month2 x Month2 x Month
Frequency
Continuous
MONITORING REQUIREMENTS
Measurement
8.5
558,756
Daily Maximum
6.5
Daily Minimum
LIMITS
Monthly
EFFLUENT Geometric Mean
Attachment A
10
1.5
250500
Average
Monthly
su
GPD
mg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/L
Units of
Measure
180 ºC
1.1
Cl)
Parameter Description
Day (20 ºC)
-
Version
Groundwater Lowering System Effluent (Phase 2)
BOD, 5Chloride (as Chlorine, Total ResidualFlow, in Conduit or thru Treatment PlantNitrogen, Ammonia Total (as N)Nitrogen, Nitrate Total (as N)Nitrogen, Total (as N)pHPhosphorus, Total
(as P)Solids, Total Dissolved
EFFLUENT CHARACTERISTICS
38695
003
3 x Year sampling shall be conducted in February, June, and October.
PCS
Code
00310009405006050050006100062000600004000066570300
PPI 1.WQ00
BLANK
THIS PAGE
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222
1
UnitsUnits
GPD/ftGPD/ftGPD/ft
Page
Version:
2.552.552.55
RateRate
38695
Application Rate
APPLICATION LIMITATIONSAPPLICATION LIMITATIONS
ParameterParameter
Discharge Application RateDischarge Discharge Application Rate
---
NonNonNon
Permit Number: WQ00
01284 01284 01284
Dragston DragstonDragston
DominantDominant
Soil SeriesSoil Series
Ds Ds Ds
Net Net
0.570.571.321.322.64
AcreageAcreage Attachment B
°°°
0
75.83356675.83356675.83419
LongitudeLongitude
---
°°°
LatitudeLatitude
36.11321936.11321936.112611
(Phase 2)
AREA INFORMATIONAREA INFORMATION
CountyCounty
CurrituckCurrituckCurrituck
WWTP (Phase 1)WWTP
INFILTRATIONINFILTRATION
APPROVED LAND APPLICATION SITES AND LIMITATIONS
OwnerOwner
OBX Waterpark OBX Waterpark
1.1
22
H2OBX, LLCH2OBX, LLCH2OBX, LLC
HH
Version
38695
B
AA
SiteSite
TotalsTotals
ATTACHMENT B H2OBX, LLCH2OBX, LLC WQ00
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1, 61, 2
Version:
1, 4, 51, 2, 3
Footnotes
esent the naturally occurring TOC
38695
GrabGrabGrabGrabGrabGrabGrabGrabGrab
Calculated
Sample Type
ling and analysis as described above.
ted to identify the individual constituents comprising
MONITORING REQUIREMENTSby the DWR Laboratory Certification Unit. Any constituents
Regional Office supervisor, telephone number (
shall be conduc
Permit Number: WQ00
and this attachment.
.
Washington
3 x Year3 x Year3 x Year3 x Year3 x Year3 x Year3 x Year3 x Year3 x Year
Annually
and 2
1
October
s
Frequency Measurement
each well shall be measured from the surveyed point on the top of the casing. The measurement
su
feet
provided in Figure
mg/Lmg/Lmg/Lmg/Lmg/Lmg/L
#/100 mL
Present: Yes/No
up analyses required.
Attachment C
-
Daily Maximum
The depth to water in
surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of
8.5
.
-
10
1.5
250500
; Annual monitoring shall be conducted in
6.5
GROUNDWATER STANDARDS
ble VIII of Standard Method 6230D.
October
4
-
yze by one of the following methods:
, and
ne
, Ju
only, anal
3, and MW
-
February
October
MW
surveyed relative to a common datum.
In
-
2,
180 ºC
-
FC Broth, 44.5 ºC
-
-
1, MW
If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration will be taken to repr
-
.
Parameter Description
GROUNDWATER MONITORING AND LIMITATIONS
1.1
y exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional samp
ells: MW
er method with prior approval by the Water Quality Permitting Section Chief
W
Carbon, Tot Organic (TOC)Chloride (as Cl)Coliform, Fecal MF, MNitrogen, Ammonia Total (as N)Nitrogen, Nitrate Total (as N)pHPhosphorus, Total (as P)Solids, Total Dissolved Volatile Compounds
(GW)Water Level, Distance from measuring point
Version
GROUNDWATER CHARACTERISTICS
EPA Method 8021, Low Concentration, PQL atAnothA laboratory shall be DWR certified to run any method used.The method used shall include all the constituents listed in Tadetected above
the MDL but
38695
olatile Organic Compounds (VOC)
3 x Year monitoring shall be conducted in The measurement of water levels shall be made prior to purging the wellsof pH shall be made after purging and prior to sampling for the remaining
parameters.The measuring points (top of well casing) of all monitoring wells shall be casing) of all monitoring wells shall be Va.b.c.d.e.Any method used shall meet the following qualifications:a.b.
c.If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the shall be contacted immediately for further instructions regarding
any additional followIf TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysisthis TOC concentrationconcentration.
AnMonitoring wells shall be reported consistent with the nomenclature and location information
006800094031616006100062000400006657030082546
GWVOC
PCS Code
TTACHMENT C
AMonitoring 1.2.3.4.5.6.7.WQ00