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HomeMy WebLinkAboutWQ0006085_Application_20230215BRUNSWICK COUNTY PUBLIC UTILITIES OPERATIONS CENTER 250 GREY WATER ROAD NE SUPPLY, NORTH CAROLINA 28462 MAILING ADDRESS POST OFFICE $OX 249 BOLIVIA, NORTH CAROLINA, 28422 February 15, 2023 Mr. Nathaniel Thornburg, Supervisor DEQ Non -Discharge Permitting Unit 1636 Mail Service Center Raleigh, NC 27699-1636 re: Ocean Isle beach WWTP- WQ0006085 Permit Renewal Tear Mr. Thornburg: TELEPHONE (910) 253-2657 FAX (910) 253-4305 Attached is the permit renewal for the Ocean Isle Beach WWTP (WQ0006085) with all required attachments in a single PDF document. Based on a conversation with Ms. Lauren Raup- Plummer, it was requested that we separate and identify in the renewal permit the offsite conjunctive reuse for the Ocean Ridge Golf courses (900,000gpd) which has been completed in Section IX- Utilization Fields (submitted as requested). Should you have any questions please feel free to contact me directly. I can be reached at (910) 253-2485 or by email: Donald. dixon�,brunswickcountTnc.gov Sincerely, Donald Dixon, Deputy Director BCPU m�°Agw►Cx t C State of North Carolina DWR Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02U —RECLAIMED WATER SYSTEM RENEWAL FORM: RWS-R 02-21 Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A NCAC 02T .0100, 15A NCAC 02U, and Division Policies. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch weki5jjS The Applicant shall submit an electronic copy of the application and attachments uploaded as a single Portable Document Format (PDF) file to httns://edocs.deci.nc.gov/Forms/NonDischar2e-Branch-Submittal-Form-Ver2, or emailed to Non-Dischargc.Repo rtsi.d-ncdenr.gov if less than 20 megabytes (MB). SECTION I — APPLICANT INFORMATION 1. Applicant: Brunswick County 2. Permit No.: WQ006085 3. Signature authority: John Nichols, PE Title: Director of Public Utilities Phone number: (910) 253-2657 Office Email: john.nichols@brunswickcountync.gov 4. Mailing address: Post Office Box 249 City: Bolivia 5. Contact person: Donald Dixon Primary phone number: (910) 253-2485 Office State: NC Zip: 28422- Email: donaid.dixon@brunswickcountync.gov Secondary phone number: (910) 612-7463 Cell SECTION II — FACILITY INFORMATION 1. Physical address: 6049 Yarborough Street SW County: Brunswick Parcel No.: 2280001016 City: Ocean Isle Beach State: NC Zip: 28469- 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 39.918877' Longitude:-78.450557' Method: Aerial photography with ground control SECTION III — FLOW INFORMATION 72As-mbuilt eritted flow: 1050000 GPD (The maximum allowable flow based on what has been permitted) flow: 105000 GPD {The maximum allowable flow based on what has been constructed} 3. Average flow: 369411 GPD (The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 35 % (Divide the average flow in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic: 100 % Industrial. 0 % Stormwater: 0 % SECTION IV —BILLING INFORMATION 1. Billing address: Post Office Box 249 City: Bolivia State: NC Zip: 28422- 2. Verify the Applicant does not have any overdue annual fees: https://deg.nc.gov/about/divisions/water-resources/water-resources-perm its/wq--epayments Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has an unpaid annual fee. FORM: RWS-R 02-21 Page 1 of 6 SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION (NOT APPLICABLE FOR CONJUNCTIVE SYSTEMS) 1. ORC: Jeffrey Scott Leonard Grade: IV Certification No.: 993816 Mailing address: 1123 Serotina Drive SE City: Bolivia State: NC Zip: 28422- Phone number: (910) 880-1999 Cell Email: scott.leonard@brunswickcountync.gov 2. Back -Up ORC: Aaron Hewett Grade: IV Certification No.: 993734 Mailing address: 4 Fairway Dr City: Shallotte State: NC Zip: 28470- Phone number: (910) 269-7400 Cell Email: aaron.hewett@brunswickcountync.gov SECTION VI —OPEN -ATMOSPHERE STRUCTURES I. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if necessary. Type Parcel No. Volume (gal) Liner Type Freeboard (ft) Latitude Longitude 5-Day Upset 2280001016 18,930,000 Full, clay 2 33.917322" -78.4495040 Treatment 2280001016 1,050,000 Full, concrete 2 33.918680° -78.4511290 Storage 2280001016 22,900,000 Full, clay 2 33.9218130 -78.449273" Storage 2280001016 250,000 Full, clay 2 33.9187540 -78.449819" SECTION VII — RELATED PERMITS 1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit. Attach additional sheets if necessary. Permit Type Permit No. Relationship Type Residuals WQ0034513 Residuals Residuals WQ0034468 Residuals Collection System WQCS00284 Discharging collection system Collection System WQCS00277 Discharging collection system SECTION VIII — MONITORING WELLS I . List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary. Well Name Parcel No. Status Gradient Location Latitude Longitude Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° Select Select Select ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select 0° Select Select Select ° ° Select Select Select 0° FORM. RWS-R 02-21 Page 2 of 6 SECTION IX — UTILIZATION FIELDS I. List all utilization fields associated with the renewing permit. Attach additional sheets if necessary. Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 1 Brunswick 2280001016 Brunswick County 7.86 Grass 33.9147730 -78.4485540 2 Brunswick 2280001016 Brunswick County 7.86 Grass 33.924289" -78.4580630 3 Brunswick 2280001016 Brunswick County 7.86 Grass 33.9237660 -78.4600630 4 Brunswick 2280001016 Brunswick County 7.86 Grass 33.9248990 -78.4552220 5 Brunswick 2280001016 Brunswick County 7.86 Grass 33.922010 -78.4585290 6 Brunswick 2280001016 Brunswick County 7.86 Grass 33.922680" -78.4554240 7 Brunswick 2280001016 Brunswick County 7.86 Grass 33.921235" -78.4565790 8 Brunswick 2280001016 Brunswick County 7.86 Grass 33.919944" -78.4581910 9 Brunswick 2280001016 Brunswick County 7.86 Grass 33.9212440 -78.4550030 10 Brunswick 2280001016 Brunswick County 7.86 Grass 33.9201790 -78.4543140 11 Brunswick 2280001016 Brunswick County 7.86 Grass 33.918401 ° -78.4558570 12 Brunswick 2280001016 Brunswick County 7.86 Grass 33.9188170 -78.4542290 13 Brunswick 2280001016 Brunswick County 7.86 Grass 33.9168150 -78.4529070 14 Brunswick 2280001016 Brunswick County 7.86 Grass 33.9157750 -78.4526860 15 Brunswick 2280001016 Brunswick County 5.90 Pine Trees 33.9260990 -78.4514410 16 Brunswick 2280001016 Brunswick County 8.57 Pine Trees 33.9264680 -78.2655000 17 Brunswick 2280001016 Brunswick County 7.46 Pine Trees 33.9268280 -78.449968' 18 Brunswick 2280001016 Brunswick County 7.85 Pine Trees 33.9240120 -78.4515970 19 Brunswick 2280001016 Brunswick County 7.19 Pine Trees 33.5453000 -78.265500' 20 Brunswick 2280001016 Brunswick County 8.69 Pine Trees 33.9229070 -78.4626890 21 Brunswick 2280001016 Brunswick County 8.11 Pine Trees 33.9223280 -78.4645680 22 Brunswick 2280001016 Brunswick County 14.05 Pine Trees 33.9212260 -78.4619070 23 Brunswick 2280001016 Brunswick County 13.16 Pine Trees 33.9205680 -78.4640020 0 0 Offsite irrigation Conjunctive 0 - 0 Lion's Paw Brunswick Ocean Ridge Plantation Golf, Inc. 92.50 Grass 33.9438630 -78.4924110 Panther's Run Brunswick Ocean Ridge Plantation Golf, Inc. 84.90 Grass 33,9382050 -78.4894120 Tiger's Eye Brunswick Ocean Ridge Plantation Golf, Inc. 76.30 Grass 33.9350070 -78.4833770 Leopard's Chase Brunswick MAS Properties, LLC 120.50 Grass 33.9278890 -78.4664310 0 0 0 0 0 0 0 0 0 0 0 0 FORM: RWS-R 02-21 Page 3 of 6 O O Total Acreage: I ATTACHMENT A — SITE MAP I Was the facility originally pennitted or had a major modification issued after September 1, 2006? ❑ Yes — Pursuant to .1 iA NCAC 02T _0105(d ), submit a site map pursuant to the requirements in 15A NCAC 02U ..Q0 d . These requirements are: ❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility -related structures and fences within 500 feet of the treatment, storage, and utilization areas. ❑ Soil mapping units shown on all utilization sites. ❑ Delineation of the compliance and review boundaries per I.5A NCAC 02l1 .050I (a)(6). ❑ Setbacks as required by 15.A..Ir(;AC 021, _0701. ❑ Site property boundaries within 500 feet of all treatment, storage, and utilization sites. ® No Skip Attachment A. ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section I, Item 3 meet the requirements pursuant to ,IAA NCACP2 ..91 ffih ? ® Yes — Skip Attachment B. ❑ No —Submit a tlele-ation --W= pursuant to 15A NCAC 02T .0l 6f c) authorizing the signature authority to sign. I ATTACHMENT C — FLOW REDUCTION Does the existing permit include an approved flow reduction? ® Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in II SA NCAC.02T JU14(1). ❑ No — Skip Attachment C. _V" ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately -Owned Public Utility? ❑ Yes — Pursuant to 15A NCAC 02T_01 15 a I , submit the Certificate of Public Convenience and Necessity from the North Carolina llti litic5 Commission demonstrating the Applicant is authorized to hold the utility franchise. ® No — Skip Attachment D. ATTACHMENT E — OPERATIONAL AGREEMENT Is the Applicant a Homer Property Owners' Association or Developer of Lots to be Sold? ❑ Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .It 1 15(a)(2), submit an executed Ck7erationat Agreement (FORM: HOA). Pursuant to 15A NCAC 02T .01 15(c}, if the applicant is a legally formed Homeowners' or Property Owner's Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ❑ Yes (Developer of Lots to be Sold) — Pursuant to ISA NCAC 02T .0115(a)(2), submit an executed Operation li Agreement (FORM: DEV). Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ® No — Skip Attachment E. FORM: RWS-R 02-21 Page 4 of 6 ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES Is the applicant a municipality, county, sanitary district, or public utility? ® Yes — Proceed to the next question. ❑ No — Skip Attachment F. Does the hydraulic capacity in Section III, Item 4 exceed 70%? ❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) -- Pursuant to 15A NCAC 02T.0 118(I ), prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. ❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question. ® No — Skip Attachment F. If answered Yes above, does the hydraulic capacity in Section II1, Item 4 exceed 80%? ❑ Yes (the hydraulic capacity is greater than 80%) Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. ® No — Skip Attachment F. jw.., ATTACHMENT G -• EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and utilization system? ❑ Yes — Skip Attachment G. ® No - Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and utilization system on property not owned by the Permittee. ATTACHMENT H -- AFFILIATIONS Are the Permittee's affiliations of record correct? Check affiliations. ® Yes — Skip Attachment H. ❑ No — Provide the corrected affiliations and their contact information. ATTACHMENT I — COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit) ❑ Yes — Submit documentation that the compliance schedules have been met. ® No — Skip Attachment I. ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS Does the Permittee have any existing civil penalties or outstanding violations? ❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request. ❑ Yes (violations) — Submit a copy of your response to the Notice of Violation. ® No — Skip Attachment J. FORM: RWS-R 02-21 Page 5 of ATTACHMENT K — INDUSTRIAL WASTEWATER Does the wastewater composition in Section II1, Item 5 include any industrial wastewater? ❑ Yes — Proceed to the next question. ® No — Skip Attachment K. Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of new materials or chemicals, etc.)? ❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02U .0201(.i. Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ATTACHMENT L — SETBACK WAIVERS Does the existing permit include setback waivers? ® Yes — Pursuant to 15A NCAC 02T .0701(a), provide setbacks waivers that have been written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. ❑ No — Skip Attachment L. APPLICANT'S CERTIFICATION attest that this application (Signature authority's name as noted in Section I, Item 3) has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120(b), that the applicant, or any parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b}. An alternate person may be delegated as the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any j person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may inclu a fine n t1t ed $10,000 as well as civil penalties up to $25 000 er violation. Signature: Date: z `S ZoZ THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Email: Non -Discharge. ReportsQ,ncden r.gov Lasertiche Upload: httus:lledocs.dea.nc.gov/Forms/NonDischarge-Branch- Submittal-Form-Vert FORM: RWS-R 02-21 Page 6 of 6 PL a 4 ir Ll d o cc m' ._ u 3 1 -= I� Water Rgsources ENVIRONMEN AL QUALITY May 23, 2018 Ann B. Hardy, County Manager Brunswick County P.O. Box 249 Bolivia, NC 28422 Subject: Adjusted Daily Sewage Flow Rate Approval Brunswick County (WQCS00284) Dear Ms. Hardy ROY COOPER GO venror MICHAEL S. REGAN S. ,:arp LINDA CULTEPPER Infe)1m (Director On February 16, 2018, the Division of Water Resources (Division) initiated a review of the existing Brunswick County flow reductions to develop a comprehensive flow reduction that would apply to all permitted but not yet tributary residential connections and all future residential connections within the Brunswick County service area. In accordance with 1SA NCAC 02T .0114(f)(2), the Division has evaluated the existing flow reductions as granted to various portions of Brunswick County, and based on input from the Wilmington Regional Office as well as h°storical data for the county and the Division of Water Infrastructure (DWI) guidance, the Division hereby approves for use by Brunswick County an adjusted daily sewage design flow rate with the following conditions: • The flow reduction is applicable to residential single family dwellings only. • The minimum flow for 1 and 2 bedroom dwellings shall be 140 gallons per day. • Each additional bedroom above two bedrooms shall increase the volume by 70 gallons per day per bedroom (e.g. three bedroom homes shall utilize 210 gallons per day). • This flow reduction shall not apply to sewer extension applications and/or permits for any other public or private organizations whose wastewater flows are or might become tributary to Brunswick County collection system (WQCS00284). o The flow reduction may be applied to sewer extension applications and/or permits where the permitted development shall be transferred to Brunswick County upon completion. • This flow reduction is only applicable for developments with flows tributary to the current existing wastewater treatment facilities, and shall supersede any previous flow reductions granted to developments tributary to the following treatment plants: o Carolina Shores WWTP (NC0044873) o Northeast Brunswick Regional WWTP (NC0086819) o Shallotte WWTF (WQ000798) o Ocean Isle Beach WWTF (WQ0006085) `-',Nothing Compares '�,f Statc of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 Brunswick County WQC500284 o Sea Trail WWTF (WQ0012748) o West Brunswick Regional WRF (WQ0023693) • Per 15A NCAC 02T.0114(e)(2), this flow reduction shall not apply to residential property on barrier islands and similar communities located south or east of the Atlantic Intracoastal Waterway used as a vacation rental as defined in G.S. 42A-4. Such residences shall use 120 gallons per day per habitable room. Previous flow reductions as listed in the March 18, 2004 flow reduction approval for 904 Georgetown (185 GPD per 3-bedroom unit) and Bald Head Island (305 GPD per unit) shall remain in place, as they do not connect to Brunswick County's collection system. This flow reduction must be reevaluated and approved by the Division prior to application to any future Brunswick County treatment facilities. Future sewer extension applications should be made using the flow reduction amount stated above. All other aspects of the permitting process remain unchanged, and all applications must comply with the statues, rules, regulations and minimum design criteria as certified by the owner and engineer. Regardless of the adiusted design daily wastewater flow rate at no time shall the wastewater flows exceed the effluent limits as defined in the permit for the treatment facility or exceed the capacity of the sewers downstream of any new sewer extension or service connections . The granting of this flow reduction does not prohibit the Division from reopening, revoking, reissuing and/or modifying the flow reduction as allowed by the laws, rules, and regulations contained in 15A NCAC 02T, NCGS 143-215.1, or as needed to address changes in State and/or Federal regulations with respect to wastewater collection systems, protection of surface waters and/or wastewater treatment. If you have any questions, please contact Christyn Fertenbaugh, P.E., at (919) 807-6312, or via email at Christen.Fertenbaugh@ncdenr.gov. Sincerely, & '" Awt-,-- for Linda Culpepper Interim Director, Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response and Collection Systems Branch Cc: William Pinnix, P.E., Brunswick County (Will iam.PinnixjTbrunswickcountync.gov) John Nichols, P.E., Brunswick County (John.Nichols@brunswickcountync.gov) Wilmington Regional Office, Water Quality Regional Operations Central Files - Brunswick County Collection System (WQCS00284) Central Files— NC0044873, NC0086819, WQ0000798, WQ0006085, WQ0012748, WQ0023693 PERCS (electronic copy) 13,Ro I -f I r N M a0 lD ri 00 m N O1 N tO r1 a -I Gl ^ LO LO Ln Ln W r� w N Gl � L o L 0 � C d :3 0 LP u u M q* d d' C m m m Ln Ln In Ill Ln m Ln Ln Ln o m Ln Ln m m Ln Ln Ln Ln Ln m Ln of --:t qr 4 c c 0 u m 4-1 0 H rn rn rn r. r r- r- rn rn r. r. r-- r. r- r r- r- r r r, r. r• r• r• Cr 0 (n Q1 (n Cn M d1 0) iT M m C 0 v T c c 7 � 0 0 u u r- r r. r% r• rn rn rn rn r` rl% r- M r` r• n r- n r- n t` n r- r- r` C m m o Ln Ln m m Lo Ln Ln Ln Ln o m ry rrm rn m M M cr rn rn rrm rr 41 �7 C c 0 u m O t 0 3 �Lni M N Ln � M N O m N r- Q— LU N Q1 N M w w 0 N n Ln LL O 0o LO rl -it rl of M Q 4J M M O N m O r- to � N LO n n Ln Ln l* m m N N N m m m u1 � � c c-i r-I -4 -1 c-I -1 N N N N N N N N N N N N N N N N N N L 3 :3 UJ U O a) IG N m C- m 3 c Q Ln O z o LL a O 2 NORTH CAROLINA BRUNSWIM COUNTY Brun ck or Deeds Robeart J. Robineon 111st UM84 book 24IMbge 658 06/23/2006 08:36-.64m am# 0.'7Ta, j7 HEY -7 TOTAL -*t A6V TCf_.EQ.� RECI-:.'ll Akt JMnCi<111. M CASH_.r._._R'f......_ .ilv Reuse water Agreement THIS REM WATER AOR13 IENT (the "Agve mane) is made effective as of 2006, by and among MAS Psepeeties, "C. and Ocean Ridge Phmtatisn C.*K Ina (oollediWIN tide `Golf Cause Owners", which tam shall include Choir suooearsms and assigns as owners of the Golf Courses (dcfinod below)h CoasW Commmaities at Ocean fudge PiamWdOn, Inc. (the "Dever Wej and Braaswidc County (the "Cow3"9• WHEREAS, the Golf Course Owners own pmcels of land comprising four eighteen -hole golf courses known or to be known as Lichee Paw, Panther's Rum, Times EM and Leopard's Chats,, which courses are known or to be known collectively as the Ocean Ridge Phuuttation Golf Cou mel. lacaated in the development known as Ocean Ridm near the Town of Ocean Isle Beads in Bnurtswiek County, Nodb Caroline, and such causes being nefexeneed as the four golf sou= shown and desar'bed on that certain Planned Unit Development Madeu Plan for Ocean Ridge Phtntadon, dated November, 19K ravlsed Docembet 18, 2001, and approved by the Bnmswkk County Plamdng Board on January 2, 20M, as amended from tints to time (such golf causes being aferred to horcin as the "Golf Courses" ); WHMMAS, MM Properties, L.L.C. and Developer own or wiU own the remainder of the Ooaa Ridge development in which the Golf Courses are located; WIMMEAS, puusnaot to that OMUM Sower Service Agreeemeot (the "Sewer 3ervloe Agreement") bating entowd into by the County, MAS Properties, i..h..C., Developer and Ocean Isle Pains, be.. the County wM own and Waste a facility known as the Ocean Ridge Wastewater Sir Plant (the "Ocean Ridge Fecility"); WHEREAS, the County will eonsbW a pump station to pump waatawatesi $nm the Ocean Ridge Paality to dw a &oility known as the West Bmnwick Regional W=Wwdw Tmatmemt Facility (the "Regfonai FaahV'% and the County inmmds to pump an waftewow brat 1 33/284 Hoot 2425irage: 659 lily originating from lupsly described in we Sevw Service Agroament to the Regiond Feor7ity, WHEREAS, tfo Coa* has agreed to terminate its Reuse Water Agreement and aaferrd Its Sewer Service Agreement, is both cares with respect to the deMopmew (including a golf course} located in Brunswick County and known as Angelis Tram in accordance wish a Termiaatioo of Reuse wets Agreement and Amendmew to Sewer Service Agreement made in oc4mcdon herewith (dw Tamimtioa AgreemarO; WHEREAS, the County has agreed to supply trested effluent reuse water to the Golf Courses for QrigWon purpaaes, and the Oolf Course Owners have Agreed to accept up to a ceatam amount of traded affiumt reuse water for irrigation of the Ooff Coulees fords the to. described harfa, mciuding wilt limitation the conditian dot the Termination Agteement be etiiectuated. NOW, 77EFORE, for and end valuable consideration, the ram* and m0c:ieaq of which an hereby arrbwvAedged, the parties harolo agree as follows: I. Proisions ad &ennot M of Reese wnter. Upon conveyance of the Ocean Ridge Facility to the Conut:jr, & County shelf errs *tease water to the Goff Course owners, without cost to the Goff Course Owners, and the Goff Course Owners shall accept sorb rem water floe irrigpti of fife Golf Courses, err portions t uwt The Oolf Course Owners egroe to aoeapt up to 900,ODO OPD of reuse water for irrigation of the Goff Courses, subject to applicable permit requirtmentL Until dismmtfing of the Ocean Ridge Fac ffty has commenced in s000rdance with the terms of the Sewer Service Agreement, however, dw Golf Course Owners shad have no obligation to acoept reuse water 5om any facility odxw than the oo m Ridge Facility. Tfw Portions of the Oolf Courma to roaive rouse wets shall be dot mined moldy by the Golf Course Owners in accordance Wig applicable Permit requkemeals. The Golf Course Own= are not required by fire tams hereof to modify the Golf Courses in any Way to allow an lncraaAa in tits amount of reuse water that is to be accepted fbr irrigation of the Golf Comm hereunder. The Goff Course Owners shelf have the tight, but not the obliption, bowever, to transfer a pmlm of the cross water provided hatuaider to other suitable mean in Ooem Ridge permitted for aooepW= ofteusa water wltb the cooperation of dm Developer. While the oo m Ridge Facility is being operated, the County shall not supply tease water flom the oown Ridge Fw ty to any other Propaiy Without the Written consent of We Golf Course Owners. The Golf i Course Owners, the Develops and the County shall 000pm to to modify or obWa required permits for irrigation of the Galf Courses and/or other eras in mocadance with this Agreement. i 2. Rwmkioadon8toreae Ponds and Iseuse W l j= The Golf Course Owners lave coed roue irrigation storage ponds to receive reuse wow form the Oom Ridge i FeccAity (or, anon the pump station bas been constructed, the Regional Faa ft). The doff Course Owners and the Developer shell provide accessary commena for a reuse Water line S+om public rights of way to said reuse irrrigetion amp ponds and far it ocmoction to the existing rem water line to the ftrigation ponds on the Golf Courses. Such eaeemeats shall be located in the places chosen by the than-o%o of the property to be burderred theft err rice tlme of the t+wcsrc 2oossaova Pap 2 of 7 Inst 4 337281 nook 241SPa qe: 660 eswbUshment of such amments The County, at its vPm+ abut! digs, engimer, pit+ oanstiuct, install, operate and —noun to rem water lino fivm dw Regional Facility to the irrigation pads on the Golf Courses. 3. The Golf Cann Owners shall own. operate and mamtein the iaigation storage ponds hosted on the Golf Coutnk and the irsigWm lines, pipes, props and other equipment used to irrigate the Golf Courses. 7be Golf Course Owns shall provide a outfied spray iaWbon operator at all times in aocmdamoe with 15A NCAC $0. inchAng site visitation requirements. The mere aesd"c desires or optimal mnnegermemt of the Golf Course Owners shell not be katifiabk reasons for violating perout conditions related to unptio% but the Ooif Course Owners shall have the right to suR and acceptance of rouse water doming any period in which the water does not meet applicable regnirmmats or standards, or in which acceptance of the reuse wow world Mealy damage or endanger health or pra". in the event that the Golf Course Owners fdl to operate and mteirdain the irrigation system so as to provide for aooeptaom of reuse wafer in moordsnoe with this Agreement, them the Cotmty shall have the right to eater %= the Golf Courses to perform such operation and maintenance 4. The Courtly shall provide to the Golf Coupe Owners copies of ail permits, renewals, notices and coneWondmteo fiom DWQ or any other regulatory authority with maspecf to the memo water and spray irrigation systems. All sane water provided by the Conroy shall meet the requituma and tienderds of applicable law and permits. TU County shall be reslton4ibio for oendueting all sampling and testing of the traited waabcwater emuent, as required by ap umme pmWtL 'Ilse irrigation operator shall maintain reoords tepuft irrigation of the Golf C.ourns, as required by applicable pemrits, and such information shall be provided to the County in a timely manner. The County shall be responsiblo for maintaining records regarding rearae wateriagow to the Oolf Course ponds, and for n halting all ►roqubW reports regrading such anus water to DwQ. in the event that a civil penalty is assessed against the County by DWQ for any permit violation for which the Golf Curse Owners are regnmble, the Golf Comm Owners shall rarer the amount of the petunity to 00 County far paymad to DWQ, provided that the Oolf Comae Owners shall bwe fhe right to eaateat any alleged vioWdm and the County shall cooperate for that purpose. The County shall timely pay any civil penalty that results from a permit violation for whki the County is responsible. 5. C=mmdm llampmb, 7be County aolcnowledgm that the Golf Course Owners and the Developer may desire to establish conservation easements or the Golf Courses, utility easeatent areas associated with the reuse water irrigation syaoemrs or portions of either areas. The C=Ity agrees to cooperate in say attempts to establish such emernents should rho Golf Course Owners or the Developer elm to establish conservation easements and desire County assuttmoe in such regard. 6. 'Cam: Madificadaas The initial tens of this Apvmnemt shall be fifty (50) years, and such term shaU mrtomadally be extended for successive periods of tan (10) years unless t unumated as hereinafter provided. Ito Golf Course Owners end Um County shall emb, have the wCSR 200660M Page 3 of 7 Inst # 337294 Book 24LWage: 661 tight to ttoilaterally terminate their obligations hereuodw as of the etpiratiin ofthe inW turn or any cdmsdm thereof by giving written notice to the other party at least tea (2) yew prior to such a Vitallm data Any other tumina&m% madMmtbm or amendment shall be in writing speodioally referring to this Agntarneat cad signed by the patties wheaa obligatons are af&cted by such rteAfioation or emendmeal- 7. Q2difism to Ammmmt It is a tttaterial ooutdW= to the melting of this Agree mad by rho Golf Cotase Owners, and the obligation of their pa bonaaoe hammilay that the Crusty enter into and lronar its oW*sboas under rho Sewer Service Agreement and the Term wdm Agreement. Such condition may only be waived by the Golf Course Owners and solely at their discretion. At its discretion, the Golf Canis Owners may assign their waiver Tights hemunder by providing wrhtt D notice thereof to the County; no oonaeot of the CM* to such assig®mt is necessary. B. Suooaesoss and Aasham. 'Ibis Agreement shall be binding on and shall iame to the benefit of the parties bercto and their respoodve successor in burest. Tlm Golf Course Owners shall have the tight to convey all of portion of the Golf Cautses, without the consent of Brutmwich Cm*, provided that any couvaymce of nay portion of the Golf Courses that is permitted by DWQ for reuse. water irrigation shell be made subject to the provisions of this Apmu=t. In the event that the Golf CDu se Owners convey the utthe portion of the Golf Cornea that a parmhteed &r name water migadak snub convoyaooe shah be deemed to have been made subject to this Agmetuust, and the Oolf Comae Owens shall have no f:ndiu obligadM hetetmder. Otherwise, die panties hereto shall not have the right to assign any of their obligations hereunder under without the prior wrium consairt of the other patties. 9. This Age maK together with the Sewer Service Agreement and the Tetmina m Agmmnau, constitutes the entire uxkrdudmg of the parties hereto, tevolms and mgxamdes all prior agm=cnts betwom or atunng the patties Ieto (whether written or oral) with respect to the suldect matter hereof, and is intended as a llinal m*aeWm of their mutuei understanding. No waiver by my party hucto of any defeuht shall be doomed a waiver of any prior or subsequent default under the same or other provisions of this Arumem This Agreemaent ratty be oxauted tin my mmmber of oom*oq e t mgsature [rages (mcluding tamim& counterpart sign ben pages), each of which shall be deemed an original and all of which, taken together. shall constitute one and the same instrument. This Agreement shall be governed by the Iaws of the State of North Caroliaa. 94maiadar of page Wmdonelly left blaa l watt messooYa PmP 4 of 7 Iaat i 337284 Book 24ON gs: 662 IN WI1 MS WHEREOF, the pea = beetsto have caused this AVeamaot to be daffy cmaAed as of the day and year Hest above weinm MA Dr. Oce Coamtal Cemmmdd a at Ckepiige Ph ntatlon, Inc, By- m the Baaud CbNL ' . Chdum 'ifs hsftwW has ben Draaadlted In" MOW a^a�Wmd b/ the Lacel Aorernm M 8nd�t and ftul '09" 04. 1 Ann 9. Hm*. Rwoe 0iractor Bnwaaldc Cv", Nam town a'= 200"00M Page S of 7 mat ! 337204 Book 241SPoge: 663 NORTH CAROU NA _ 'ARuM—SAI-k COUNTY l catifY that the following persons) personally appeared before me this days aech wkwwlad&g to me that be or ahe vohmtadly dgaed the fun phg dom ems fnr the pmgKm stated &cram end in dw capacity indicated: A hi Ar Atiogr4r, [, C C, Data: Z2 Jtruf 20K 4 J, � _ T . Notary Public rMrrr. 1►'�1' commisdao =pim: �►OTAl;r ► Z zoo j°UBL% i • [OMCIAL SEAL) CK■Op NORTH CAROLINA lk►.��.. • e 1 cm* that the Mowing person(o) personalty appeared bdm me this day, oath sclmowkKii Q to tee that he or she vohmuft signed the forepW document for the purpose stated therein and in the ogmity indicated k% �et*�•G�tf rw Data 0. fv- ! 010 Late Notary Public Mg novel Arty commission expires: rote —� �i ew "" Cwft ANIB: Y. BAII'tFI0L0YtEw [OMCM SEAL) waasigw ' wcvr anos600, a Page 6 of 7 Tnet 1 337284 Book 247Wap. 664 NORTH CAROUNA wkym glck COLWN I =0 that the following pawn(s) paro=dV appemnd before the this day, each wkwwtedgittg to ins that he or she volimmrity signed the [ongoing document for the purpose dMad therein and in the sty indicated s+ w r cs Ar OCE4W R,ot,c Dow- J lu—Mf 205 IL "Mow_ Notary Public .1r-.� f•. HED %, Il7lGfl My commission ctpins: ME ZOV7 [OFFICIAL SEAL] N❑❑O��RTH CAROUNA d.�lLtls4jie,k COUNTY I cattily that the fallowing parsons) personally appaaod before me this day, each sclmowledgiag to me that he or she voluntarily dgned the foregoing document for the pwpose atseed %W4n and to the capacity indicated: OAy 1 la R • _ -SA n e i p re , n.ka i R lwwrg) aryiftchwfs): t ant My awtmisdoo emnim: [OFFICIAL SEAL] WCBt 20066*4 c. #MAgI.r: A�6LIG�ci Page 7 of 7 Brunswick County Public Utilities Ocean Isle Beach Regional WRF Operation and Maintenance Plan Description Influent to the plant flows through an influent ultrasonic flow meters which continuously monitors the influent flow to the facility. Flow is then directed through the headworks system which provides preliminary treatment (screening and grit removal) necessary to prepare the wastewater for subsequent biological treatment processes. The plant headworks consist of a mechanical bar screens with an auxiliary manually cleaned bar screen, a vortex grit removal system with associated 100 gallons per minute (GPM) air lift unit and adjustable flow splitter box. From the headworks the flow is directed to one of three 422,500-gallon sequencing batch reactor (SBR) tanks each with a 100 GPM sludge wasting pump and three 1,595 cubic foot per minute (CFM) positive displacement blowers. The flow continues through a traveling bridge filter unit consisting of two 507 square foot filter beds discharging to one of two 4,900 gallon clear wells with two 400 GPM pumps returning the backwash water to the head of the plant. The effluent flow is monitored by a turbidmeter and disinfected by UV. The effluent disposal system is a 1,032,000 gallon per day reclaimed water utilization system consisting of a 250,555 gallon pump well with a lined wet weather storage of 22.5 MG. There are two 400 GPM pumps and two 700 GPM pumps with flow meters to irrigate 191 acres of utilization area General Operational Requirement and Plan The Ocean Isle Beach Regional WRF will employ appropriately certified wastewater treatment plant operators on staff to operate, monitor, and maintain the treatment process and equipment. General operational responsibilities include, but are not limited to the following: 1. Comply with NCDEQ rules and regulations. 2. Monitor, operate, and maintain the treatment facilities. 3. Maintain required records of treatment operations, maintenance, residuals disposal, effluent flow and quality, WRF usage, chemical usage, etc. 4. Perform required compliance testing in accordance with permit requirements. 5. Submit monitoring and other reports as required by NCDEQ. 6. Implement operational procedures for dealing with emergency situations. 7. Comply with safety rules and regulations. 8. Report any line breaks or spills to the proper authorities. General Maintenance Requirements and Plan Maintenance of the wastewater treatment and disposal system generally includes, but is not limited to the following: 1. Provide preventive maintenance of equipment as required per manufacturer's instructions including valves and valve actuators, pumps and motors, chemical feed systems, headworks screen system, blowers, instrumentation and controls, samplers, etc. 2. Prepare a preventive maintenance schedule, keep maintenance records updated. 3. Maintain necessary tools and supplies on -site for proper repair, maintenance, and calibration of equipment and controls for proper operation and control of process equipment and systems. 4. Perform field sampling, testing, and process control activities required to optimize the performance of the facility. 5. Repair any broken equipment or piping leaks as required. 6. Keep spare parts, piping repair equipment, etc. in inventory for emergency use and repairs. 7. Provide for removal of compacted screenings from the plant site to the sanitary landfill. 8. Coordinate pickup and removal of digested biosolids by a licensed sludge hauler and handler for ultimate residuals disposal. 9. Provide for general housekeeping and grounds maintenance. Residuals Management Plan 1. The influent fine screen system is designed to remove solids larger than approximately 2 min particle size. The screenings are washed and compacted to facilitate handling and pickup for ultimate disposal by a licensed hauler to a landfill. 2. A vortex grit removal system with associated 100 gallons per minute (GPM) airlift unit pump with a screenings washer and grit classifier is used to remove grit. The grit is discharged into a container to facilitate handling and pickup for ultimate disposal by a licensed hauler to a landfill. 3. The waste activated sludge (WAS) system consist of a 422,500 gallon aerated sludge holding tank served by the same three 1,595 cubic foot per minute blowers as the SBR's. and a 200 GPM sludge removal pump. Digested sludge solids will be disposed of via contract by licensed sludge haulers. Provisions for Safety Measures Public access to the wastewater treatment system, ponds, and infiltration basin system is restricted by either perimeter fencing or locked gates. The membrane lined upset pond provides a minimum of 5 days of storage that can be used for emergency containment of wastewater. Emergency Contacts Ocean Isle Beach Reclamation Facility 910-579-9365 Duty Operator 910-685-4588 NCDENR Environmental Emergency 1-800-858-0368 DWQ Wilmington Regional Office 910-796-7215