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HomeMy WebLinkAboutNC0057703_Permit Issuance_20020125State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director January 25, 2002 Mr. Glenn LaBrecque AquaSource, Inc. 6960 Professional Parkway East Suite 400 Sarasota, Florida 34240 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Issuance of NPDES Permit NCO057703 Fairways Utilities, Inc. The Cape Golf & Raquet Club WWTP New Hanover County Dear Mr. LaBrecque: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This portion of the Cape Fear River is listed as an impaired stream on North Carolina's 303(d) list. This means that the stream does not meet all water quality standards. Ultimately, the removal of this discharge may be necessary. Prior to expansion above 0.26 MGD, the permittee shall submit a detailed analysis of all available means to dispose of this facility's wastewater. This Engineering Alternatives Analysis (EAA) shall be prepared .in compliance with the Division's guidance document for EAAs. If no EAA is submitted, the Division may reopen and modify this permit to increase monitoring frequencies or change the effluent limits as necessary to protect the receiving stream. (Refer to A.(3.)). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must 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 (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this decision shall be fmal and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification ,or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733.0719 An Equal Opportunity Affirmative Action Employer VISIT US ON THE INTERNET @ httpJ/h2o.enr.state.ne.us/NPDES If you have any questions concerning this permit, please contact Christie Jackson at telephone number (919) 733-5083, extension 538. Sincerely, ORIGINAL SIGNED B� .USAN A, WILS®N' Gregory J. Thorpe, Ph.D. cc: Central Files Wilmington Regional Office/Water Quality Section NPDES Unit Point Source Compliance Enforcement Unit Permit NCO057703 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, AquaSource, Inc. is hereby authorized to discharge wastewater from a facility located at the Fairways Utilities, Inc. The Cape Golf & Racquet Club 900 Cape Boulevard Wilmington New Hanover County to receiving waters designated as the Cape Fear River in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective March 1, 2002. This permit and authorization to discharge shall expire at midnight on December 31, 2006. Signed this day January 25, 2002. ORIGIN& SIGNED By SUSAN A. WILSO" Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO057703 SUPPLEMENT TO PERMIT COVER SHEET AquaSource, Inc. is hereby authorized to: 1. Continue to operate an existing 0.260 MGD wastewater treatment system with the following components: ♦ Influent pump station ♦ Bar screen ♦ Flow splitting device ♦ Four extended aeration package treatment plants ♦ Aerated sludge holding tank ♦ Tablet chlorination ♦ Chlorine contact chamber ♦ Recording flow meter ♦ Effluent pump station ♦ Eight -inch force main (approximately 7750 feet) The facility is located at Fairways Utilities, Inc. (The Cape Golf & Racquet Club) at 900 Cape Boulevard, Wilmington in New Hanover County. 2. After receiving an Authorization to Construct from the Division of Water Quality, expand the wastewater treatment plant capacity to 0.350 MGD, and 3. Discharge from said treatment works at the location specified on the attached map into the Cape Fear River, classified SC waters in the Cape Fear River Basin. Facility Information Latitude: 34°04'34" Sub -Basin: 03-06-17 Longitude: 77'55'36' Quad Name: Carolina Beach Stream Class: Sc Receiving Stream: Cape Fear River Facility h- y Location The Cape Golf & Racquet Club �o N / L/ {� New Hanoveranover County Permit NCO057703 A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expansion above 0.260 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS..; LIMITS-_ `. MONITORING REQUIREMENTS- Monthly Avera e. =-, Weekly - . Avera a .; Dilly - Maximum Measurement :. Frequency, Sample Type Sample Location Flow 0.260MGD Continuous Recording Influent or. Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NIi3 as N 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent pH, Weekly Grab Effluent Footnotes: 1. The pH shall not be less than 6.5 standard units nor greater than 8.5 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO057703 A. (2.) EFFLUENT LDETATIONS AND MONITORING ' REQUIREMENTS - FINAL During the period beginning upon expansion above 0.260 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT- ' '. CHARACTERISTICS LIMITS MONITORING REQUIREMENTS - :Monthly .° ., Average ,,' . ' ;. Weekly , ..Avers a ,. Daily Maximum;. Measurement Frequency.; Sample Type, Sample location Flow 0.350 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) (April 1— October 31 5.0 mg/L 7.5 mg/L Weekly Composite Effluent BOD, 5-day (20°C) November 1— March 31 10.0 mg/L 15.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N (April 1— October 31 2.0 mg/L 2/Month Composite Effluent NH3 as N November 1— March 31 4.0 mg/L 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 2/Week Grab Effluent Temperature (QC) Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent pH' Weekly Grab Effluent Footnotes: 1. The pH shall not be less than 6.5 standard units nor greater than 8.5 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO057703 A. (3.) ENGINEERING ALTERNATIVES ANALYSIS REQUIREMENT Prior to expansion above 0.26 MGD, the permittee shall submit a detailed analysis of all available means to dispose of this facility's wastewater. This Engineering Alternatives Analysis (EAA) shall be prepared in compliance with the Division's guidance document for EAAs. If no EAA is submitted, the Division may reopen and modify this permit to increase monitoring frequencies or change the effluent limits as necessary to protect the receiving stream. Re: Comments Subject: Re: Comments Date: Wed, 16 Jan 2002 16:03:10 -0500 From: Rick Shiver <Rick.Shiver@ncmail.net> To: Christie Jackson <christie.jackson@ncmail.net> I know Jim said his were ok. Send me Clairmont and we'll ask Steve to look at it real quick tomorrow. Thanks, Rick Christie Jackson wrote: Oh, I should have been more specific. I DO have the staff reports - I'm just missing the draft comments. Just a quick "OK" by e-mail will do. Sorry for the confusion. Rick Shiver wrote: Hi, Christie, Jim Bushardt did the review for the Cape and Dolphin and I know it was sent up to you all after I signed off on it. Jim also reviewed the draft permits. Steve did the review for Clairmont and I know it was sent up to you all after I signed off on it. Steve doesn't remember if he reviewed the draft permit you all sent us for review. Tell me what you're missing and I'll get it to you. Thanks, Rick Christie Jackson wrote: > I don't have anything from you yet. If you're sure everything is ok, I'll go > ahead and proceed with issuance. > Rick Shiver wrote: > > Hi, Christie, > > I think the reviews were done some time ago. I needed a little more time > > to look at the treatment train that you all intended to put in the permits > > and I think that has already been done. I think you're good to go on those > > permits. Let me know if you can't find all the paper from us. Thanks, > > Rick > > Christie Jackson wrote: > > > Hey Rick, > > > I got an e-mail stating that you guys need extra time to review > > > NCO058599 (Clairmont), NCO059978 (Dolphin Bay) and NCO057703 (The > > > Cape). I'm trying to finalize these permits and I just wanted to touch > > > base with you because I haven't received the comments yet. Could you > > > please check this out and let me know as soon as you can? I was hoping > > > to get them done today. > > > Thanks 1 of 2 1/16/02 4:08 PM [Fwd: Late reviews] Subject: [Fwd: Late reviews] Date: Wed, 28 Nov 2001 10:20:25 -0500 From: Charles Weaver <Charles.Weaver@ncmail.net> To: Christie Jackson <Christie.Jackson@ncmail.net> FYI - there's no harm in giving them until the end of December.... Subject: Late reviews Date: Wed, 28 Nov 2001 10:08:13 -0500 From: Rick Shiver <Rick.Shiver@ncmail.net> To: charles.weaver@ncmail.net Charles, I just found three requests for reviews in my in box that have a due date of 30 November. It looks like I put them in my in box and then forgot about them. It's my fault and I have since distributed them for review but it's not fair to ask the staff to suffer for my mistake:. I need a three-four week time extension for Clairmont (N00058599), Dolphin Bay (NC0059978), and The Cape (N00057703). Thanks for your consideration. I'll make sure that this doesn't happen again. Rick Rick Shiver <Rick.Shiverna,ncmail.ner> CoMnAk M4 t /16 rEJ 1 of 1 11/28/01 11:31 AM AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER _.7.gieuc nano Before the undersigned a Notary Public of Said Counsv and State. co•nrssownnJEs u iMYI) wu SerYat cone. DIANE P. KEENAN nonir c'mo� oi'�w 1 �� Who, being duly sworn or affrmed, according to Ne law, says that ha5he is CLASSIFIED ADVERTISING MANAGER win. Rs�t ii,. si- A of THE WILMINGTON STAR -NEWS. INC., a corponnon organized and doing business under Emmet w�rrn the Laws of the State of Nosh Carolina. and publishing a newspaper known at WUbIINGTON cen.r.smnW MORNING STAR .4 SUNDAY STAR -NEWS in the City of Wilmington .n 01fcni1pe EYmwragr '� wpm PLBUC NOTICE STATE OF NORTH CAROLINA l:VV7RONMENTAL.NANAG£.HENT CO.N.NISSIONMPDES UN?l6U,Hail Ser+ice CeJvrr Raleigh, .VC 276919-1617 - NOTIFICATION OF INTENT TO ISSUE A NPDES WASTEWATER PER.NIT On the basis =..its m > eYs ne of th—sigh,toff.Her and opplicamn of .VC G onotw a�..assrv.er° e"`mu m m>.ao.e N iM new was isuened in the aforesaid newspaper in space. and on dues as follows: vw garny�r eer"et a`ii0 And at the ume of such publwauon Wihningion Sru-News was a newspaper meeting all the o-.n requirements and qualifications Prescnbnd by Sin. No- (-597 G.S. of N.C. —ail M Demur w wain �: we o� d Tide: CLASSIFIED ADVER. IIGR Sworn or affirmed W. and subscribed before —,his 7TA day of NOVEMBER A.D., 7nni ��> sm`ens r°0"•. OmvM I%xla M (9191 1. T.,.—.y Whereof, l have here..,. ser my hand and affiaed my official seal, the day and r)�M-SWJ. tnnnoi SJa ,rtt� ew nV9E5 p nwrCer lamtleal YCY af.rCald. I v.ww riu aa, ,// rr Notary Public s:irow srn.t. aaew�. nc :Jco•-u•s eer.een w imu e�ao��.� Mycomrmssion erpues 27THday of JULT,2004 nrroEs Gemet nwrme. .coons» 1. Hess Coroor.Ytn i �+ fore affidavit with ,he advcnisem<m ,herero annexed it is ad ud ed by the Court that the said going a J 6 Pubt "rymrwi Mt i V;11, made. and that the summons has been duly and legally served on the defendant(s). Thin c= F uve. u— cwrt.ew C.w4 Ymnn •n �irt�irerp mev+nect 'Clerk of Superior Coup MR.ES Mint Nimxr �0�11.J. f�rwerY • nw fit Got 6 PeN.Nt G6 51i) Can, ant Reet. Wa- atetli ^e^Ott^. NC 1pMrl�lt ew aaetne� a IwHv b fix F� Rlver�^'[M �+4 F giver 9aun. �urtrnlY a00 a amnYs nnpE$ FmJE �Murroer �an551a). � Geinevf Mxe5l1) CueYnaBean am.i mr�. raa�ir air�ir N ur. G_M ru- � aYs IwOEsternat n(DW9S1 ), i� ti . swnwt annnut U _mew anrd�� Wei retF. u n°�°u." CtY Fr gner 9ayn •'«T�mn °�`�Mm'ie N.! n- SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver Date: May 1, 2001 NPDES STAFF REPORT AND RECOMMENDATION County: New Hanover Permit No. NCO057703 PART 1 - GENERAL INFORMATION 2 3 0 Facility and Address: Fairways Utilities, Inc. The Cape WWTP 6960 Professional Parkway East, Suite 400 Sarasota, FL, 34240 Date of Investigation: April 27, 2001 Report Prepared by: Jim Bushardt Persons Contacted and Telephone Number: Ethel Bedgood (910) 791-4404 r M AY - 4 2001 t DENR - WATER QUALITY POINT SOUR E BRAN H 5. Directions to Site: The site is located in the Cape Golf and Racquet Club subdivision (HWY 421 one mile north of Snows Cut Bridge near Carolina Beach). Travel into the subdivision and turn right on a dirt access road approximately 1 /4 mile from the subdivision entrance. C:j 7. n Discharge Point(s), List for all discharge points: Latitude: 34 Deg 4 min 26 Sec Longitude: 77 Deg 55 Min 26 Sec U.S.G.S. Quad No: U-52 U.S.G.S. Quad Name: Carolina Beach NC Site size and expansion area consistent with application ? No request for expansion has been presented within this renewal application. Topography : The treatment plant is located at approximately 10 + feet MSL and the terrain is flat. The plant is protected from 100 year floods. 9. Location of nearest dwelling: Approximately 500 ft south of plant 10. Receiving stream or affected surface waters: Cape Fear River a. Classification: SC waters b. River Basin and Subbasin No.: 03 06 17 C. Describe receiving stream features and pertinent downstream uses: Large volume, tidal stream usable for secondary recreation, commercial fishing and merchant marine operations. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Pertinent Information a. Volume of wastewater to be permitted: 0.260 MGD b. What is the current permitted flow limit? 0.260 MGD C. Actual treatment capacity of the current facility? Unknown d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: None e. Please provide a description of existing or substantially constructed wastewater treatment facilities: influent pump station, flow splitter, bar screens, quad train extended aeration package plants with diffused air biological basins, clarifiers, (2x0.1 mgd, 2X.03 mgd) chlorine feed and contact tank, effluent pump station, effluent pumping station, aerated sludge holding tank, continuous recording flow meter f. Please provide a description of proposed wastewater treatment facilities: A permit flow rate to 0.350 MGD (from current 0.260 MGD) is provided. There is no future treatment conceptualization presented in support of hydraulic expansion. g. Possible toxic impacts to surface waters: None h. Pretreatment Program: Not a POTW 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DWQ Permit No.: W00000455 Residuals Contractor: Lewis Farms Telephone No.: (910) 283-9823 b. Residuals stabilization: Class B pathogen reduction and vector attraction reduction using lime C. Landfill: No d. Other disposal/utilization scheme (Specify): None 3. Treatment plant classification: Class II 4. SIC Code(s): 4952 Wastewater Code(s): 05 Main Treatment Unit Code: 060X3 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies (municipals only) involved? No 2. Special monitoring or limitations (including toxicity) requests: None 3. Important SOC, JOC or Compliance Schedule dates: None 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non - discharge options available? No Please provide regional perspective for each option evaluated. Spray Irrigation: Treatment plant is located in an area having high land prices. This option would be very expensive Connection to Regional Sewer System: Possible in the future Subsurface: Too expensive Other disposal options: Golf course reuse with plant upgrade -also costly. 5. Other Special Items: None PART IV - EVALUATION AND RECOMMENDATIONS This report is being prepared based upon a permit renewal request. There have been no substantial changes in the design of this system or receiving stream classification since the last permit cycle. The writer does not have a current waste load allocation to support this renewal activity, and assumes that the facility is not water quality limited. The current monitoring is similar to 2B.0500 for this SIC (effluent limited) except total residual chlorine is required and influent BOD and TSS are not required. The current effluent limits match the expected treatment performance of a secondary treatment plant and the limits for pH and bacteria match the requirements NO F1 -Ntutj I — No 1"%, motj('%2Fn�5 r 02l0 - iOr uMf ��+) Vet? 0*4 of 213.0200 for Class SC waters. The writer would recommend DO monitoring similar to Permit NC0055107 for consistency since both permits are held by the same permittee. There has been no A to C submittal within the last permit cycle. The writer would recommend the basinwide effluent strategy (5/2 limits) for Subbasin 17 be applied to the 0.350 MGD monitoring/limits sheet, if the Division intends to continue the allowance of flow banking under this permit. It is requested that NPDES Permit NC0057703 be modified per the writer's request and as needed to provide the most current boilerplate permitting language and reissued to the applicant for a standard term in accordance with the Cape Fear River Basinwide Permitting Strategy. Q - A /,,, -111e ature of Report Preparer ate Water Quality Regional Supervisor Date JB:Cape.501 cc: Wilmington Regional Office Technical Support Branch Central Files Horizon Engineering & Consulting, Inc. 107 Commercial Park Drive Concord, N.C. 7 Y 704-788-949-9497 Fax:704-788-6006 April 5, 2001 NC DENR / DWQ NPDES Unit 1617 Mail Service Center Raleigh, N.C. 27699-1617 APR 10 200i DENR WgTER QUALITY POINT SOURCE BRANCH Subject: Application for Permit Renewal Fairways Utilities, Inc. (Dolphin Bay) — NCO055107 Fairways Utilities, Inc. (The Cape Golf and Racquet Club) — NCO057703 Fairways Utilities, Inc. (Ocean Forest Lakes Subdivision) — NCO059978 New Hanover County Gentlemen: Attached are applications for renewal of the subject permits. These permits expire on December 31, 2001. We have also attached copies of the N.C. Utilities Commission Order Approving Transfer and Requiring Public Notice, which document that AquaSource Utility, Inc. has acquired and owns Fairways Utilities, Inc. The application forms have been signed and are submitted herewith as Fairways Utilities, Inc. request to renew these permits. I trust that this information is sufficient but, if you have any questions, concerns, etc. or if I may be of any assistance, please do not hesitate to call (704-788-9497.) Glenn LaBrecque Carolyn McFalls Gary Sherwood Ethel Bedgood Fairways Utilities, Inc. The Cape Subdivision Sludge Management Plan Excess waste sludge does not build very frequently in this facility. Sludge is wasted infrequently by using a licensed septage hauler to pump out the excess inventory into a tanker truck and transport it to a state permitted land application site (Lewis Farms & Liquid Waste Removers — Permit No. WQ0000455.) March 29, 2001 Date STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-787, SUB 14 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Joint Application by Fairways Utilities, Inc., and ) ORDER APPROVING AquaSource Utility, Inc., to Transfer the Stock of ) TRANSFER AND Fairways Utilities, Inc. to AquaSource Utility, Inc., ) REQUIRING CUSTOMER and for Approval of Rates ) NOTICE 6Y THE Fairways Utilities, Inc. (Fainaays), and AquaScurce Utility, Inc. (AquaSource), filed a joint application with the Commission on February 16, 1999, seeking authority to transfer the stock of Fairways to AquaSource. The Fairways systems serve a total of 1,052 water and 868 sewer customers with mains in place to serve an additional 140 water and sewer connections. On October 29, 1999, the Public Staff and AquaSource filed a Joint Stipulation setting forth the terms agreed to by both parties, which are as follows: (1) AquaSource agrees to exclude the acquisition adjustment created by the transfer of Fairways' stock to AquaSource in any proceeding involving an increase in rates, including but not limited to the determination. of any increase in rates in any future rate case proceeding. (2) The. service rates will decrease 11 % effective thirty (30) days after the transfer of the stock to AquaSource. The rates produced by this decrease are as follows: Monthly Water Utility Service: Base charge, zero usage $ 5.47 Usage charge, per 1,000 gallons $ 1.19 Monthly Sewer Utility Service: Residential flat rate $ 20.03 Commercial rate Base charge (0-5,000 gallons) $ 22.25, minimum Usage charge per 1,000 gallons (in excess of 5,000 gallons) $ 5.34 I,y r_Iµ, dVCC1 _ 'I ._C -L1C _7U 714 "vyr!.• rLD'�.L_. rr1VG UJ (3) The tap on fees will remain at the current authorized levels, which are as follows: Inlet Watch Subdivision: Irrigation meters $ 300 All other service areas: Water $ 750 Sewer $ 1,000 (4) The financial statements at the date of transfer will be adjusted for amortization of contributions in aid of construction (CIAC) and removal of tax gross -up includedin the CIAC account to comply with the Uniform System of Accounts prescribed by the North Carolina Utilities Commission. As of December 31, 1998, this adjustment %:ould reduce CIAC by $441,214. The offsetting credit will be to Shareholder Equity - Retained Earnings. (5) AquaSource will amortize CIAC at the amortization rates used in Fairways* last rate case proceeding, Docket No. W 787, Sub 11. (5) AquaSource will depreciate plant in service items at the rates used in Fairways' last rate case proceeding, Docket No. W 787, Sub 11. On November 8, . 1999, the Commission issued an Order requiring customer notice indicating that the matter may be determined without hearing if no significant protests are received. As of December 10, 1999, no protests were received. On the basis of the verified application, the stipulation, and the records of the Commission, the Commission makes the following FINDINGS OF -FACT 1. AquaSource presently holds one other water utility franchise in North Carolina serving approximately-106 customers. AquaSource's record of service in this area is satisfactory. AquaSource has also just recently acquired the former Rayco Utilities thirteen service areas with 722 water and 643 sewer customers. The Public Staff has not evaluated the operations as of this date. 2. Fairways has approximately 1,052 water customers and 868 sewer customers with mains in place to serve an additional 140 water and sewer connections. 3. Fairways currently has $260,000 of bonds posted with the Commission. Section 2.8 of the stock purchase agreement states that to the extent that these bonds and letters of credit are assigned to AquaSource, AquaSource shall pay to each shareholder 2 M his proportionate share of the total amount of the certified funds and the portion of the annual letter of credit fee due from the closing date through to its next renewal date. Also, AquaSource shall substitute its credit for any credit or guarantee of the shareholders with regard to any bonds or letters of credit and shall obtain the release of the shareholders' liability with regard to the bonds and letters of credit. 4. AquaSource has the financial, managerial, and technical capacity to operate Fairways' water and sewer systems. 5, The transfer of Fairways' stock to AquaSource is justified by the public convenience and necessity. 6. . The parties also agree that amortization rates for CIAC should be 2.92% for water operations and 3.38% for --sewer operations. CONCLUSIONS Based upon the foregoing, the Commission is of the opinion that the transfer of Fairways' stock to AquaSource is in the public interest and should be granted, and that the stipulation of the Public Staff and AquaSource should be approved. Also, the Commission concludes that the current,bond level of $260,000 should be maintained and AquaSource shall file the appropriate assignments, releases, or new bonds for this amount for approval by this Commission within 30 days after the date of closing. IT IS, THEREFORE, ORDERED as follows: 1. That the transfer of the stock of Fairways Utilities, inc., to AquaSource Utility, Inc., is approved. 2. That the Applicant shall give written notification to the Commission within 14 days after the transfer has taken place, 3. That the Joint Stipulation of the Public Staff and AquaSource Utility, Inc., signed and filed with the. Commission on October 29, 1999, is hereby approved. 4. That neither the stipulation among the parties to this proceeding nor this Order shall be treated or cited as precedent or have any precedential value for AquaSource or any other water or sewer utility in North Carolina. 5. That the Notice to Customers, attached as Appendix A, shall be mailed with sufficient postage to all customers of Fairways within 15 days of the date of this Order, and that AquaSource shall submit to- the Commission the attached Certificate of Service properly signed and notarized not later than 30 days after completing the notification. 3 CJ'+; 4UUU L4.LQ D1CiM&M F'LL'G.UU. PAGE 0� 6. That the Schedule of Rates, attached as Appendix B, is approved and deemed to be filed with the Commission pursuant to G.S. 62-138. Said Schedule of Rates is hereby authorized to become effective for service rendered on and after the date of this Order. The parties are to notify the Commission of the transfer of the stock at which time an Order will be issued reducing the rates within 30 days of the transfer date. 7. That AquaSource shall maintain the current bond level of $260,000 and shall file the appropriate assignments, releases, or new bonds for this amount for approval by the Commission within 30 days after the date of closing. ISSUED BY ORDER OF THE COMMISSION. This the _92� y of , 1999. NCRTH CAROLINA UTILITIES COMMISSION FIM 'moWill fb,=00.02 Geneva S. Thigpen, Chief Clerk 4 0j. U41 GUUU 14. GG 71 U i 'j'J b'71 G M&M r'LbU. UU. PAGE 06 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX A NOTICE TO CUSTOMERS DOCKET NO. W-787, SUB 14 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION Notice is given that the North Carolina Utilities Commission has approved a transfer of the stock of Fairways Utilities, Inc. (Fairways), to AquaSource Utility, Inc. (AquaSource). The rates will remain the sam"or now, however, an Order will be issued following the completion of the transfer of the stock reducing the rates for Fairways to the following rates, resulting in an overall decrease in rates of i 1 W Monthly Water Utility Service: Base Charge, zero usage $ 5.47, minimum Usage Charge, per 1,000 gallons $ 1.19 Monthly Sewer Utility Service: Residential Flat Rate $20.03 Commercial Rate Base Charge (0-5,000 gallons) $22.25, minimum Usage Charge, per 1,000 gallons $ 5.34 (in excess of 5,000 gallons) There is no immediate change in the mailing address or telephone numbers of the utility company. The customers will be notified separately by AquaSource of any future• changes in telephone numbers or mailing addresses. ISSUED BY ORDER OFTHE COMMISSION. This the day of , 1999. NORTH CAROLINA UTILITIES COMMISSION VAW W If I I- Q Geneva S. Thigpen, Chief Clerk u« 114 t _� 77t7.1t M&M ['LBU.%C:. PAGE E 7 SCHEDULE OF RATES for FAIRWAYS UTILITIES. INC, for providing water and sewer utility service in ALL ITS SERVICE AREAS IN NORTH CARO INA Monthly Water Utility Service: Base Charge, zero usage Usage Charge, per 1,000 gallons Monthly Sewer Utility Service: Residential flat rate Commercial rate Base charge (0----5,000 gallons) Usage charge, per 1,000 gallons (in excess of 5,000 gallons) Connection Charges Inlet Watch_Subdivision Irrigation meters: _ S 300.00 All other service areas Water: $ 750.00 Sewer: $1,000.00 Reconnection Charges APPENDIX B PAGE 1 OF 2 $ 6.15, minimum $1.34 $22.50 $25.00, minimum $ 6.00 4 If water service cut off by utility for good cause: $15.00 If water service discontinued at customer's request: $10.00 If sewer service cut off by utility for good cause where sewer service cannot be cut off by discontinuing water service: $30.00 APPENDIX B PAGE 2 OF 2 Returned Check Charge: $10.00 BillsDue: On billing date Bills Past Due: 15 days after billing date Billing Frequency: Shall be monthly for service in arrears Finance Charges for Late Payment: 1 % per month will be applied to the unpaid balance of all bills still past due 25 days after billing date. Issued in Accordance with Authority Granted byyAe Nort Carolina Utilities Commission in Docket No. W-787, Sub 14, on this the �- day of , 1999. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director September 22, 2000 Mr. Stephen Miller Fairways Utilities 5717 Carolina Beach Road Wilmington, NC 28412 4 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Modification Permit NCO057703 The Cape WWTP New Hanover County Dear Mr. Miller: The Division is beginning the cycle of permit renewals for the Cape Fear river basin. An examination of the Cape Fear basin plan and the NPDES permit schedule has revealed that the existing expiration dates in Cape Fear NPDES permits do not coincide with the revised permit expiration dates for the basin. This discrepancy could create unnecessary delays in the processing of over 200 permit renewals. Accordingly, the Division is changing the permit expiration dates for NPDES permits in the Cape Fear river basin. This permit modification changes the expiration date of the subject permit in subbasin 30617 to December 31, 2001. Please find enclosed the revised permit cover page. Insert the new cover page into your permit and discard the old page. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. In accordance with the modification of the permit expiration date, the new due date for your renewal application is July 4, 2001. Renewal application forms will be sent to you approximately 6-8 weeks in advance of the new due date or you may download the forms from the NPDES web site at http://h2o.enr.state.nc.us/NPDES/documents.html. You will need to download Short Form D. If you have already submitted a permit renewal form, there is no need to submit any other forms to the Division; the application will be processed during the renewal period for your subbasin. If any part of this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit modification, please contact Natalie Sierra at (919) 733-5083, extension 551. Sincerely, �� Kerr T. Stevens cc: Central Files Wilmington Regional Office, Water Quality Section Point Source Compliance Enforcement Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Permit NCO057703 a STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Fairways Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the The Cape WWTP 900 Cape Boulevard Wilmington New Hanover County to receiving waters designated as the Cape Fear River in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 1, 2000.. This permit and authorization to discharge shall expire at midnight on December 31, 2001. Signed this day September 22, 2000. 14�� Id - Kerr T. Stevens, director Division of Water Quality By Authority of the Environmental Management Commission