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HomeMy WebLinkAboutWQ0002829_Permit (Issuance)_20220729ROY COOPER Governor ELIZABETH S. B1SER Secretary RICHAR) E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality July 29, 2022 GEORGE E. GOODRICH — MANAGER KDHWWTP, L.L.C. POST OFFICE BOX 3629 KILL DEVIL HILLS, NORTH CAROLINA 27948 Dear Mr. Goodrich, RECEIVED/NCDENR/D WF3 MAY 2 3 2023 Water Qualm Regional Operations Seotlon Wash ngton Regional office Subject: Permit No. WQ0002829 KDHWv'TP Reclaimed Water Generation, Dedicated Utilization, and High -Rate Infiltration System Dare County In accordance with your permit renewal request received May 6, 2022, we are forwarding herewith Permit No. WQ0002829 dated July 29, 2022, to KDHWWTP, L.L.C. for the continued operation of the reclaimed water generation, high -rate infiltration, and dedicated reclaimed utilization facilities , as well as the continued operation and subsequent conversion of the Train A reclaimed water generation facilities. This permit shall be effective from the date of issuance through April 30, 2029, shall replace Permit No. WQ0002829 issued July 14, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than November 1, 2028. Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit conditions since the last permit issuance dated July 14, 2017: ➢ Old Condition I.1 —This condition has been removed as the Town of Kill Devil Hills does not own any of the reclaimed water irrigation sites. ➢ Old Condition I.2 — This condition has been met. ➢ Old Condition I.6 — 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 ➢ Old Condition II.6 — This condition has been removed as the green area requirements have been repealed.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 E11.20 —This condition has been removed because it is inherently covered under new Condition 111.8. North Carolina Department of Environmental Quality I Division of Water Resources _ 512 North Salisbury Street 1 1617 Mall Service Center I Raleigh, North Carolina 27699-1617 ��� 919.707.9000 Mr. George E. Goodrich July 29, 2022 Page 2 of 2 The following permit conditions are new since the last permit issuance dated July 14, 2017: ➢ Condition I.2 — This condition requires that the Permittee notify the Washington Regional Office at least two business days in advance of initial operation of the modified facilities so that the Division can conduct an inspection. ➢ Conditions II.11, H.12, and II.13 — These conditions denote separation distances for the reclaimed water distribution lines. ➢ Condition III.4 — This condition requires an operator be on call 24 hours per day. ➢ Condition M.7 — This condition requires that irrigation not occur during inclement weather. ➢ Condition III.8 — This condition requires metering equipment be tested and calibrated annually. ➢ Condition III.25 — This condition requires continuous online monitoring and recording of turbidity. ➢ Condition III.26 — This condition requires the Permittee to notify the public and its employees about the use of reclaimed water. ➢ Condition M.27 —This condition requires the Permittee to develop and implement an education program to inform users and its employees about the proper use of reclaimed water. ➢ Condition IV.5 —This condition has been revised to include additional recording requirements. ➢ Condition V1.3 — 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. If you need additional information concerning this permit, please contact Lauren Raup-Plummer at (919) 707-3660 or Lauren. Plummer(dncdenr.gov. Sincerely, za - Richard E. Rogers, Jr., Director Division of Water Resources cc: Dare County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY IAA � "2.1 RECLAIMED WATER GENERATION, DEDICATED UTILIZATION, AND 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 KDHWWTP, L.L.C. Dare County FOR THE operation of a 660,000 gallon per day (GPD) reclaimed water generation, dedicated utilization, and high - rate infiltration facility consisting of the: continued operation and subsequent conversion (as permitted December 9, 2016) of. the existing 312,000 gallon extended aeration "Train A" into a 5-stage Bardenpho Process with Integrated Fixed Film Activated Sludge (IFAS) configuration consisting of: a 70,097 gallon pre -anoxic Zone I with four 2 horsepower (hp) mixers; a 32,903 aeration Zone I A with high -density polyethylene (HDPE) media; a 47,208 gallon aeration Zone I B with HDPE media; a 55,791 gallon aeration Zone 2A with HDPE media; a 24,319 gallon aeration Zone 2B with HDPE media and two 350 gallon per minute (GPM) recycle pumps; a 55,791 gallon post - anoxic Zone 1 with three 2 hp mixers and a carbon chemical feed system; a 22,889 re -aeration Zone 1 with an alum chemical feed system; and all associated piping, valves, controls, and appurtenances; the continued operation of a 660,000 GPD reclaimed water generation system consisting of a stainless steel mechanically -cleaned helical fine screen; a 43,000 gallon flow equalization basin A; a 118,000 gallon aerated flow equalization basin C; a 38,630 gallon aerated flow equalization basin B with two 416 GPM equalization pumps; an aluminum flow splitter box with an alkalinity chemical feed system; a 312,000 gallon extended aeration "Train A"; a 310,000 gallon 5-stage Bardenpho Process "Train B" with a 70,195 gallon pre -anoxic Zone 2 with two 0.75 hp mixers and one 1.5 hp mixer, an 84,234 gallon aeration Zone 3, an 81,426 gallon aeration Zone 4 and two recycle pumps, a 56,156 gallon post -anoxic Zone 2 with one 1.5 hp mixer and a carbon chemical feed system, and a 16,846 gallon re -aeration Zone 2 with an alum chemical feed system; two 91,000 gallon clarifiers with rotating skimmers and served by two 600 GPM variable speed sludge return pumps; a 35,000 gallon filter dosing tank with two 833 GPM filter dosing pumps; two 156 square foot (fl) rapid sand filters served by a 781 cubic foot per minute (CFM) air scour blower; a 20,000 gallon mudwell with two 280 GPM return pumps; two 71,655 aerated sludge digesters with a decant pump; four 1,479 CFM rotary positive blowers, and an 800 CFM centrifugal blower serving the flow equalization, aeration, and sludge digester basins; a 50,000 gallon clearwell with two 957 GPM pumps; an effluent flow meter; a turbidimeter; an ultraviolet (UV) disinfection system with four banks each rated at 400,000 GPD; a stand-by power system consisting of a 45 kilowatt (kW) generator; a 115 kW generator; and all associated piping, valves, controls, and appurtenances; the WQ0002829 Version 3.0 Shell Version 200201 Page I of 13 continued operation of a high -rate spray infiltration system consisting of three 7.5 hp pumps; seven 15 hp pumps; a 1.35 acre high -rate spray infiltration area consisting of eight spray beds; and all associated piping, valves, controls, and appurtenances; the continued operation of a low -flow infiltration pond consisting of a 2,000 gallon pump station with two 7.5 hp pumps and alarms; a 2.1 acre infiltration pond (i.e., Pond 1); and all associated piping, valves, controls, and appurtenances; and the continued operation of a dedicated reclaimed water utilization system consisting of. an irrigation pump station with a 25 hp pump and a 3 hp pump; a 24.55 acre of spray irrigation area consisting of seven zones; and all associated piping, valves, controls, and appurtenances to serve the KDHWWTP, with no discharge of wastes to surface waters, pursuant to the application received May 6, 2022, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through April 30, 2029, shall replace Permit No. WQ0002829 issued July 14, 2017, and shall be subject to the following conditions and limitations: I. SCHEDULES Upon completion of construction and prior to operation of the permitted modifications, 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(a�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 modified facilities so that the Division can conduct an inspection. [15A NCAC 02T .0108(b)(1)(B)] 3. The Permittee shall request renewal of this permit on Division -approved forms no later than November 1, 2028. [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 reclaimed water generation, utilization, 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] WQ0002829 Version 3.0 Shell Version 200201 Page 2 of 13 4. Effluent quality shall not exceed the limitations specified in Attachment A. [ 15A NCAC 02T .0705(b), 02U .0301] 5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m), 15A NCAC 02U .0401(g)] 6. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and c. Existing underground distribution systems retrofitted for the purpose of convey reclaimed water shall be taped or otherwise identified as noted in 11.7.a. and 11.7.b. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. [15A NCAC 02U .0403(c)] 8. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403(d)] 9. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] 10. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 11. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(g), 02U .0403(h)] 12. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)] 13. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)] WQ0002829 Version 3.0 Shell Version 200201 Page 3 of 13 14. The compliance and review boundaries for the reclaimed utilization system permitted prior to September 1, 2006 (i.e., Pond 1 and utilization sites) are established at the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02H .0219(k)(1)(C)(i)(II1), G.S. 143-215.1(i), G.S. 143-215.1(k)] 15. The high -rate infiltration system (i.e., Basins 1-A, 1-B, 3, 4, 5, 6, 7-A, and 7-B) was individually permitted on or after December 30, 1983, and therefore has a compliance boundary that is either 250 feet from the infiltration area, or 50 feet within the property boundary, whichever is closest to the infiltration area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(1), G.S. 143- 215.1(k)] 16. The review boundary for the high -rate infiltration system (i.e., Basins 1-A, 1-B, 3, 4, 5, 6, 7-A, and 7- B) 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] 17. The Pennittee 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)] 18. 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] 19. 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 Dare 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)] WQ0002829 Version 3.0 Shell Version 200201 Page 4 of 13 20. The facilities herein were permitted per the following setbacks: a. The high -rate infiltration sites (i.e., Basins 1-A, 1-B, 3, 4, 5, 6, 7-A, and 7-13) were originally permitted June 21, 2004. The setbacks for infiltration sites originally permitted or modified from February 1, 1993 to September 1, 2006 are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 200 iii. Groundwater lowering ditches: 200 iv. Surface water diversions (upslope): 200 v. Surface water diversions (downslope): 200 vi. Each well with exception of monitoring wells: 100 vii. Each property line: 50 viii. Top of slope of embankments or cuts of two feet or more in vertical height: 100 ix. Each water line: 10 x. Each swimming pool: 100 xi. Public right of way: 50 xii. Nitrification field: 20 xiii. Each building foundation or basement: 15 xiv. Each impounded public surface water supply: 500 xv. Each public shallow ground water supply (less than 50 feet deep): 500 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 02H .0404(g), 02H .02190)(5)] b. The reclaimed water irrigation sites were originally permitted June 16, 2006. The setbacks for reclaimed irrigation sites originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each water supply well: 100 iv. Each non -potable well: 10 v. Each swimming pool: 25 [15A NCAC 02H .0219(k)(1)(C)(i)] c. The storage and treatment units were modified November 5, 2008. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 to August 31, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each on -property residential unit if the unit is to be sold: 10 1 iii. Each private or public water supply source: 100 iv. Surface waters: 50 v. Each well with exception of monitoring wells: 100 vi. Each property line: 50 2 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. WQ0002829 Version 3.0 Shell Version 200201 Page 5 of 13 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 02H .0404(g), 02T .0706(d), 02T .0706(f), 02T .0706(g)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0700, 02U .0101 ] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A description of anticipated maintenance of the system; c. Provisions for safety measures, including restriction of access to the site and equipment; and d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation, and contact information for personnel, emergency responders, and regulatory agencies; [15A NCAC 02T .0707(a), 02U .0801(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e)] 5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent effluent ponding in or runoff from the infiltration and irrigation sites listed in Attachment B. [15A NCAC 02T .0707(c), 02U .0801(c)] 7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [ 15A NCAC 02U .0401(k)] 8. All infiltration and irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0707(d), 02U .0801(d)] 9. Only treated effluent from the KDHWWTP shall be infiltrated or irrigated on the sites listed in Attachment B. [ 15A NCAC 02T .0701, 02U .0101 ] 10. The Permittee shall not allow vehicles or heavy machinery on the infiltration or irrigation areas, except during equipment installation or maintenance activities. [15A NCAC 02T .0707(e), 02U .0801(e)] 11. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration facilities. [15A NCAC 02T .0705(p), 02U .0402(e)] 12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501(a)(2)] WQ0002829 Version 3.0 Shell Version 200201 Page 6 of 13 13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC 02T .0708, 02T .1100, 02U .0802]. 14. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0705(i), 02U .0402(g)] 15. Freeboard in the infiltration basin (i.e., Pond 1) shall not be less than two feet at anytime. [15A NCAC 02T .0705(c), 02U .0401(h)] 16. A gauge to monitor waste levels in the infiltration basin (i.e., Pond 1) 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), 02U .0801(f)] 17. 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), 02U .0801(g)] 18. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d), 02U .0801(d)] 19. 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), 02U .0401(d)] 20. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be routed to the high -rate infiltration spray beds 1-A and 1-B until the problems associated with the reclaimed water generation system have been corrected. [15A NCAC 02U .0402(d)] 21. 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)] 22. Spray beds shall be raked as needed and all vegetation shall be kept out of the spray beds at all times. The spray beds shall also be raked when solids and ruts develop within the beds, which results in uneven infiltration. [15A NCAC 02T .0108(b)(1)(A)] 23. The application of chemicals to the high -rate infiltration spray beds is expressly prohibited. [15A NCAC 02T .0108(b)(1)(A)] 24. Adequate measures shall be taken to divert stormwater from the high -rate infiltration sites, the infiltration basin (i.e., Pond 1), and the dedicated reclaimed irrigation areas. [15A NCAC 02T .0108(b)(1)(A)] 25. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. [ 15A NCAC 02U .0401(b)] 26. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] WQ0002829 Version 3.0 Shell Version 200201 Page 7 of 13 27. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [ 15A NCAC 02U .0501(a)(4)] The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [ 15A NCAC 02H .0800] 3. 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. The Permittee shall maintain records tracking the amount of reclaimed water irrigated/infiltrated. These records shall include the following information for each irrigation site listed in Attachment B: a. Date of reclaimed water utilization; b. Volume of reclaimed water irrigated/utilized; c. Site irrigated/utilized; d_ Length of time site is irrigated/utilized; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for irrigation sites; f. Weather conditions; and g. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 7. Freeboard (i.e., waste level to the lowest embankment elevation) in the infiltration basin (i.e., Pond 1) 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)] WQ0002829 Version 3.0 Shell Version 200201 Page 8 of 13 Three copies of all monitoring data (as specified in Conditions IV.3. and IVA) on Form NDMR for each PPI, three copies of all operation and utilization records (as specified in Condition IV.6) on Form NDAR-1 for every dedicated utilization site listed in Attachment B, and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.7.) on Form NDAR-2 for every infiltration site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] 9. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the wastewater treatment, high -rate infiltration, and reclaimed utilization facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G.S. 143-215.]C(a)] 10. 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), 02U .0802(b)] 11. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of infiltration equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the plant and plant site; f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections, spray bed raking, and cleanings, etc.); and g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [15A NCAC 02T .0707(1), 02U .0801(h)] 12. Monitoring wells CW-A, CW-C, CW-D, CW-F, CW-G, CW-B-1, and CW-E-1, 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 Figure 1. [15A NCAC 02T .0105(m)] WQ0002829 Version 3.0 Shell Version 200201 Page 9 of 13 13. 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)] 14. Noncompliance Notification: The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any failure resulting in a discharge of reclairned water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV.1 1.g. but do not require Regional Office notification. e. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. f. Ponding in or runoff from the infiltration and irrigation sites. g. Effluent breakout from the infiltration basin (i.e., Pond 1). Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the 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)] WQ0002829 Version 3.0 Shell Version 200201 Page 10 of 13 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation, utilization, and infiltration facilities. [15A NCAC 02T .07070), 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation, utilization, 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 .07070), 02U .0801(i)] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the reclaimed water generation, utilization, and infiltration facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the 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(0)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the -life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] WQ0002829 Version 3.0 Shell Version 200201 Page 1 I of 13 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: i. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; lit. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 29ffi day of July 2022 NORTH CCAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION d7 'Z� Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0002829 WQ0002829 Version 3.0 Shell Version 200201 Page 12 of 13 Permit No. WQ0002829 Reclaimed Water Generation, Dedicated Utilization, and High -Rate Infiltration System KDHWWTP, L.L.C. July 29, 2022 KDHWWTP Dare County ENGINEERING CERTIFICATION ❑ 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: Professional Engineer's Name 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 WQ0002829 Version 3.0 Shell Version 200201 Page 13 of 13 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— Total Effluent Disposed Permit Number: WQ0002829 Version: 3.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 50050 Flow, in Conduit or thru Treatment Plant GPD 660,000 Continuous Recorder PPI 002 — High -Rate Inflltration Effluent EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 Weekly' / 2 x Month 2 Composite 00940 Chloride (as Cl) mg/L 3 x Year 3 Composite 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 43 Weekly / 2 x Month 2 Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 327,735 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 Weekly' / 2 x Month 2 Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L Weekly' / 2 x Month 2 Composite 00620 Nitrogen, Nitrate Total (as N) mg/L Weekly' / 2 x Month 2 Composite 00600 Nitrogen, Total (as N) mg/L Weekly' / 2 x Month'- Composite 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L Weekly' / 2 x Month 2 Composite 70300 Solids, Total Dissolved — 180 °C mg/L 3 x Year 3 Composite 00530 Solids, Total Suspended mg/L 20 Weekly' / 2 x Month 2 Composite 1. Weekly sampling shall be conducted from May 1"through August 31". 2. 2 x Month sampling shall be conducted from September 1"through April 30". 3. 3 x Year sampling shall be conducted in January, April, and September. WQ0002829 Version 3.0 Attachment A Page 1 of 2 PPI 003 — Dedicated Reclaimed Utilization Effluent EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average Monthly - Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 15 Weekly ' / 2 x Montle 2 Composite 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 25 Weekly ' / 2 x Month 2 Grab 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 Weekly ' / 2 x Month 2 Composite 00400 pH su 5 x Week Grab 00530 Solids, Total Suspended mg/L 5 10 Weekly ' / 2 x Month 2 Composite 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous Recorder I . Weekly sampling shall be conducted from May 1 I through August 31 ". 2. 2 x Month sampling shall be conducted from September I't through April 301. PPI 004 — Reclaimed Water Distributed for Infiltration (i.e., Pond l) EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Parameter Description Units of Monthly Monthly Daily Minimum Daily Maximum Measurement Sample Code Measure Average Geometric Mean Frequency Type 50050 Flow, in Conduit or thru Treatment Plant GPD 136,283 Continuous Recorder PPI 005 — Reclaimed Water Distributed for Irrigation EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Parameter Description Units of Monthly Monthly Daily Minimum Daily Maximum Measurement Sample Code Measure Average Geometric Mean Frequency Type 50050 Flow, in Conduit or thru Treatment Plant GPD 215,456 Continuous Recorder WQ0002829 Version 3.0 Attachment A Page 2 of 2 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0002829 Version: 3.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Site Owner County Latitude Longitude Net Dominant Parameter Hourly Yearly Units Acreage Soil Series Rate Max IRR-1 Hamilton Cay Condo Unit Owners c/o Dare 36.004962' -75.677629' 4.60 Ousley 01284-Non-Discharge Application Rate 1.0 118 inches Hamilton Cay Owners Association IRR-2 Somerset Village LLC Dare 36.0052620 -75.6757540 6.47 Corolla 01284 - Non -Discharge Application Rate 1.0 118 inches rRR-3 Devonshire Place Condo Unit Owners Dare 36.006815' -75.675358' 3.27 Corolla 01284 - Non -Discharge Application Rate 1.0 118 inches IRR-4 BB Land Holding, LLC Dare 36.007317' -75.671861 ° 5.62 Ousley 01284 - Non -Discharge Application Rate 1.0 118 inches IRR-5 Run Hill Apartments LLC Dare 36.007490' -75.673040' 0.94 Newhan 01284 - Non -Discharge Application Rate 1.0 118 inches IRR-6 Spring Arbor of Kill Devil Hills NC Landlord,LLC Dare 36.0083500 -75.6710290 1.65 Ousley 01284 - Non -Discharge Application Rate 1.0 118 inches ]RR-7 KDHWWTP, L.L.C. Dare 36.008340' -75.669633' 2.0 Newhan 01284 - Non -Discharge Application Rate 1.0 118 inches Totals 24.55 INFILTRATION AREA INFORMATION APPLICATION LIMITATIONS Site Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Rate Units 1-A KDHWWTP, L.L.C. Dare 36.0086770 -75.669934' 0.28 -- 01284 - Non -Discharge Application Rate 10.0 GPD/ft2 1-13 KDHWWTP, L.L C. Dare 36.0084120 -75.669771 ° 0.28 -- 01284 - Non -Discharge Application Rate 10.0 GPD/ft2 - 3 BB Land Holding, LLC Dare 36.0073390 -75.6721650 0.06 -- 01284 -Non-Discharge Application Rate 10.0 GPD/ftz 4 BB Land Holding, LLC Dare 36.0076850 -75.6726090 0.12 -- 01284 - Non -Discharge Application Rate 10.0 GPD/ft2 5 BB Land Holding, LLC Dare 36.0072010 -75.673378' 0.06 -- 01284 - Non -Discharge Application Rate 10.0 GPD/ftz 6 BB Land Holding, LLC Dare 36.0069380 -75.6740200 0.21 -- 01284 - Non -Discharge Application Rate 10.0 GPD/ftz 7-A Somerset Village LLC Dare 36.006091 ° -75.6748290 0.17 -- 01284 - Non -Discharge Application Rate 10.0 GPD/ft2 7-13 Somerset Village LLC Dare 36.0057470 -75.6746170 0.17 -- 01284 - Non -Discharge Application Rate 10.0 GPD/ft2 Pond 1 BB Hamilton Cay, LLC, Devonshire Place Condo Unit Owners Sommerset Vill e LLC Dare 36.004892' -75.676581 ° 2.1 -- 01284 - Non -Discharge Application Rate 1.49 GPD/ft2 Totals 3.45 WQ0002829 Version 3.0 Attachment B Page 1 of 1 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring Wells: CW-A, CW-C, CW-D, CW-F, CW-G, CW-11-1, and CW-E-1 Permit Number: W00002829 Version: 3.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00680 Carbon, Tot Organic (TOC) mg/L 3 x Year Grab 1,6 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Yew Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 so 3 x Year Grab 1,2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1 70300 Solids, Total Dissolved - 180 °C 500 mg/L 3 x Year Grab I GWVOC Volatile Compounds (GW) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 1. 3 x Year monitoring shall be conducted in January, April, and September; Annual monitoring shall be conducted in September. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Volatile Organic Compounds (VOC) - In September only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/l, or less b. Standard Method 621 OD, PQL at 0.5 µg/L or less C. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used shall meet the following qualifications a. A laboratory shall be DW R certified to run any method used. b. The method used shall include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used shall provide a PQL of 0.5 µg/L or less that shall be supported by laboratory proficiency studies as required by the DWR Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 µg/L shall be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Washington Regional Office supervisor, telephone number (252) 946-6481, shall be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis shall be conductedto identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure I and this attachment. W00002829 Version 3.0 Attachment C Page I of t Figure 1: WQ0002829 - KDHWWTP Site Map - Monitoring Wells M i 14 .y- Legend 'A KDHWWTP ® Monitoring Wells try Figure 2: WQ0002829 - KDHWWTP Site Map - Irrigation and Infiltration Sites u . "'t - , Legend Infiltration Site A Irrigation Site A KDHWWTP imp.- - 7jiao -0 0\0 top 000 Av� NO 1*7 % it 0 Figure 3 - Compliance Boundaries and System Overview Site Map DALY IGl4iE1MTER DWOSAL SUYARY - COPLVNT OPERATING COIEIT I 1-A ANI) 1-0 S 4 S 1e 7-A AND 7-e POND , AND- 04&Y SUE (OAL) tgne u,em >Qn3 gneo ut.7m 1RLm �Le.SH zoo' DR124AGE 21BACX UVUS L ILEA (SQ FT.) Awm » Iyn am ♦aoC, waw IM- ,.a..w p4m LOAIWI RAZE® ai. rw La roe r40 rA0 ,.� Gu1A ` -A Ago,-� NAu Y wQ.e T�AiD �Arr.>w,e, uwo rtwrt ws'T cm�oa TOTAL De1PntA1 CAPACffY SOO,000 oPD DAILY ►ASIEWA DISPOS& aRUGARtY - PLNCf lPSET 6 w DPvuTTr1G CCfgf11O1S ' RE`�A BOUNDARY 1-A ND 1� 3 4 5 8 7-A 1N0 7-B F`QO 1 AND 2 QEflI AIEA IRRgAT10N COPLWKE DAdY W (Q ) n� Kna 1111E -- n4,� n»o R/A 11/A D15POYL "IA (xi FT.) x400 1R, 4® sm lID0 �timo 11/A -/A Y, �. �. lE T{U 1-A LOADW RATE OPD 341 t>n >U WI v11 '14] - CAPAM*qy coma nt>m�nac oars n ur..m�wa c urrtam lmRwP• TOTAL D1»'OSAL. Y' / Mlm ,e/».ce wrvlt>o1r Am® mnay.. oirp na Rnaq rn GPO \ � .\ F#i�TE XffLTRA�(M1 ,-e YI'� TI A AtOro 22e0 ACRES FOR DRIP REPAIR C0101,01a BDUWIDARY w f✓ ` A \� - i A ,�°'.A^\ E \ ^ 4 TOIK na non A � �\ �'�� /_ r �X�. � � S i \ �\� �� y �•�� w�s�pouorER r�xr F�nY RENEV BOUNDARY 9'' - -j \ •�' .. i.uc�'i�fr�Ffr,.n,0 VIEU TO BE ADC4ED ( 1. 1 ✓ 2W DkM%AM c01ffuMICE BaaoNtY COPLWICE YFLL TO BE ALJDO ED NnTWw l4 'Y��' , ,t/ �, � �'�• \'\,J � - i �/, ,, A �.�awrt sv RECLA�ED OtmiSPALi WWATUI STS7[Y P/JIAIEIER waruAwuu IFiR { .! ( J - y � �`� '�-' RATE TRAT10R a FLOM 217.o(PD U�_`.` �' ♦% l• ':'a Y Df! O'01AIIMAL 11G0 4 ' � {, �,� ✓ j% {'M LANCE BOUNDARY J "1 Io'4°" ,x>Iu �o aw i oeourun m ,� roo a A u�Y rrs rw 1 �� Y : ' RE'ffW BOUNDARY / _'0' °" NG 1mllal amvAa �A11O1 1ao,l�. le MY 11O1^ rot H DriY E101 A K A.A1fi 00 Ai �ii `aSi°M �>e�iv�o Asp m,per 1! A S ¢ pOjROIAL A ., RYA ON - RATE GREUMACE IRRIGATION 2olE DATA KQH RATE PRLTRATI N 7-11 ,, rJ MET. IRAT KM6 - ]E - - .-� 1 MApA�1Wa 00-v- mqm 118.E COIp1Al1]I MCOMPLIANCE WELL LEGE)OD AT ®glif MQ CA1RG D.LM11O1 ArA °'1 - LL[vA7911 wTw wA 1m C I A/A I8D-331 G71 HG1 RATE iIUTI 7-A S0. AIEA m Va1vu) (Ac) � 'f w 90 1 2-31 4.60 ,.0 11e 57: Se z 505 B.47 to lie m w -- 3 &4 317 to 11e S1, Sl 4 _ 6e7 Set to lie S1. 52 3 .4.02 OG4 14 lie S1. S2 / 1.02 1.e5 TA 11e St, Sl 7 an . 100 1.0 11e TOTAL. 44-i/ �/ nwroran-aiw , ACC �niRos EIIE ALL DATA REFER)ICED TO Hr Al- CPERA710N" SEE H19ROGE0.oOC n' Arne r1eTLAws setBACN REPORr FOR uPser aPERAnauL cornTt01R, �w—a — rt S4 AREA AND LOAE)!l0 RATES PER SNEE LL 4COMST REPORTS, v:� POD, ��Dr�2 ���«, .� Anl�ijf RECENED/NCDENROM MAY 2 3 2023 Water Quality Regional OPeratlons section Washington Regional office NORTH CAROLINA UTILITIES COMMISSION RALEIGH Docket No. W-1160 Exceptions Due on or Before November 15. M1 NOTICE TO PARTIES Parties to the above proceeding may file exceptions to the report and Recommended Order hereto attached on or before the day above shown as provided in G.S. 62-78. Exceptions, if any, must be filed (original and thirty (30) copies) with the North Carolina Utilities Commission, Raleigh, North Carolina, and a copy thereof mailed or delivered to each party of record, or to the attomey for such party, as shown by in one paragraph without argument. The grounds for each exception must be stated in one or more paragraphs, immediately following the statement of the exception, and may include any argument, explanation, or citations the party filing same desires to make. In the event exceptions are filed, as herein provided, a time will be fixed for oral argument before the Commission upon the exceptions so filed, and due notice given to all parties of the time so fixed; provided, oral argument will be deemed waived unless written request is made therefor at the time exceptions are filed. If exceptions are not filed, as herein provided, the attached report and recommended decision will become effective and final on November 16. 2001 unless the Commission, upon its own initiative, with notice to parties of record modifies or changes said Order or decision or postpones the effective date thereof. The report and Recommended Order attached shall be construed as tentative only until the same becomes final in the manner hereinabove set out. 9 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO, W-1160 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by KDHWWTP, LLC., Post Office Box } 3629, Kill Devil Hills, North Carolina 27948, for ) RECOMMENDED Authority to Transfer the Franchise to Provide Sewer ) ORDER APPROVING Utility Service in the Outer Banks Beach Club Service ) TRANSFER AND Area in Dare County, North Carolina, from Outer ) APPROVING RATES Banks Beach Club, Inc., and for Approval of Rates ) HEARD IN: Kill Devil Hills Town Hall, 102 Town Hall Drive, Kill Devil Hills, North Carolina, on Thursday, September 20, 2001, at 7:00 p.m. BEFORE: Ronald D. Brown, Hearing Examiner APPEARANCES: For KDHWWTP, LLC.: Robert F. Page, Vandeventer Black LLP, 1305 Navaho Drive, Suite 302, Raleigh, North Carolina 27609-7444 For Peppertree Resort Villas, Inc.:. Marcus W. Trathen, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Post Office Box 1800, Raleigh, North Carolina 27602-1800 For the Using and Consuming Public: Robert S. Gillam, Staff Attorney, Public Staff - North Carolina Utilities Commission, 4326 Mail Service Center, Raleigh, North Carolina 27699-4326 BROWN; HEARING EXAMINER: On 'August 6, 2001, KDHWWTP, LLC. (Applicant), filed an application with the Commission seeking authority to acquire the franchise and assets of the sewer system presently franchised to Outer Banks Beach Club, Inc. (OBBC). The application indicated that Peppertree Resort Villas, Inc. (Peppertree), is the successor by merger to OBBC and is the current owner of the sewer system. Peppertree has not applied for or received a Certificate of Public Convenience and Necessity from this Commission. On August 23, 2001, the Commission Issued an order scheduling this matter for hearing and requiring customer notice. The hearing was held on September 20, 2001, as scheduled in Fall Devil Hills, North Carolina. Counsel for the Applicant and Peppertree were not present at the hearing. During the hearing, the Public Staff moved that the hearing be limited to the testimony of public witnesses. The Applicant, through Its manager who was present at the hearing, indicated that it did not object to the motion, and the motion was granted. On September 24, 2001, Peppertree filed a Certificate of Service indicating that customer notice had been given as ordered by the Commission. On October 24, 2001, the Applicant, Peppertree, and the Public Staff filed a joint stipulation settling the issues between the parties In this proceeding and requested that the franchise be approved immediately, subject to the conditions contained in the stipulation. On the basis of the verified application, the stipulation, and the records of the Commission, the Hearing Examiner makes the following FINDINGS OF FACT 1. The Applicant is properly before the Commission seeking approval for the transfer of the utility assets currently owned by Peppertree, franchised to OBBC, and serving customers in the Outer Banks Beach Club service area. 2. The Outer Banks Beach Club service area includes only the tracts of land occupied by the customers who are receiving service on the day of transfer, together with the approximately 73 acre tract presently designated for use as the Outer Banks Beach Club wastewater treatment and disposal system. A map of the service area has been filed In this docket. 3. The facilities currently used to provide sewer utility service by Peppertree are not in compliance with the Division of Water Quality (DWQ) regulations governing operation and maintenance of a nondischarge wastewater treatment and disposal facility. The Applicant should be required to address DWQ noncompliance and bring the facilities into full compliance with DWQ regulations within 18 months after the transfer. 4. Peppertree does not currently own or have control of its entire sewage collection system. The Applicant should be required to acquire ownership of the entire collection system Infrastructure within 12 months. 2 5. The rates proposed by the Applicant are the same rates currently being charged by Peppertree. These rates have been in effect since October 1987, and are as follows: 1 bedroom Each additional bedroom $13.00 . $ 3.00 per bedroom Nonresidential Service: $5.00 per 100 gallons per day of allocated capacity Connection Fee: $6.44 per 1.00 gallons per day of allocated capacity 6. The nonresidential tariff is applied to the "allocated capacity" that each customer has purchased through various agreements between OBBC or Peppertree and the customers. The Applicant and the Public Staff have agreed on the Individual capacities purchased by each customer, which are included in the joint stipulation. 7. The Applicant should be required to review its rate structure with the Public Staff following 12 months of operation by,the Applicant and to propose, jointly with the Public Staff, any equitable modifications to the rate structure that will not result in any increase or decrease in its revenue requirement. 8. Service revenues in the amount of $22,206.24 was overcollected by Peppertree from two customers. Peppertree should be required to refund these overcollections from the proceeds of the sale of the utility system to the Applicant. Peppertree should be required to file a letter with the Commission within 7 days after dosing Indicating that the refunds have been completed. 9. The net book value of the Applicant's utility assets at the time of transfer is $100,000, subject to any excess capacity adjustments in future rate case proceedings. -10. Any plant additions and collection of CIAC occurring subsequent to the transfer, Including facility expansion or improvement or de minimis amounts paid by the Applicant to acquire entire ownership of the collection system, may be Included in rate base, subject to review by the Public Staff in a general rate case proceeding. The Applicant should be required to maintain appropriate documentation regarding plant additions and CIAC. 11. The Applicant and the Public Staff have stipulated that a $75,000 bond should be sufficient for the Outer Banks Beach Club service area. The Applicant has posted a $75,000 bond. r . 3 12. The Applicant has the technical, managerial, and financial capacity to provide sewer utility service in the Outer Banks Beach Club service area. 13. The parties have waived the right to file exceptions to a recommended order as it relates to the Issues contained herein. 14. Granting the transfer of the franchise for sewer utility service in the Outer Banks Beach Club service area from OBBC to the Applicant is Justified by the public convenience and necessity. CONCLUSIONS Based upon the foregoing, the Hearing Examiner is of the opinion that the bond and surety should be accepted and approved, that the stipulation of Peppertree, the Applicant, and the Public Staff should be approved, that the franchise for sewer utility service in the Outer Banks Beach Club service area should be transferred to the Applicant, and that the rates currently approved for OBBC should be approved for the Applicant. IT IS, THEREFORE, ORDERED as follows: 1. That the letter of credit filed in this proceeding, as surety for the bond in the amount of $75,000 required by the Commission, is hereby accepted and approved. 2. That upon receipt of written confirmation that the transfer has been completed, KDHWWTP, LLC., Is granted a Certificate of Public Convenience and Necessity to provide sewer, utility service In the Outer Banks Beach Club service area in Dare County, North Carolina. 3. That the franchise currently held by Outer Banks Beach Club, Inc. shall be canceled upon receipt of written confirmation that the transfer has been completed. 4. That Appendix A constitutes the Certificate of Public Convenience and Necessity. 5. That the Schedule of Rates, attached as Appendix B, is approved for KDHWWTP, LLC., and is deemed filed with the Commission pursuant to G.S. 62-138. 6. That a copy of the Notice to Customers, attached as Appendix C, and the Schedule of Rates, attached as Appendix B, shall be mailed with sufficient postage or hand delivered by KDHWW' P, LLC., to all customers In connection with the next regular billing process. 7. That the Joint Stipulation of Peppertree Resort Villas, Inc., KDHWWTP, LLC., and the Public Staff, filed on October 24, 2001, is hereby approved. 4 J 8. That KDHWWTP, LLC., shall address DWQ noncompliance and bring its facilities into full compliance with DWQ regulations within 18 months after the transfer. 9. That KDHWWTP, LLC., shall acquire ownership of the entire collection system infrastructure within 12 months.: 10. That Peppertree Resort Villas, Inc., shall refund the overcollections it has received from its customers from the proceeds of the sale of the utility system and shall file a letter with the Commission within 7 days after dosing indicating that the refunds have been completed. 11. That KDHWWTP, LLC., shall maintain appropriate documentation regarding plant additions and CIAC. 12. That this docket shall remain open for a sufficient period of time to allow KDHVVWTP, LLC., and the Public Staff to evaluate the rate structure applicable to service in the Outer Banks Beach Club service area rendered by KDHWWTP, LLC., and to jointly recommend any modification deemed necessary by them. 6102501.01 ISSUED BY ORDER OF THE COMMISSION. This the 31 st day of October , 2001. NORTH CAROLINA UTILITIES COMMISSION &41a . Geneva S. Thigpen, Chief Clerk A STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX A DOCKET NO. W-1160 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION is granted this to provide sewer utility service in Dare County, North Carolina subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission. ISSUED BY ORDER OF THE COMMISSION. This the 31 st day of October , 2001. NORTH CAROLINA UTILITIES COMMISSION Geneva S. Thigpen, Chief Clerk J SCHEDULE OF RATES for KDHWWTP. LLC. for providing sewer utility service in OUTER BANKS BEACH CLUB SERVICE AREA Dare County, North Carolina Monthly Flat Rate for Residential Service: 1 bedroom unit $13.00 Each additional bedroom $ 3.00 per bedroom Monthly Flat Rate for Nonresidential Service: $5.00 per 1 QO gallons per day of allocated capacity Connection Fee: $6.44 per gallon per day of allocated capacity Reconnection Charges: If sewer service cut off by utility for good cause FS1:1=1011110: $15.00 On billing date 15 days after billing date Shall be quarterly for service in arrears 1 % per month will be applied to the unpaid balance of all bills still past due 25 days after billing date. Return Check Charge: $25.00 Issued in Accordance with Authority granted by the North Carolina Utilities Commission in Docket No. W-1160 on this the 31 st day of October, 2001. A STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-1160 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by KDHWWTP, LLC., Post Office Box ) 3629, Kill Devil Hills, North Carolina 27948, for } Authority to Transfer the Franchise to Provide Sewer } Utility Service in the Outer Banks Beach Club Service ) Area In Dare County, North Carolina, from Outer } Banks Beach Club, Inc., and for Approval of Rates ) APPENDIX C NOTICE TO CUSTOMERS NOTICE IS HEREBY GIVEN that the North Carolina Utilities Commission has approved the transfer of the sewer system presently franchised to Outer Banks Beach Club, Inc., to KDHWWTP, LLC. The Commission -approved rates have not changed and are attached hereto in the Schedule of Rates, Appendix B. ISSUED BY ORDER OF THE COMMISSION. This the 31 st day of October , 2001. NORTH CAROLINA UTILITIES COMMISSION &'Iu� e� - a"rzo-', Geneva S. Thigpen, Chief Clerk