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repealed.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)]
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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.
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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)]
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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)]
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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�.
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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
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HG1 RATE iIUTI 7-A
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(Ac)
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w 90
1
2-31
4.60
,.0
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z
505
B.47
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lie
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3
&4
317
to
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4 _
6e7
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3
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14
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S1. S2
/
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7
an .
100
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TOTAL. 44-i/
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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