HomeMy WebLinkAboutWQ0002284_Correspondence_199010230-v
oc oFFIcC
State of North Carolina 261990
Department of Environment, Health, and Natural Reso4rrpes
512 North Salisbury Street • Raleigh, North Carolina 27611 p
James Cs Martin, Governor
William W. Cobey, Jr., Secretary
October 23, 1990
MEMORANDUM
TO: Jim Mulligan
John C. Hunter
General Counsel
Office of General Counsel
Edwin L GwOn fi
John P. &vkley
David G. Heeter
J. Peter Rascoe, Ill
James C. Holloway
Leigh L Stallings
Robert R. Gebl un
Billy R. Godwin
Elizabeth E. Rouse
FROM: Leigh Stallings A__
RE: Civil Penalties Assessment dated September 28, 1990
Outer Banks Beach Club Association, Inc.
File No. WQ 90-15
Dare County
Attached please find a letter dated October 19, 1990 from C.
Wayne Kinser, President of Outer Banks Beach Club, Inc. and
supporting documentation regarding - the above -referenced
assessment of civil penalties.
Once you have had an opportunity to review the enclosed,
please give me a call so that we may discuss same.
Specifically, I would like to know whether there is any
truth to Mr. Kinser's allegations that:
(1) Permit No. 13195 (for construction) superseded Permit
No. 6979R3; and
(2) The data required by Permit No. 6979R3 (which we have
claimed was not timely filed) was properly submitted
under Permit No. 13195.
Outer Banks' deadline for filing a Petition in this matter
expires on November 12, 1990. Accordingly, your immediate
attention to this matter would be appreciated.
I look forward to hearing from you.
LLS\rbw
Attachment
cc: Steve Tedder
P.O. Box 27687 • Raleigh, North Carolina 27611-7687 • Telephone 919-733-7247
An Equal Opportunity Affirmative Action Employer
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RESORTS, ,
October 16, 1990
Mr. Jim Mulligan
State of North Carolina
Department of Environment, Health & Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
RE:' Permit 6979R3, Outer Banks Beach Club, Dare County
Dear Mr. Mulligan:
MASH f NGTONECD)FFIC,E
OCT 1 81990
Your letter of October 12, 1990, states that we were assessed for failure to submit the
reports on time. You further asked that we offer evidence to prove that the reports were
submitted on time. The assessment states that we are being fined for "failure to report"
stating that you never received the reports. It does not say anything about their being
late.
As to evidence they were reported "on time", Environment 1 Incorporated, which does the
testing, did the work in a timely manner and the reports are in their files. The
operator at the that time, Bob Barnum says he mailed the reports on time. We have a
letter from you dated November 21, 1989 stating that the reports were not received.
The attached letter to you dated December 19, 1989 from Rose and Associates states the
data for these months was enclosed. The complaint dated August 29, 1990, states "Beach
Club failed to submit self- monitoring data for the period November 1988 through October
1989 with the exception of November 1988, January 1989, and June 1989, which Staff
received on December 15, 1989." Please note that this letter refers to NC Permit No.
13195, and your letter and the assessment letter refer to the earlier Permit No. 6979R3.
I feel the problem may be in the confusion of the permit numbers. Permit No. 13195
issued December 7, 1987, was an expansion of permit No. 6979R3. Both of these permits
were combined in the current Permit No. WQ0002829 issued April 11, 1990.
Whatever the permit number, we have only.one total wastewater system at Kill Devil Hills,
and the reports would relate to the total system. Our record shows the data was
submitted and again we ask that the assessment be waived. I would prefer that this be
handled at the local level if possible.
Sincerely,
OUTER BANKS BEACH CLUB, INC.
e
Presiden
CWK/jw
enclosure
P.O. BOX 6319, ASHEVILLE, NORTH CAROLINA 28816
704/ Qs4l-s89Y
DOSE 1 A 1 1✓ L �„
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F.-.-
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December.l9, 1989
INGTON OFFICE
OCT 181ZO
NC Dept. - of Environment* Health -
and Natural Resources TO Box 1507
Washington, NC 27889-1507 _
Attention: Mr. Jim Mulligan - _ -
Regional Supervisor _
Reference: Notice of Violation
Outer Banks Beach Club
NC Permit #13195
Dare County
POB-8501.771
Dear Jim:
Reference is made to your letter dated November 21, 1989, regarding
facility's self -monitoring data for the above referenced facility.
Please find.enclosed the following reports:
November 1988
- - --T - -December 1988--
January 1989
- --- -__. February 1989
March 1989
April.1989
May 1989
July 1989
August 089
September "1989
October 1989.
It was my understanding you had the June 1989 report in your file. -
It is important we obtain the permit for the Da r.e.County Schools as
soon as possible. If you or Mr. Barlow should have any questions,
1610 Hwy. 70 East
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-D e c e mb e r -19, 1989
Page .Two
'
please feel free to call this office.
Sincerely,
Josep W. Rose, Civi 1-PE RL S,
President
m
JWR:vlw
Encl.
cc Bill Barlow
DEM Control Files
vWayne Kinser
Billy Emanuelson
John Luke
e'-of;North Carolina
.rtment of Environment, Health, and NaturIal:'Resources
North -Salisbury Street
igh, North Carolina 27611
Subject:
Dear Ms. Stallings:
r
OCT: 2 3" 1%
D.�M
Assessment of Civil Penalties for Violations(s) of North Carolina
Permit No.6979R3 and North Carolina General Statue 143-215.1, Dare
County, File No. WQ 90-15
The options you have indicated which are available to us do not fit the facts of the
situation. It appears that the problem is due to confusion caused by the same wastewater.
system having two different permit numbers. Permit No. 6979R was issued May 21, 1982.
Permit No. 6979R2 was issued January 21, 1985, to be effective until January 3, 1990.
Permit No. 6979R3 issued May 20, 1985, voided Permit No. 6979R2 and was effective until r
May 23, 1986. Permit No. 13195 was issued May 23, 1986, did not void No. 6979R311 and was, -_a>
effective until May 31, 1991. Permit No. 0002829, issued April 11, 1990, voided Permit
WWQ
No. 6979R3 and No. 13195 and is effective until April 30, 1991.
All of these permits are a little confusing; however, they each apply to the same ;1
wastewater treatment facility and expansions thereto.
The assessment is for violation of Permit No. 6979R3, which we felt was replaced by
Permit No. 13195. our records indicate the data was submitted under No. 13195. A notice`;....".
of violation of Permit No. 13195, dated November 21, 1989 was received. The attached
letter from Rose and Associates, dated December 19, 1989, shows that the material was
sent. Mr. Jim Mulligan indicates he now has the reports.
I submit that the reports were filed and show that the plant was in compliance. The
assessment against Permit No. 6979R3 should be dismissed because that number was
superceded by Permit No. 13195. There is only one wastewater system and the data
submitted could only apply to the one system.
If this matter cannot be resolved with this information, please note that a copy of this
letter will be sent with a request for an administrative hearing.
Sincerely,
a
BEACH CLUB, INC.
frr
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s:
P.O. BOX 6319, ASHEVILLE, NORTH CAROLINA 28816
October 16, 1990
Mr. Jim Mulligan
State of North Carolina
Department of Environment, Health & Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
RE: Permit 6979R3, Outer Banks Beach Club, Dare County
Dear Mr: Mulligan:
Your letter of October.12, 1990, states that we were assessed for failure to submit the
reports on time. You further asked that we offer evidence to prove that the reports were
submitted on time. The assessment states that we are being fined for "failure to report"
stating that you never received the reports. It does not say anything about their being
late.
As to evidence they were reported "on time", Environment 1 Incorporated, which does the
testing, did the work in a timely manner and the reports are in their files. The
operator at the that time, Bob Barnum says he mailed the reports on time. We have a
letter from you dated November 21, 1989 stating that the reports were not received.
The attached letter to you dated December 19, 1989 from Rose and Associates states the
data for these months was enclosed. The complaint dated August 29, 1990, states "Beach
Club failed to submit self- monitoring data for the period November 1988 through October
1989 With the exception of November 1988, January 1989, and June 1989, which Staff
received on December 15, 1989." Please note that this letter refers to NC Permit No.
13195, and your letter and the assessment letter refer to the earlier Permit No. 6979R3.
I feel the problem may be in the confusion of the permit numbers. Permit No. 13195
issued December 7, 1987, was an expansion of permit No. 6979R3. Both of these permits
were combined in the current Permit No. WQ0002829 issued April 11, 1990.
Whatever the permit number, we have only one total wastewater system at Kill Devil Hills,
and the reports would relate to the total system. Our record shows the data was
submitted and again we ask that the assessment be waived. I would prefer that this be
handled at the local level if possible.
Sincerely,
OUTER BANKS BEACH CLUB, INC.
C. Wayne Kinser
,President
CWK/]w
enclosure
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.HOSE --- -AND ,A S S O C I A T ES
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:Engineers :Planners = Surveyors
December 19, 1989
NC Dept. of Environment, Health
and Natural Resources
PO Box 1507
Washington, NC 27889-1507
Attention: Mr. Jim Mulligan
Regional Supervisor
Reference: Notice of Violation
Outer Banks Beach Club
NC Permit #13195
Dare County
POB-8501.771
Dear Jim:
Reference, is made to your letter dated November 21, 1989, regarding
facility's self -monitoring data for the above referenced facility.
Please find enclosed the following reports:
November 1988
- - -- December 1988
January 1989
February 1989
March 1989
April 1989
May 1989
July 1989
August 1�89
September 1989
October 1989
It was my understanding you had the June 1989 report in your file.
It is important we obtain the permit for the Dare.County Schools as
soon as possible. If you or Mr. Barlow should have any questions,
1610 Hwy. 70 East Post Office Box 1248 New Bern, North Carolina 28560-1248
(919) 633•4.300
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December '19, .1989
-Page Two r ,.
please feel free to call this office.
Sincerely,
L;;Josep W. Rose, Civil-PE,RLS,
President
JWR.vlw
Encl.
cc Bill. Barlow
DEM Control Files
vWayne Kinser
Billy Emanuelson
John Luke
i
1?,0SE AND .ASSOCIATES;` -.P.r
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Engineers Planners Surveyors
October 5,' 1990
S
NC Dept. of Environment, Health
and Natural Resources
Div. of Environmental Management--------- - - -- --- --- .- - - --- -- -
PO Box 1507
Washington, NC 27889-1507
Attention: Mr. Jim Mulligan
Reference: Outer Banks Beach Club
Wastewater Treatment Plant
POB-8501.771
-Dear Jim:
Our review of the monthly plant reports and the monitoring well reports
indicate the plant and rotary type effluent disposal system has been
operating, for. the last two (2) years, within the limits as required
by the permit, except the following:
DATE
PARAMETER
11/28/88
Fecal Coliform
1/09/89
Fecal Coliform
1/10/89
Fecal Coliform
2/07/89
BOD, mg/l
--5/16/89
Ammonia Nitrogen
MAXIMUM
100
mg/l max.
100
mg/1 max.
100
mg/l max.
10
mg/l max.
4
mg/l max.
REPORTED
400
mg/l
330
mg/l
420
mg/l
13
mg/l -
7.8
mg/l
It is.evidenced by the on -site inspections, the plant operation has
improved. The above test results that exceeded the permit limits may
have been in the sampling procedure, because it didn't continue and
is not apparent today.
If the Regional Office should have any further comments, please copy
this office.
Sincerely,
Jo ph W. ose, �Civil--PE,RLS,
President
t
JWR:vlw
I cc -,.,-Wayne Rinser
Billy Emanuelson
I -John Luke
_1tis 10 Hwy. 70 East Post Office Box 1248 New Bern, North Carofina 28560-1248 .(919) 633-4300
State of North Carolina
Department of Environment, Health and Natural Resources
Nortivmstem Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor Lorraine G. Shinn
William W. Cobey, Jr., Secretary - __-- - ---------.---- -- -. - -- -. __-- _-- - Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 12, 1990
Mr. C. Wayne Kinser, President
Peppertree Resorts, Ltd.
PO Box 6319
Asheville NC 28816
SUBJECT: Permit 6979R3
Outer Banks Beach Club
Dare County
Dear Mr. Kinser:
This is in response to your letter dated October 8, 1990. We do have
the reports now. You were assessed for failure to submit the reports
on time as required by your permit. Unless you have evidence to prove
that the reports were submitted on time, I can not recommend remitting
the penalty.
If you have any questions, please call me at 919/946-6481.
Sincerely,
4 Mulligan
gional Supervisor
1
I
PA. Boot 1507, Washirwoon, North Carolina 278 94i Telephone 919-%&60 ,
I _
- An EgLW Opportunity Affirmative Action Employs
Mr. Jim Mulligan,_ Regional. Supervisor _-- - - --
State of North Carolina
Dept. of Environment, Health and Natural Resources
P.O. Box 1507
Washington, NC 27889-1507
RE: Permit No. 6979R3
Dear Mr. Mulligan:
I am at a loss to understand the Assessment of Civil Penalties for violation of
Permit No 6970R3. A notice of violation was sent from your office dated
November 21, 1989. The attached letter from Rose and Associates, dated
December 19, 1989, shows that the data for November 1988 through October 1989
was sent on that date. Yet, the complaint states that data for that period was
not received.
As.you are no doubt aware, we have made a change in operators and now feel that
we have one of the best operational systems on the coast of. North Carolina.
Please do not hesitate to contact me should you have other questions.
Sincerely,
- PEPPERTREE RESORT'S, -LTD.
OUTER BANKS BEACH CLUB, INC.
WASTEKATER TREATMENT. PLANT
C. Wayne Kinser
President
CWK/jw
,- "CERTIFIED RETURN RECEIPT -
ME
,, REQUESTED a+�
State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
F
James G. Martin, Governor Lorraine G. Shinn
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 27, 1990
Mr. C. Wayne Kinser, President
Outer,Banks Beach Club
P.O. Box 6931
Asheville, N.C. 28806
SUBJECT: Notice of Initiation of Enforcement Action
Outer Banks Beach Club
Dare County
Dear Mr. Kinser:
The purpose of this letter is to notify you that the
Washington Regional Office of the Division of
Environmental Management has recommended an Enforcement
Action against the Outer Banks Beach Club, located in Dare
County. The Enforcement Action addresses the following
violation:
The Outer Banks Beach Club has violated its'
Non -discharge Permit 6979R3 with respect to
monitoring and reporting as required by
conditions 23, 24, and 25.
If you have any questions, you may contact this office at
919-946-6481.
Sincerel ,
m Mulligan
gional Supervisor
DD/
cc: WQ central files
V- �Ile 15
4
State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor Lorraine G. Shinn
William W. Cobey, Jr., Secretary _ - _ - - — - Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 21, 1989
Mr. C. Wayne Kinser, President
Outer Banks Beach Club
P:O. Box 6931
Ashville, N.C. 28806
Subject: Notice of Violation
Outer Banks Beach Club
NC Permit ##
re Coun
Dear Mr. Kinser:
A review of the subject facility's self -monitoring data
for the wastewater treatment plant indicates that the
Outer Banks Beach Club is in violation of it's discharge
permit with respect to i 's monitoring requirements.
'7 �/ � bq ,
Condition 5 o he facility's discharge permit requires
t e ty to submit monthly monitoring reports to the
Division of Environmental Management, Washington Regional
Office within thirty (30) days following the end of each
monthly reporting period. Given the past twelve (12)
months the Regional Office has received self -monitoring
monthly reports for November 1988, January 1989, and June
1989.
You are hereby advised that violations of your discharge
permit are a violation of N.C. General Statute's and as
such are subject to civil penalty assessment by this
Division's Director. You are requested to provide this
office within 30 days the required self -monitoring data as
required by the facility's permit. Failure to provide the
required self -monitoring data will most probably initiate
an enforcement action.
PLO. Box ism, Washingoon, Nord C rana rreav-ism Tde*)m 9i%9v 64si
An EgLW OpNmn*y Aff mudw Acdon Employer
DD - -- -
cc: WQ central files through
Compliance oversight
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor May 20, 1985 S. Thomas Rhodes, Secretary
Mr. Wayne Rinser, President
Outer Banks Beach Club, Inc.
P. 0: Drawer M
Rill Devil Hills, North Carolina 27948
SUBJECT: Permit No. 6979R3
Outer Banks Beach Club, Inc.
0.3 MGD Wastewater Treatment Facilities
Dare. County
Dear Mr. Rinser:
In accordance with your letter of request received April 9, 1984, the Division
of Environmental Management has reviewed plans for the proposed 200,000 GPD expansion
of the existing 100,000GPD Outer Banks Beach Club wastewater treatment 'facilities
covered under -Permit No. 6979R2. The proposed plans have been found to be satis-
factory, and we are forwarding herewith a revised permit for construction and
operation of the expanded non -discharge wastewater treatment facilities.
This permit shall be effective from the date of issuance unti Za3 1, 1990, l�
shall be subject to the conditions and limitations as specified therein, _d___
shall.void Permit No. 6979R2 dated January 21, 1985. -
As you are aware, during the course of reviewing this proposal our staff
expressed strong concerns about the need for adequate flow equalization and influent
pumps being properly sized for the system. We believe the final design plans
which call for installation of a 32,492 gallon aerated flow equalization basin
with maximum operating storage of approximately 30,000 gallons should be adequate
to handle anticipated peak flows to the existing 100,000 GPD treatment plant.
Inclusion of valve -controlled flow return lines to reduce actual flow to the
plant from the surge tank pumps should further ensure that the treatment facilities
will not be overloaded. We strongly recommend that the valves be set to control
flow into the plant at 70 GPM, which is the design flow rate of the existing
treatment facilities. In no case should flow to the plant exceed 80 GPM (1.15 Q)
in accordance with Condition 14.
Prior to start-up of the new treatment facilities, a study of the performance
of the flow equalization basin and the need for additional flow equalization
facilities must be submitted to, and approved by, this Division as stipulated
1 in Condition 16. If additional flow equalization is needed, start-up of the
second and third 100,000 GPD treatment units will not be allowed until adequate
additional flow equalization is in place.
Contd . PJa Bar 27697. P26gK Nwr Carohm 27611-7687 TdeOxm 919.733-1984
An Equal OpM=thy / Affinnadw Aaion Employer
Please also note Condition 17 which requires that plans be submitted for upgrading
the existing 20G-GPM pump station in the sewer collection system before construction
begins on the expanded facilities. Also, please be aware that Condition 16 requires
construction of the new treatment facilities to begin within 45 days after flow
to 'the existing plant reach 70% of capacity for any month.
If any parts, requirements, or limitations contained in this permit are unaccept-
able to you, you have the right to an adjudicatory hearing before a hearing officer
upon written demand to the Director within thirty (30) days following receipt of
this permit, identifying the specific issues to be contended. Unless such demand
is made, this permit shall be final and binding.
Please be aware that any future transfer of ownership and maintenance respon-
sibility of these facilities must be approved by this Division by requesting permit
reissuance, since this permit is non -transferable.
One (1) set of approved plans and specifications is being forwarded to you.
If you have any questions or need additional information concerning this matter,
please contact Mr. Robert P. Teulings, telephone No. 919/733-5083, ext. 121.
Sincer ly yours,
R. Paul Wilms
irector
cc: Dare County Health Department
Rose and Associates, P.A.
Mr. Dennis R. Ramsey
Washington Regional Supervisor
Town of Kill Devil Hills
RPT/cgc
PERMIT
For the Discharge of Sewage,' Industrial Wastes, or Other Wastes
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
PERtifISSION IS HEREBY GRANTED .TO
Outer Banks Beach Club, Incorporated
Dare County
continued operation of the existing sewer collection system, 200 GPM influent
pump station, and 100,000 GPD tertiary wastewater treatment facilities discharging
to four (4) rotary distributors; construction and operation of an aerated 32,492
gallon flow equalization tank with approximately 30,000 gallons of operating
storage capacity, high-water alarm, and dual 105-GPM submersible pumps connected
to the existing -plant with valves and piping which allow control of flow rate
into the plant and return of excess flow to the equalization basin;and construction
of additional 200,000 GPD capacity non -discharge type tertiary wastewater treatment
facilities consisting -of dual 100,000 gallon capacity extended aeration tanks
(each supplied from the equalization basin with a separate set of dual 105 GPM
submersible pumps with valve -controlled excess flow return lines), dual sludge
holding tanks, four (4) 260 CFM blowers, dual 100,000 GPD capacity tertiary filter
units with two (2) 28 square foot filter cells in each unit, a 4,116 gallon baffled
chlorine contact tank with four (4) Sanuril tablet chlorinators,.recording.effluent
flow meter, an effluent dosing tank with four (4) 150 GPM submersible pumps discharging
to four (4) 80 foot diameter rotary distributors, on -site generator for stand-
by power:, and all associated piping, valves and appurrenances'to serve the .Outer
Banks Beach Club with no discharge to the surface waters of the State,
pursuant to the application feceived April 9, 1984, and in conformity with the
project plans, specifications, and other supporting data, subsequently filed and
approved by the Department of Natural Resources and Community Development and
considered a part of this permit.
This Permit shall be effective from the date of issuance until May 31, 1990,
shall void Permit No. 6979R2 dated January 21, 1985, and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in
accordance with.the approved plans, specifications and other supporting data.
p. This permit is effective only with respect to the nature and volume of wastes
j described in the application and other supporting data.
5. This permit is not transferable.
6. This permit shall become voidable In the event of failure of the snit to
adequately absorb the wastes, and may be rescinded unless the facilities are
installed, maintained and operated in a manner which will protect the assigned
water quality standards or the surface waters -and- ground waters.
7. In event the facilities fail to perform satisfactorily including the creation
of nuisance conditions, the Permittee shall take such immediate corrective
action as may be required by this Division, including the construction of
additional or replacement wastewater treatment or disposal facilities.
8. The sludge generated from these treatment facilities must be disposed of in
accordance with General Statutes 143-215.1 and in a manner approvable by the
North Carolina Division of Environmental Management.
9. The issuance of this permit shall not relieve the Outer Banks Beach Club of
the --responsibility for damages to surface or ground waters resulting from the
operation of this facility.
10. Diversion or bypassing of the untreated wastewater from the facilities is prohibited.
11. This permit shall become voidable unless the agreement between the Outer Banks
Beach Club, the Outer $anks Beach Club Association, Inc., and the North Carolina
Division of Environmental Management is in full force and effect.
12. The four (4) new rotary distributors (Units 5, 6, 7, and 8) to serve the new
treatment facilities shall be installed at the locations and elevations approved
by the Division's Washington Regional Office.
13. Maintenance shall be accomplished as necessary to keep the wetted surface of
all rotary distributor beds free of vegetation and organic matter.
14. At no time shall wastewater flow from the surge tank into the plant exceed 1.15
times the design capacity of -the operating treatment units (ie, 80 GPM to each
100,000 GPD unit).
15. When flow to the existing treatment facilities for any month reaches an average
of 70,000 GPD, construction must begin within 45 days on the second 100,000
GPD unit. Work in the third 100,000 GPD unit must begin within 45 days after
the flow average for any month reaches 160,000 GPD.
16. Prior to start-up of the second and third 100,000 GPD units, a study of the
performance of the existing flow equalization basin and the need for additional
flow equalization facilities must be submitted by the Permittee and approved
by -the Division of Environmental Management. If additional flow equalization
is determined by the Division of Environmental Management to be needed, start-
up of the second and third 100,000 GPD units will not be allowed until adequate
additional flow equalization is in place.
18. No wastewater connection or discharge of any type shall be made to the second
and third 100,000 GPD treatment units until written approval has been obtained
from the Division of Environmental Management.
19. The Permittee shall employ a certified wastewater_ treatment plant operator.
in responsible charge of the wastewater treatment facilities. Such operator
must hold a certificate of the grade at least equivalent to the classification
assigned to the wastewater treatment facilities by the Certification Commission.
20. The Permittee, at least six (6) months prior to the expiration of this Permit,
shall request its extension. Upon receipt of the request, the Commission
will review the adequacy of the facilities described therein, and if indicated,
will extend the Permit for such period of time and under such conditions and
limitations as it may deem appropriate.
21. To prevent breakout, the beds of the new rotary distributors (Units 5, 6, 7 and
8) shall be constructed such that the slopes of the shoulder areas decrease in
elevation no more than one (1) foot vertically per 25 feet horizontally to a
distance of 100 feet from the rotor edge.
22. Three (3) additional groundwater wells shall be installed (1 upgrade and 2 down-
grade) to monitor the new rotary distributor units. The exact location and con-
struction of these wells must be approved by the Division's Washington Regional
Office.
23. All groundwater monitoring wells (new and existing) shall be sampled every March,
July and November for the following parameters: NO3, total ammonia, total dis-
solved solids, total organic carbon, chloride, total coliforms, pH, oftho phos-
phate and water levels. _Water levels are to be measured immediately prior to
any pumping or bailing for groundwater quality samples. Note: The first samples
from the new monitoring wells for rotary distributor units 5, 6, 7 and 8 should
be taken prior to initial disposal of wastewater from these rotors.
24. Influent and effluent wastewater at the treatment facilities shall be monitored
in accordance with the following requirements:
Tests and Measurements Location of Sampling Points Measurement Frequency
Settleable Matter
Effluent
Daily
Residual Chlorine
Effluent
Daily
Flow
Influent
or Effluent
Daily
PH
Influent,
Effluent
Monthly
BOD, 5-Day, 20 Degree C
Influent,
Effluent
Monthly
Coliform, Fecal
Effluent
Monthly
Total Suspended Residue
Influent,
Effluent
Monthly
Ammonia Nitrogen
Influent,
Effluent
Monthly
25. Monthly monitoring reports shall be submitted to the Divisions Washington
Regional Office within thirty (30) days following the end of each monthly
reporting period. Daily flow charts shall be retained on site by the plant
operator for a period of at least one (1) year.
26. The Washington Regional Office, telephone number 919/946-6481,shall be noti-
fied at least twenty-four (24) hours in advance of starting up the installed
facilities so that an in -place inspection can be made of the facilities prior
to operation. Such notification to the Regional- Supdrvisor shall be made
during the normal office hours from 8:00 A.M. until 5:00 P.M. on Monday
through Friday, excluding State Holidays.
0
Permit issued this the 20th day of May, 1985.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
R. Paul Wilms, Director
Division of Environmental Managemen
By Authorith of the Environmenta nagement Commission
Permit No. 6979R3
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y�
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Managanent
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
S..Thomas Rhodes, Secretary_._. _ - _ -'-- May 23, 1986
Mr. C. Wayne Kinser, President
Outer Banks Beach Club, Inc.
P.O. Box 6931
Asheville, N.C. 28806
Dear Mr. ' Kinser:
R_ Paul Wilms
Director
SUBJECT: Permit No. 13195
Outer Banks Beach Club, Inc.
0.5 MGD Wastewater Treatment
Facilities
Dare County
In accordance with your application received December 4, 1985, we are
forwarding herewith Permit No. 13195, dated May 23,.1986, to the Outer Banks Beach,
Club, Inc. for tare construction only of the subject non -discharge wastewater treatment
facilities.
This permit shall be effective from the date of issuance until May 31, 1991,
and shall be subject to the conditions and limitations as specified therein.
.Please note.that this permit approves only the construction of -the subject -- -
facilities. Approval for operation must be obtained in writing from the Division
of Environmental Management prior to discharge of any wastewater into the treatment `
works. Approval for operation will be contingent upon compliance with conditions 12
and 13.
This permit does not affect the legal requirement to obtain other permits which
may be required by the Division of Land Resources, Coastal Area Management Act, or
any other Federal or"local governmental permit that may be required.
Please be aware that any future transfer of ownership and maintenance
responsibility of these facilities must be approved by this Division by requesting
permit reissuance, since this permit is non -transferable.
Pollution Pmention Pays
P.O. Box 27687, Raleigh, Norm Carohna 27611-7697 Telephone 919-733-7015
An Equal Opportunity A(fimudve Acton Employ r
r - 4.
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set of approved plans and specif ications is being 'forwarded to you.
If YOU need additional in.formation'concerning this matter,' please contact Mr. .Robert =
Teulings, telephone No. 919/733-5083,' ext. 121.
Sincerely yours,
f /
R. ?PalRilms
cc: Dare County Health Department
Rose and_ Associates, -P.A..—
Washington Regional Supervisor
Dennis R. Ramsey
Groundwater Section
Town of Kill Devil Hills
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'NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF NATURAL'RESOURCES AND COMMUNITY DEVELOPMENT
RALEIGH
P E R M I T
For the discharge of Sewage, Industrial Wastes, or Other Wastes
In accordance with the provisions of Article 21 of Chapter 143, General
Statutes'of North Carolina as amended, and other applicable Laws, Regulations
PERMISSION IS 'HEREBY GRANTED TO
Outer Banks Beach Club, Inc.
Dare County
FOR THE
construction only of a 500,000 GPD Aero-Mod tertiary wastewater treatment facility
with rotary distributor disposal system to serve Outer Banks Beach Club and
associated development, said facilities consisting of an influent flow splatter box
with bar screen; five,�5) 100,000 gallon capacity concrete aeration tanks, each with
dual 50,000 gallon capacity Aero-Mod aeration/clarification modules; five (5) 10,000
gallon capacity- aerated sludge holding tanks; ten (10) dual -cell 50,000 GPD capacity
Aero-Mod'radial flow tertiary filter units; a 10,435 gallon capacity baffled chlorine"
contact/filter backwash tank; gas chlorinator system; recording effluent flow meter
with totalizer; a 10,000 gallon capacity effluent dosing tank with high-water alarm
and twelve (12) 150 GPM dosing pumps discharging to twelve (12) rotary distributors
including four 57' diameter existing units and eight new 80' diameter units; -a stand-
by power system consisting of an existing 45 RW generator and a new 115.RW._generator;_____
and all associated piping, valves, fittings and appurtenances to serve Outer Banks
Beach Club, Inc. with no discharge of wastewater into the treatment works until such
time as written approval is granted by the Division of Environmental Management,
pursuant to the application received December 4, 1985, and in conformity with the
project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Natural Resources and Community Development and
considered a part of this permit.
This permit shall be effective from the date of issuance until May 31, 1991,
and shall be subject to the following specified conditions and limitations:
1.• This permit shall become voidable unless the facilities are constructed in
accordance with the approved plans, specifications and other supporting data.
2. This permit is not transferable.
3. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data.
I
cY
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facilities-shall b_ properly -maintained and, operated 'at all times..-' -
5....-The aewage and wastewater collected by,this `system shall be adequately 'treated
.:ink the Outer Banks Club's Wastewater Treatment Plant prior to being discharged
to the rotary distributors.'.
6. This permit shall become voidable in the event of failure of the soil to
adequately absorb the wastes, and may be rescinded unless the facilities are
installed, maintained and operated in a manner which will protect the assigned
water quality standards of the surface waters and ground waters.
7_. In event :the -facilities _fail to perform. satisfactorily, -including -the -,creation of
nuisance conditions, the Permittee shall take such immediate corrective action
as may be required -by this Division, including the construction of additional
or replacement wastewater 'treatment or disposal facilities.
8. The sludge generated from these treat^ert `aci-litics rust be disposed of *in
accordance with General Statues 143.215.1 and in a manner approvable by the
North Carolina Division of Environmental Management.
9. The issuance of this permit shall not relieve the Outer Banks Beach Club, Inc.
of responsioility for damages to surface or ground waters resulting from the
operation of this facility.
10. Diversion or bypassing of the untreated wastewater from the treatment facilities
is prohibited.
11. This permit shall become voidable unless the agreement between Outer Beach Club,
the Outer Btnk Beach Club Association, Inc., and the North Carolina Division
of Environmental Management is in full force and effect.
12. Outer Banks Beach Club shall have on -site sludge holding facilities in -place at
the installed treatment works by May 1, 1987, and shall have approved plans by
the same date for sludge handling facilities to serve the treatment works not
yet built. _- - -
13. The rotary distributor units shall be inspected and approved by the Division's
Washington Regional Office prior to connection to the new treatment works.
14. No wastewater shall be discharged into the subject treatment works until -written
approval has been obtained from the Division of Environmental Management.
15. Maintenance shall be accomplished as necessary to keep the wetted surface of all
rotary distributor beds free of vegetation and organic matter.
16. The Permittee shall employ a certified wastewater treatment plant operator in
responsible charge of the wastewater treatment facilities. Such operator must
hold a certificate of the grade at least equivalent to the classification
assinged to the wastewater treatment facilities by the Certification Commission.
17. To prevent breakout, the beds of the new rotary distributors (Units 5 through
12) shall be constructed such that the slopes of the shoulder Areas decrease
I in elevation no more than (1) foot vertically per 25 feet horizontally to a
distance of 100 feet from the rotor edge.
-,;:,_ �.r�.•.:;;�:,--_-- -zit ;.`,- '`:1=�{�. _ --;- - - - _ cr,�---_ .:: - _ �.;...,.•�=
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ram+ �i{�: n, �.7P'FY�' r•' .,� f �v �.. i':T., �tr-act -,cy > _.5t:`_. ti _ - �.-v ,t +�:.,`.- • - - .. i.� - r• - _ ,; .
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1 -.13: �TThree roiindwater+wells-:one`upgradient and,two:downgradieat;Tshall.be -
stalled to monitor the. new:.rotary distributor units.::: The' location and
conatructioa dataile-foi'thesa walls ahall.ba by approval of _thn Diviaionts T
_. `Washington Regional: Off ice;`from which'a'welI construction permit must be
= obtained.'..
19. The monitor wells shall be initially sampled prior to commencement of wastewater
disposal operations and every March, July, and November for the following
parameters:
NO3 Total Organic Carbon
Total Ammonia Chloride
Total Dissolved Solids Orphophosphate
Total- Col iforms Water Levels -
PH
The measurement of water level shall be made prior to sampling for the remaining
parameters.
20. The Permittee, at least sir. (6) months prior to the expiration of this permit
shall request its extension. Upon receipt of the request, the Commission will
extend the Permit for such period of time and under such conditions and limitations
as it may deem appropriate.
Permit issued this the 23rd day of May, 1986.
NORTH CAROLINA ENVIRONMENTAL IMANIAGE.`ENT CO:MSSION
l
' LA&_1.__ 2� Zr�
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. 13195
Rose
_ : •ice+.1.�
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)IiniDepartment of Nattua� Resowees and Communit7Developments& D E M USE ONLY .�-k�
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}Environmental Maaageatant Commiasloti
--Jt'NON-DISCHARCE PERMIT APPLICATION•
• in accordance with R.C. General Statuies Chapter 143, Article 21
Dare
Applicant (none of board, individual, or others)t
Application Data
Outer Banks Beach, Club, " Inc.', .
Vov. 25, 1985
Project (name of city, village, town, sanitary district, estabtislmnent)s - -
Same as'Annlicant
FOR: -
Brief Project Description:
' Non -Discharge Treatment/Disposal Facilitlea
Pretreatment Facilities 500,000 GPD
_ _ _
11 Sewer Collection System (private) Ae_ro-` od Plant with Tertiary Filters,
Extend Sewer and Sewer Systems (public) Chlorinat'_cn, and Rota-.-? Di3t:ibutors
ATURE.110F WASTEWATER:
Sewage
Sludge/Industrial Waste a -
Other Waste
From (sewers, protroatmont Facilities, treatment plants): Serving (city, institution, t"ustry):
Sewers 1 GBBC and Associated De-ve?cnments
Into (name of treatment plant): Tribut«y To (name of water course):
Cuter Banks Beach Club, Inc. 1 Surface
At (location of treatment plant):
Kill D} vii hills Nor:,: Carolina
,
Name and Complete Address of Engineering Firm: zipcode: 28560 Telephone No.
Rose and Associates, P.A. PO Box 1248, New Bern, tiC (919) 633-4300
,
Treatment Works Capacity to Serve (name of project): F« (no. yrs.) Av«age Daily Lallans Sewage or waste Fla..:
OBBC and A3acciated Devei oc-^arts ' 3G i 500.000 GPD
Affect Overall Reduction in Pollution (not applicable for sewer projects):
Estimated Casrs:
B. o. D. (s-gay 2d' c)
Toxic Materials (specify "Ch. add pages if needed)
sewers s
Pumping
Suspended Solids
Station s
Treatment
_TOTAL_ SOLIDS
_ X
Plant s
Other (specify)
Completion Dare:
Coliform Bacteria
TOTAL TOXIC btATERIALS r
JEstlmcr.J
Applicant assures that proposed works will be constructed, supervised, operated and maintained in accordance with approved plans and
specifications or approved changes thereto.
Print Noma: Title: Mailing Address: Zip Code. 4b0Q )
Wa.hae Kinsar cPras_Ca_:= = 0 Bo-x 6931. Asha-�- 121 ie, ITC
.
Signature. %! Telephone No. r,OU 25 3 - 0 4Z31 3
t
INSTRUCTIONS-
1. Fill-in ALL spaces. Ii not applicable, enter NIA.
2. Secure appropriate signature (mayor/city manager for municipally; chairman for sanitary district board; owner/proper official of corporation;
or legally consilluted board or commission in charge of proposed works). A letter of authorisation i■ required from proper official If
�• dosign engineer or other agent signs application.
3. Submit to N.C. Department of Natural Resources and Community Development, Environmental Management, Raleigh_, NC, the
`\ original and first copy of application, 2 sets of finalised plans, specifications and other supporting data as required by Cemmisslen Rules.
NOTE: Applic.ticn reviews are seheJuled on rec.l�re( COMPLETE information. Generally, 30 days are required for pollution abatossent projects; 90 days
l ,r other projects
For Assistance, call the State Central Office 919/733-5083, P.O. Box 27687, Raleigh,'N.C. or:
'Ashaiillo (704) 253-3341 'Moor.svill. (704) 663-1699 +Washington (919) 9b-6A8l !Winston-Salem (919) 761-2351
159 Weodfin Street 919 North Main Street 1502 North Market Street 8003 Silas Crack Parkway Extension
Ashowille, NC 28801 Mooresville, NC 28115 Washington, HC 27389 Winston-Salem, NC 27106
•Foyettevill. (919) 486-1541 *Raleigh (919) 733-2314 •Wilmington (919) 236-4161
Suite 714 Wachovis Building . Box 27687 7225 Wrightsville Avenue
Fayetteville, HC 28301 Raleigh, NC 77611 'Wilmington, NC 2BA03
/•. .:� .'� �_-_y:'y`_ .'�: �.{'^- :+.'],^ iti._{,•: r:• _ `ram. :`i., - - --- - _
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
_---_.James G. Martin, Governor _ -- -- -- .
William W. Cobey, Jr., Secretary
Mr. C. Wayne Kinser, President
Outer Banks Beach Club, Inc.
Post Office Box 6319
Asheville, North Carolina 28816
Dear Mr. Kinser:
George T. Everett, Ph.D.
Director
April 11, 1990
Subject: Permit No. WQ0002829
Outer Banks Beach Club, Inc.
Outer Banks Beach Club
Wastewater Collection, Treatment, and Rotary
Distributor Disposal System
Dare County
In accordance with your application received December 11, 1989, we are forwarding
herewith Permit No. WQ0002829, dated April 11, 1990, to Peppertree Resorts Limited for the
continued operation of a 500,000 GPD Wastewater Collection, Treatment, and Rotary Distributor
Disposal System.
This permit shall be effective from the date of issuance until April 30, 1991, and shall void
Permit No. 6979R3 issued May 20, 1985, Permit No. 13195 issued December 7, 1987, and shall
be subject to the conditions and limitations as specified therein. Please pay particular attention to
the monitoring requirements in this permit. Failure to establish an adequate system for collecting
and maintaining the required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this permit. This request must be in the form of a written petition, conforming
to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Box 11666, Raleigh, NC27604. Unless such demands are made this permit shall
be final and binding.
If you need additional information concerning this matter, please contact Mr. Mark Hawes
at 919/ 733-5083.
cerely,
George T. Evere
1 cc: Dare County Health Deparl
Washington Regional Offic
Rose and Associates, P.A.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
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.NORTH CAROLINA
`COMIVIISSIONy
:. ENVIRONMENTAL MANAGEMENT ;
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
HIGH RATE INFILTRATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
' Ali ►il • .1 ; :1: �• •
OUTER BANKS BEACH CLUB, INCORPORATED
Dare Comity
FOR THE
continued operation of a 200,000 GPD (based on a loading rate of 10 gpd/sf on existing rotary
distributors) wastewater collection, treatment, and disposal system consisting of three
(3)-100,000 gallon aeration basins, each with dual 50,000 gallon aeration/clarification modules,
three (3)-10,000 gallon sludge holding tanks, six (6)-dual cell 50,000 GPD. tertiary filter units, a
10,435 gallon capacity baffled chlorine contact/filter backwash tank, a gas chlorinator system,
recording effluent flow meter with totalizer, a 10,000 gallon capacity effluent dosing tank with
high water alarm and six (6) 150 gpm dosing pumps discharging to six (6) rotary distributors
including four (4) with a diameter of 57 feet and two (2) with a diameter of 80 feet, a stand-by
power system consisting of a 45 kW generator and a new 115 kW generator RnA for the
construction of additional 300,000 GPD wastewater treatment and rotary distributor disposal
facilities consisting of two (2)-100,000 gallon aeration basins, each with dual 50,000 gallon
aeration/clarification units, two (2)-10,000 gallon sludge holding tanks, four (4)-dual cell 50,000
GPD tertiary filter units, six (6) rotary distributors, each with a diameter of 80 feet, and all
associated valves, fittings and appurtenances for tfor a total treatment facility rating of 0.500 MGD
to serve Outer Banks Beach Club, Inc. with no discharge of wastes to the surface waters,
pursuant to the application received December 11, 1989 and in conformity with the project plan,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment, Health and Natural Resources and considered a part of this permit. ,
This permit shall be effective from the date of issuance until April 30, 1991 and shall void
Permit No. 6979R3 issued May 20, 1985, Permit No. 13195 issued December 7, 1987,and shall
be subject to the following speed conditions and limitations:
I.
1. Upon completion of construction of the third, fourth, and fifth phase of the treatment
facility and prior to operation of this permitted facility, a certification must be
received from a professional engineer certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications. Mail
the certification to the Permits and Engineering Unit, P.O. Box 27687, Raleigh, NC
27611-7687.
i 2. The Washington Regional Office, phone no. (919) 946-6481, shall be notified at
_ .. � , , - rt -say ?� ` ... ,L ��; .-:. • �_ �,�• �w'��"� �%�r� ' ' i � "r _ ,i ' {!v�
.. _. .: �:�.-�ti.a i:r`r.�.' t _yv.a.t°s v�.�, zJ. i•t,-a'-� - _ _ .. _
r —
least forty-eight (48) hours in advance of operation of the installed facilities so that
L=' an in -place inspection can be made: Such notification to the regional supervisor shall
be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday, '
through Friday, excluding State Holidays.
3. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action to
correct the problem, including actions as may be required by this Division, such as
the construction of additional or replacement wastewater treatment or disposal
facilities.
4.- This permit shall become voidable if the soils fail to adequately absorb the wastes
and may be rescinded unless the facilities are installed, maintained, and operated in a
manner which will protect the assigned.water quality standards of the surface waters
and ground waters. Ponding of wastewater on the surface of the distribution field
when the dosing cycle commences shall be considered evidence of failure of the soils
to adequately absorb the wastewater. Additionally, such failure shall be interpreted
as a violation of this permit condition.
5. The sludge generated from these treatment facilities must be disposed of in
accordance with General Statute 143-215.1 and in a manner approved by the North
Carolina Division of Environmental Management.
6. Adequate measures shall be taken to divert stomzwater from the high rate infiltration
area and to prevent wastewater runoff.
7. Diversion or bypassing of the untreated wastewater from the treatment facilities is
prohibited.
8. The issuance of this permit shall not relieve the Permittee of the responsibility for
damages to surface or groundwaters resulting from the operation of this facility.
9. The following buffers shall be maintained:
a) 500 feet between high rate infiltration unit and any public works surface supply
or public shallow potable water well.
b) 100 feet between high rate infiltration unit and any "SA" classified surface
waters.
c) 50 feet between high rate infiltration unit and any other surface waters.
d) 100 feet between high rate infiltration unit and property lines.
e) 50 feet between treatment units and property lines.
f) 50 feet between high rate infiltration unit and other treatment units and public
right of ways.
g) 200 feet between high rate infiltration unit and surface or groundwater drainage
systems.
10. A usable green area shall be maintained for wastewater disposal. The green area
shall have the capability of accommodating the average daily flow of the facility
being served without exceeding the loading rates of the green area. A "green area"
as defined in 15 NCAC 2H .0404 (g)(7) is an area suitable for waste disposal, either
in its natural state or which has been modified by planting a vegetative cover of
grasses or low growing shrubbery.
2
{y`= .'E•.T 'l�,'.' = -C �. � rr=M1;b �-f�-_ _ -�.itC - :.1 •i,-'- -` -:r.� _- ___ �ifl•-; .: +f y, .. _ _ _ _ -�- _ - _
�_t'iRil +�ry:�¢._w, �i �•4 ��'1� - 2i %� ,1�•.4�` i i- v�^.F� f
1. The facilities shall be properly maintained and. operated at all times.
2. The Permittee shall employ a certified wastewater treatment plant operator to be in
responsible charge of the wastewater treatment facilities. The operator must hold a
certificate of the grade at least equivalent to the classification assigned to the
wastewater treatment facilities by the Certification Commission. Within thirty days
after the wastewater treatment facilities are 50% complete, the Permittee must submit
a letter to the Certification Commission which designates the operator in responsible
charge.
3. The application rates for the high rate infiltration system shall not exceed 10 gpd/sf.
4. The facilities shall be effectively maintained and operated as a non -discharge system
to prevent the discharge of any wastewater outside the high rate infiltration disposal
area resulting from the operation of this facility.
5. No traffic or equipment shall be allowed on the disposal area except while
installation occurs or while normal maintenance is being performed.
6. The rotary distribution fields shall be raked twice weekly during the months April to
October, and once a week during the months of November to March. .
7. The screenings removed from the wastewater treatment plant shall be properly
disposed of in a sanitary landfill.
8. The distribution field(s) shall be kept free of vegetation at all times. There shall be
no rotor tillers used on the rotary distribution field(s). Vegetation must be removed
from the field(s) manually.
9. The application of chemicals to the distribution field(s) is expressly prohibited.
10. An automatically activated stand by power source 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.
11. The now measurement device shall be calibrated annually by a representative of a
firm which is routinely engaged in the calibration of flow measurement devices.
Records of this calibration, including all information pertinent to the calibration, shall
be available during any inspection by Division staff.
12. The diffusers shall be removed froth ithe aeration basin and serviced during the
months of March, June, August, and October. Additional servicing may be
required, and should be performed on an as needed basis by the operator.
13. The chlorine tablets used in the disinfection facility shall be of the kind and type
specified in the plans and specifications approved by the Division.
III. MO T nRING AND RFPORTiNC'1 REQUIREMENTS
1. Any monitoring deemed necessary by the Division of Environmental Management to
insure surface and ground water protection will be established and an acceptable
sampling reporting schedule shall be followed.
2. As an indicator of proper operation and `maintenance, the facility shall produce an
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i effluent in compliance with the following limitations
`
J
^?
�yAY
Months very ca T Daily warnunnb �.
_ Flow 0.200 MGD
BOD5 10 mg/1 15 mg/1 ;
NH3 as N 4 mg/1 6 mg/1
30
TSS 20 - mg/1 mg/1
a. Monthly average shall be the arithmetic mean of all samples collected during the
reporting period.
b. _. Daily. maximum shall be the maximum value of all samples collected during the
reporting period
0.500 MGD following expansion of the wastewater treatment and disposal
facilities.
The effluent from each treatment facility (Hero Mod plant and Metal Plant) shall
be monitored by the permittee at the point prior to discharge to the rotary distributor
for the following parameterst:
Location of Measurement Sample
Pararnet Sg=Hng Points F=.uencv IYI&
B OD5, 5-day, 20C Effluent *2/Month Composite
NH3 Effluent *2/Month Composite
TSS Effluent *2/Month Composite
Fecal Coliform Effluent *2/Month Grab
-pH Influent, Effluent Daily Grab
Flow Influent or Effluent Continuous Recording
Settleable Matter Effluent Daily Grab
Residual Chlorine Effluent Daily Grab
NO3 Effluent **Triannually Grab
TD Effluent **Triannually Grab
Total Colifoims Effluent **Triannually Grab _
TOC Effluent **Triannually Grab
Chloride Effluent **Triannually Grab
Orthophosphate Effluent **Triannually Grab
TOX Effluent **Triannually Grab
NH4 Effluent "Triannually Grab
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
t The monitoring reports for each treatment facility shall be submitted on separate
effluent monitoring sheets.
*2/Month sampling frequency only during the months of April through October.
During the remainder of the year, these parameters shall be monitored monthly.
**Triannual sampling frequency shall correspond with triannual monitoring of wells
required by Groundwater monitoring conditions.
If Groundwater sampling indicates or predicts problems with the compliance with
Groundwater Standards, this permit will be modified to include additional and/or
more restrictive limitations.
i
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address:
¢n ;�4���l ey.^ "v:`sT,'',i-'�4Cii=._ •, L:=i. �':' _ - � ��. -. _ - ~;-Nc.::.n 'rIv ?�i:�?�n^7;
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-•rat— '?�''isT. ;t -N'_ Tt} .r�.r - ._t'o. •'{ _- - ^Y• +i�Y:'• .
v
pies:.of all monitoring data' -(as specified in condition M2) stall be
annually on or before January 31 of the following year to the following -
-NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit .
PO Box 27687
Raleigh, NC 27611-7687
4. A record shall be maintained of all sludge removed from this facility. The record
shall include the name of the hauler, permit authorizing the disposal or a letter from a
Y -- municipality agreeing to accept the sludge, date the sludge was hauled, and volume
of sludge removed.
5. A maintenance log shall be maintained at this facility including but not limited to the
following items:
a. Daily sampling results including residual .chlorine, settleable matter, and do. in
the aeration basin and clarifier.
b. Visual observations of the plant and plant site.
c. Record of preventative maintenance (changing of filters, adjusting belt tensions,
etc.)
d. Date of calibration of flow measurement device.
e. Date and results of power interruption testing on alternate power supply.
f. Dates fields were raked and arms inspected.
6. Noncompliance Notification: -
The Permittee shall report by telephone to the Washington Regional Office,
telephone no. (919) 946-6481, as soon as possible, but in no case more than 24
hours or on the next working day following the occurrence or first knowledge of the
occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results, in the
- -. - - - treatment of significant amounts of wastes which are abnormal in quantity or -
characteristic, such as the dumping of the contents of a basin or tank; the known
passage of a slug of hazardous substance through the facility; or any other
unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the
facility incapable of adequate wastewater treatment such as mechanical or
electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a
by-pass directly to receiving waters without treatment of all or any portion of
the influent to such station or facility.
d. Any tune that self -monitoring information indicates that the facility has gone out
of compliance with its permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in
letter form within 15 days following first knowledge of the occurrence. This report
1 must outline the actions taken or proposed to be taken to ensure that the'problem
does not recur.
5
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GROUNDWATER
-•4 .:.r.2 _ _. _, _
REO TiRFMtFNrrc
1. The ten (10) existing monitoring wells and any new monitoring 'wells shall. be
sampled every March, July, and November far the following parameters:
NO3 (10.0) TDS (500.0)
pH ( Am o6.5-8.5 standard units) Orhp osphags c
Chlorides (250.0) Total Coliforms (1/100 ml)
Water Level
Volatile Organic Compounds - In November only ( by Method 1 or
Method 2 below)
Method 1: Method 6230D ( Capillary - Column), "Standard Methods for the
Examination of Water and Wastewater",17th edition, 1989
Method 2: Method 502.2 " Methods for the Determination of Organic
Compounds in Drinking Water", United States Environmental
Protection Agency - 600/4-88/039
The measurement of water level must be made prior to sampling for'the remaining
parameters.
The measuring points (top of well casing) of all monitoring wells shall be
surveyed relative to mean sea level (M.SJ,.). The depth of the water in.each well
shall be measured from the surveyed point on the top of the casing. The water level
"elevations shall then be determined relative to (M.SJ_).
The numbers in parentheses represent the maximum allowable concentrations in
aoundwater for the various analytical parameters, as specified in 15 NCAC 2L
[Groundwater Classifications and Standards]. Unless otherwise noted, the
concentrations are given in parts per million.
If TOC concentrations greater than 10 mg/1 are detected in any downgradient
monitoring well, additional sampling and analysis must be conducted to identify the
individual constituents comprising this TOC concentration. If the TOC concentration
as measured in the backeround 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.
If any volatile organic compounds are detected by Method 6230D, or the equivalent
Method 502.2, then EPA method 604 and 611 must also be run to detect other
organic compounds which may be present. The results of all analyses specified in
the monitoring requirements, including 604 and 611 if required, must be submitted
simultaneously.
The results of the sampling and analysis shall be sent to the N.C. Division of
Environmental Management on Form GW-59 (Compliance Monitoring Report
Foam) every April, August, and December
2. The ComphanceBound=ry delineated on the attached site plan for the disposal
system is y specified by regulations in 15 NCAC 21, Classifications and Water
Quality Standards applicable to the groundwater of North Carolina. An exceedance
6
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- f.a''ti ti?.a-l�L C...�� R;'"',T- i .$7 . ri �,: [. � �•C :JIY'� 1 i:_';"..17- _ _ r _ .ir•.t..:t:•.� - - "r�:i� :.E_ - .. -
.Sit— rrf !Y` 'f�.:• •j L . +r !'
of Groundwater Quality Standards beyond the Compliance Boundaryis subject to
penalty provisions applicable under General Statute 143-215.6(1)a. The sale of
property, by the Permittee, which is within or contiguous to the disposal system site
may alter location of the Compliance Boundary. .
For the rotary distributors permitted prior to December 30, 1983, the Compliance
Boundary is established at a distance of 500 feet from the from the edge of the rotary
distributor fields, or the property boundary, whichever is less.
For the rotary distributors permitted on or after December 30, 1983, the Compliance
Boundary is established at the lesser of 250 feet from the edge of the, rotary
..-.-distributor fields, or 50 feet within the property boundary.
The REVMW BOUNDARY for the. disposal system is specified by regulations in 15
NCAC 2L, Groundwater Classifications and Standards. A REVIEW
BOUNDARY is established around disposal systems midway between the
Compliance Boundary and the perimeter of the waste disposal area. , When the
concentration -of any substance equals or exceeds the maximum allowable
concentration of that substance at the REVIEW BOUNDARY, as
determined by monitoring, the permittee shall either (i) demonstrate, through
predictive calculations or modeling, that natural site conditions, facility design and
operational controls will prevent a violation of standards at the Compliance
Boundary; or, (ii) submit a plan for the alteration of existing site conditions, facility
design or operational controls that will prevent a violation of standards at the
Compliance Boundary, and implement that plan upon its approval by the Director.
3. All rotary distributors shall have a minimum of one (1) downgradient monitoring
well installed prior to the start of waste disposal operations for the distributor in
question. The well(s) shall be constructed such that the water level is never above or
below the screened (open) portion of the well at any time during year. The exact
location and construction details for all the wells shall be approved by the
Washington Regional Office, from which a well construction permit must be
obtained.
All monitoring wells shall be sampled initially after construction and thereafter every
March, July, and November for those parameters specified for the existing
monitoring wells.
4. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal
facilities to prevent malfunctions and deterioration, operator errors and discharges
which may cause or lead to the release of wastes to the environment,' a threat to
human health, or a nuisance. The Permittee shall keep an inspection log or summary
including at least the date and time of inspection, observations made, and any
maintenance, repairs, or corrective actions taken by the Permittee.' This log of
inspections shall be maintained by the Permittee for a period of three years from the
date of the inspection and shall be made available upon request to the Division of
Environmental Management or other permitting authority.
7
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73
Any: drily. authonzed officer; employee; or represciitative of the. Division of
Environmental Management may, upon presentation of credentials, utter and inspect' .
any property, premises or place on or related to the. disposal site and facility at any
reasonable time for the.purpose of determining compliance with this permit; may
inspect or copy any records that must be kept under the terms and donditions of this
permit; or may obtain samples of groundwater, surface water, or leachate:, .
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the facilities are constructed in,accordance'
-- - with the conditions of this permit, the approved plans, specifications' and other
supporting data.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data
3. This permit is not transferable. In the event there is a desire for the facilities to
change ownership, or there is a name change of the Permittee, a' formal permit
request must be submitted to the Division of Environmental Management
accompanied by an application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request will
be considered on its merits and may or may not be approved.
4. This wastewater treatment facility shall connect to a publicly owned ateawide sewage
collection system within 180 days of its availability. All discharge of wastewater to
the rotary distribution fields shall cease at the time of the connection to the sewer
system.
5. The annual administering and compliance fee must be paid by the Permittee within
thirty (30) days after being billed by the Division. Failure to pay the fee accordingly
may cause the Division to initiate action to revoke this permit as specified by 15
NCAC 2H .0205 (c)(4).
- 6. - Prior to a transfer of this land to a new owner, -a notice shall be given- to the new
owner that gives full details of the materials applied or incorporated at this site.
7. Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to an enforcement action by the Division of Environmental
Management in accordance with North Carolina General Statute 143-215.6.
8. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances which may be imposed by other
government agencies (local, state, and federal) which have jurisdiction.
9. A set of approved plans and specifications for the subject project must be retained
by the Permittee for the life of this project.
10. The Permittee, at least six (6) months prior to the expiration of this permit, shall
request its extension. Upon receipt of the request, the Commission will review the
adequacy of the facilities described therein, and if warranted, will extend the permit
for such period of time and under such conditions and limitations as it may deem
appropriate.
i
11. This permit shall supersede any previously issued permit-
8 �
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�.�_.=� �°. .....-..-U''. .��.7f' 'J'; ..t_a•?1�r ti'.Vii?'SY� F... �=��•r'C+-t.{ .t'a`s=. '`5 .�.::-R..�L:--����T - h`.L'_ ._ Y._ - ,:�;. _��::� ..r �''�jf�-�—T�-
^nT•Y Z,. •> a. _ w�-� r_ f 2i.,,. - t 1 r ..rz+ ,�4 .ice t` c:. `rR:: 1 1 :r t
rr--.'1r1'T}.5i''$•-• ate. �.., � a r , � '� �t�- 1 �`• �t � � -� �,. � Ik _3c' ti .S'%`. �... % ice.-` ^ = {L: t 't M1,y��-•}-'! _
`.r` Yr"Z.,Y�?.:a� ����i-.?. �X� ~t+<:� ?; ., ''`*.,n xt •' T'n ` �r,,,� t` �•� *.-�,i+ � -y. fir`~ .�.x-�_.�.
t Y , ' ; ;�12 s The permittee shall begin construction of additional treatment works Nvithin sixty =, -
60 da s of a
) y thirty (30) day average exceedance of 80 g(o of the constiuctcd design
flow (0.160 MGD).. Construction shall be of treatment and/or disposal works _ ,
Permit issued this the 11th day of April, 1990
a*gy'
H CAROLINA ONMENTAL MANAGEII = COMMISSION
1A atmd'4
- __--_ -e_T. Everett, --- -
Division of Enviro n agement
By Authority of the Envu-o ental Management Commission
z
9
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tt: �ci� r "� ��- L - K=�.�7•a-. .L,�:�3^yGt r`+a'.. .ice:- ,�:,'-� � %A "s-i7n: ,{,..`^r
- rfi i �.
1 t" J.r..-r"r-, 57 -f:
Permit No WQOW2829-`�="-, �ir�w�4,z, i,
::'April 11'1990 ';`+r'�_� -'•�•r „'i`r' �' ` 'r'� -(Lr4�. r�.F'"•'+."�`
-
�,' , _.,_�X�`a•-� Y ''_��:a y�- �� t_� } �,� �,, ~ � _
Engineer's Ceriffication
7.
:,..:.
as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, for the
Project Name—_ _ `_-' - -- ' - Location
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Signature Registration No.
Date
PEPPERTREE
RESORTS, LTD.
October 16, 1990
Mr. Jim Mulligan
State of North Carolina
Department of Environment, Health & Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
RE: Permit 6979R3, Outer Banks Beach Club, Dare County
Dear Mr. Mulligan:
gTllfllafd
1'MSH NGTOIV OFFICC
OCT 1 a 1990
Your letter of October 12, 1990, states that we were assessed for failure to submit the
reports on time. You further asked that we offer evidence to prove that the reports were
submitted on time. The assessment states that we are being fined for "failure to report"
stating that you never received the reports. It does not say anything about their being
late.
As to evidence they were reported "on time", Environment 1 Incorporated, which does the
testing, did the work in a timely manner and the reports are in their files. The
operator at the that time, Bob Barnum says he mailed the reports on time. We have a
letter from you dated November 21, 1989 stating that the reports were not received.
The attached letter to you dated December 19, 1989 from Rose and Associates states the
data for these months was enclosed. The complaint dated August 29, 1990, states "Beach
Club failed to submit self- monitoring data for the period November 1988 through October
1989 with the exception of November 1988, January 1989, and June 1989, which Staff
received on December 15, 1989." Please note that this letter refers to NC Permit No.
13195, and your letter and the assessment letter refer to the earlier Permit No. 6979R3.
I feel the problem may be in the confusion of the permit numbers. Permit No. 13195
issued December 7, 1987, was an expansion of permit No. 6979R3. Both of these permits
were combined in the current Permit No. WQ0002829 issued April 11, 1990.
Whatever the permit number, we have only one total wastewater system at Kill Devil Hills,
and the reports would relate to the total system. Our record shows the data was
submitted and again we ask that the assessment be waived. I would prefer that this be
handled at the local level if possible.
Sincerely,
OUTER BANKS BEACH CLUB, INC.
Presiden
CWK/jw
enclosure
P.O. BOX 6319, ASHEVILLE, NORTH CAROLINA 28816
704 / 29 -8991
Engineers runners ;7�:-_._out vuyui
i e r s
'n.
.....
December 0 --9 189
_1
GE
-8 Iwo
-D
f Health 'NC Dept. - 6 Environment H
'i and Natural Resources
-Box' 1507
Washington, NC .'27889-1507
Attention: Mr *J ii Mulligan
Regional Supervisor
'Reference: Notice of -Violation
Outer Banks Beach Club
NC Permit #13195
Dare County
POB-8501.771
Dear Jim:
Reference is made to your letter
dated November 21, 1989, regarding
facility's self -monitoring data
for the above referenced facility.
Please find enclosed the following
reports:
November 1988
December 1988
January 1989
-February 1989
March 1989 -
April 1989
May 1989
July 1989
August 089
September 1989
October-1989.
It was my understanding you had
the June 1989 report in your file.
It is important we obtain the permit
for the Dare. County Schools as
soon as possible. If you or Mr.
Barlow should have any questions,
1610 Hwy. 70 East Post Office Box 1248,
Now Bern, North Carolina 2856.0-12413.. 1�,-(919)'.633-4300
`�' �.q. . , 'li��s..�-0�ai7 "f',`t��4T�.�_$�" . •+H` CS-K�9!a. �k�l��i+�." _ _
."Y�,'��1��`".fi�t�2i^.W-�.'.��..+.r'•"4'.i'iwr'�L�e�'Y�-�Fhk`Sr`i3'c SYk*�uY��T'Y��r�-r�T}.`i: ��, f'.l��i�1Gf?1e�x� _ _. .. "� ,. .....- ._.._....�.�.
' Wand Natural ,Resources
1989,t
x December 9,
Page Two
'office.
pleas_e feel free to call this
. .
- -:Sincerely
{
Josep W."Rose, Civil-PE,RLS,'
_President
".
-JWR:vlw
Encl -
cc ,-Bill 'Barlow'
-
DEM Control Files
_
Mayne Kinser
-_•.
Billy Emanuelson
John Luke