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HomeMy WebLinkAboutWQ0023580_Final Permit_20231122ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director A. BRENT BROWER — PRESIDENT COVE KEY ASSOCIATION, INC. POST OFFICE BOX 2307 CORNELIUS, NORTH CAROLINA 28031 Dear Mr. Brower, NORTH CAROLINA Environmental Quality November 22, 2023 Subject: Permit No. WQ0023580 Cove Key Townhomes on Lake Norman WWTP Reclaimed Water Generation and Dedicated Utilization System Iredell County In response to your permit renewal request received on June 19, 2023, and subsequent additional information received on August 29, 2023, we are forwarding herewith Permit No. WQ0023580 dated November 22, 2023, to Cove Key Association, Inc. for the continued operation of the subject reclaimed water generation and dedicated utilization facilities. This permit is effective from December 1, 2023, through November 30, 2031, shall replace Permit No. WQ0023580 issued on October 16, 2018, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than June 3, 2031. Please pay attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information may result in future non-compliance. The Division has removed the following permit conditions since the last permit issuance dated October 16, 2018: ➢ Old Condition IL12 — The Division has removed this condition because it is not applicable to this facility. ➢ Old Condition VL2 — The Division has removed this condition because permits are not voidable. D � North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA '.'roMMm 0­; /I 919,707,9000 Mr. A. Brent Brower November 22, 2023 Page 2 of 2 The following permit conditions are new or modified since the last permit issuance dated October 16, 2018: ➢ Condition 11.15 —This condition requires reclaimed water distribution lines beat least five feet horizontally from and 18 inches below any water line if practicable. ➢ Condition IL16 —This condition requires reclaimed water distribution lines not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards. ➢ Condition 11.17 —This condition requires reclaimed water distribution lines meet the separation distances to sewer lines. ➢ Condition IV.8 — The Division modified this condition to require the Permittee to maintain records of all residuals removed from the facility for eight years. ➢ Condition IV.9 — The Division modified this condition to require the Permittee to keep maintenance log records for eight years. ➢ Condition V1.10 —This condition requires the Permittee pay an annual fee for each year of the term of this permit. This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those interested in filing may access additional information regarding the requirements for filing a Petition and Petition forms at the OAH website or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition shall serve a copy of the Petition on the Department of Environmental Quality's Office of General Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the party filing the Petition is not the Permittee, then the party shall also serve the Permittee pursuant to G.S. 15013-23(a). If you need additional information concerning this permit, please contact Leah Parente at (919) 707-3656 or leah.parentekdeq.nc.gov. Sincerely, DocuSigned by: D1043082680C483... Richard E. Rogers, Jr., Director Division of Water Resources cc: Iredell County Health Department (Electronic Copy) Mooresville 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 RALEIGH RECLAIMED WATER GENERATION AND DEDICATED UTILIZATION SYSTEM PERMIT Pursuant to 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 Cove Key Association, Inc. Iredell County FOR THE continued operation of a 7,200 gallon per day (GPD) reclaimed water generation and dedicated utilization facility consisting of. a 1,655 gallon flow equalization basin with two 120 gallon per minute (GPM) pumps; a 20 cubic feet per minute (CFM) blower; a manually cleaned bar screen; a flow splitter box; a flow measuring device; two 3,600 gallon aeration basins with two 43 CFM blowers; two 950 gallon clarifiers with a waste sludge pump and a return sludge pump; two 934 gallon sludge holding basins; two tertiary filters; a 1,040 gallon clearwell with two 120 GPM pumps; a 960 gallon mudwell with two 130 GPM pumps; a turbidimeter; a dual ultraviolet (UV) disinfection system; a 36,600 gallon synthetically lined five- day upset pond; a 109,000 gallon clay lined wet weather storage pond; a 1,169 gallon irrigation dosing tank with two 28 GPM pumps and audible/visual high-water alarms; a 3.08 acre drip irrigation area with 16 irrigation zones served by 19,939 emitters; 24/7 telemetry equipment; and all associated piping, valves, controls, and appurtenances to serve the Cove Key Townhomes on Lake Norman WWTP, with no discharge of wastes to surface waters, pursuant to the application received on June 19, 2023, subsequent additional information received on August 29, 2023, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit is effective from December 1, 2023, through November 30, 2031, shall replace Permit No. WQ0023580 issued on October 16, 2018, and is subject to the following conditions and limitations: WQ0023580 Version 4.0 Shell Version 230811 Page 1 of 10 I. SCHEDULES Within 180 days of the effective date of this permit, the Permittee shall have a North Carolina licensed Professional Engineer inspect the reclaimed water generation system, the 36,600 gallon synthetically lined five-day upset pond, and the 109,000 gallon clay lined wet -weather storage pond to determine if these facilities are functioning properly and to assess age related degradation of system components. The Permittee shall submit a summary of the findings of this inspection in report form via the Non - Discharge online portal_ [15A NCAC 02T .0 1 08(b)(1)(A)] 2. If the permitted facilities change ownership or the Permittee changes its name, the Permittee shall submit a permit modification request on Division -approved forms within 90 days of the change of ownership. The Permittee shall comply with all terms and conditions of this permit until the Division transfers the permit to the successor -owner. [G.S. 143-215.1(d3)] 3. The Permittee shall request renewal of this permit on Division -approved forms no later than June 3, 2031. [15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109] IL PERFORMANCE STANDARDS The Permittee shall operate and maintain the subject reclaimed water generation and dedicated utilization facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities do not perform as designed, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the utilization areas to assimilate the reclaimed water, the Permittee shall take immediate corrective actions, including Division -required actions, such as the construction of additional or replacement reclaimed water generation and dedicated utilization facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 2. This permit shall not relieve the Permittee of its responsibility for contravention of groundwater or surface water standards resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] Reclaimed water quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02U .0301] 4. The Permittee shall not utilize generated reclaimed water in exceedance of the hydraulic and agronomic rates specified in Attachment B. [15A NCAC 02U .0401(g)] 5. The attached Operational Agreement is a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all measures pursuant to G.S. 143-215.6A, G.S. 143-215.6B, and G.S. 143-215.6C for violation of or failure to act pursuant to the terms and conditions of this permit. [15A NCAC 02T .0115, 02U .0115] 6. The Permittee shall connect the reclaimed water utilization system to a rain or moisture sensor designed to prevent irrigation during precipitation events or wet conditions. [ 15A NCAC 02U .0401(k)] 7. The Permittee shall tag or label all reclaimed water valves, storage facilities, and outlets to warn the public or employees that the reclaimed water is not for drinking. [ 15A NCAC 02U .0403(b)] WQ0023580 Version 4.0 Shell Version 230811 Page 2 of 10 8. The Permittee shall color -code, tape, or otherwise mark all reclaimed water piping, valves, outlets, and other appurtenances to identify the source of the water as 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 installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be 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 a purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK." The Permittee shall install identification tape 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. c. The Permittee shall tape or otherwise identify existing underground distribution systems retrofitted for conveying reclaimed water as described in Paragraphs a. and b. above. The Permittee shall perform this identification within 10 feet of any potable water supply line or sanitary sewer line crossing a reclaimed water line. The Permittee does not need to perform this identification for the entire length of the distribution system. [ 15A NCAC 02U .0403(c)] 9. The Permittee shall secure all reclaimed water valves and outlets such that only Permittee-authorized personnel can operate them. [15A NCAC 02U .0403(d)] 10. The Permittee shall place hose bibs in locked, below -grade vaults and label them non -potable. The Permittee may place hose bibs above ground and label them non -potable if the hose bibs require a tool to operate. [15A NCAC 02U .0403(e)] 11. There shall be no direct cross -connections between the reclaimed water and potable water systems unless such connection is Department -approved pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403 12. For reclaimed water irrigation fields permitted prior to September 1, 2006, the Division has established the compliance and review boundaries at the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require the Permittee to take corrective action. The Division shall note any Division -approved relocation of the compliance boundary in Attachment B. The Division shall consider multiple contiguous properties under common ownership and permitted for use as a disposal system as a single property regarding the determination of a compliance boundary. [15A NCAC 02H .0219(k)(1)(C)(i)(III), 02L .0106(e), 02L .0107(c), 02L .0107(fl, 02T .0105(h)1 13. The Permittee shall notify the Division of any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(1)] 14. The Permittee or any landowner who owns land within the compliance boundary shall not construct any water supply wells within the compliance boundary. [15A NCAC 02L .0107(i)1 15. Reclaimed water distribution lines shall be at least five 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 pursuant to 15A NCAC 18C. [ 15A NCAC 02U .0403(g), 02U .0403(h)1 16. 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 pursuant to 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)] 17. Reclaimed water distribution lines shall meet the separation distances to sewer lines pursuant to 15A NCAC 02T .0305. [15A NCAC 02U .0403(a), 02U .0403(i)] WQ0023580 Version 4.0 Shell Version 230811 Page 3 of 10 18. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. The Division originally permitted the reclaimed water irrigation sites on December 20, 2004, with an application received on February 3, 2004. The setbacks for drip reclaimed water irrigation sites originally permitted or modified with an application received from June 1, 1996, through 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 b. The Division originally permitted the treatment and storage units on December 20, 2004, with an application received on February 3, 2004. The setbacks for treatment and storage units originally permitted or modified with an application received from June 1, 1996, through August 31, 2006, are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 100, ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 vi. Nitrification field: 20 ' Habitable residences or places of assembly under separate ownership constructed after the Division originally permitted or subsequently modified the facilities are exempt from this setback. 2 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 .0219(j)(5)] OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02U .01011 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in sufficient detail to show what operations are necessary for the system to function and who shall conduct the operations. b. A description of the anticipated maintenance of the system. c. Provisions for safety measures, including restriction of access to the site and equipment. 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 02U .0801(a)1 WQ0023580 Version 4.0 Shell Version 230811 Page 4 of 10 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 its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204 and 08G .0205. The WPCSOCC has assigned this reclaimed water generation facility the classification of Grade II Biological Water Pollution Control System (WW-2) pursuant to 15A NCAC 08G .0302. Pursuant to 15A NCAC 08G .0204(2), at the Permittee's request, the Division has approved a reduced ORC visitation frequency of twice per week (2 x Week). In the event of non-compliance or operational problems, the Division reserves the right to re-evaluate the visitation frequency and upon written notification from the Division, the facility shall return to the 5 x Week visitation schedule. The WPCSOCC has assigned this reclaimed water dedicated utilization system the classification of Surface Irrigation Water Pollution Control System (SI) pursuant to 15A NCAC 08G .0304. The ORC or their Back-up shall visit the reclaimed water dedicated utilization system once per week (Weekly) as specified in 15A NCAC 08G .0204(2)(c). [ 15A NCAC 02T .0117, 02U .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)1 5. The Permittee shall maintain a year-round vegetative cover on the irrigation area such that crop health is optimal and allows even reclaimed water distribution and inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent reclaimed water ponding in or runoff from the irrigation area. [15A NCAC 02U .0801(c)] 7. The Permittee shall not irrigate generated reclaimed water during inclement weather or when the soil is in a condition that will cause ponding or runoff. [ 15A NCAC 02U .0401(k)] 8. The Permittee shall test and calibrate the irrigation equipment once per permit cycle. [ 15A NCAC 02U .0801 d ] 9. The Permittee shall only irrigate reclaimed water generated from the Cove Key Townhomes on Lake Norman WWTP onto the sites listed in Attachment B. [15A NCAC 02U .0101] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [ 15A NCAC 02U .0801(e)1 11. The Permittee shall prohibit public access to the reclaimed water generation and storage facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 12. The Permittee shall control public access to reclaimed water utilization sites during active site use. [ 15A NCAC 02U .0501(a)(2)] 13. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .1101, 02U .0802]. 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02U .0402(g)1 15. The Permittee shall maintain a freeboard of not less than two feet in the 36,600 gallon five-day upset pond and the 109,000 gallon wet weather storage pond. [15A NCAC 02U .0401(h)] WQ0023580 Version 4.0 Shell Version 230811 Page 5 of 10 16. The Permittee shall provide gauges to monitor freeboard levels in the 36,600 gallon five-day upset pond and the 109,000 gallon wet weather storage pond. These gauges shall have readily visible permanent markings, at inch or tenth of foot increments, indicating the following elevations: the maximum liquid level at the top of the temporary liquid storage volume, the minimum liquid level at the bottom of the temporary liquid storage volume, and the lowest point on top of the dam. [ 15A NCAC 02U .0801(fl] 17. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the embankment to the maximum allowable temporary storage elevation on the inside of the embankment). The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and accessible. [15A NCAC 02U .0801(a)] 18. The Permittee shall test and calibrate metering equipment annually. [ 15A NCAC 02U .0801(d)] 19. The Permittee shall provide an automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system. If the Permittee employs a generator as an alternate power supply, the Permittee shall test it weekly. [15A NCAC 02U .0401(d)] 20. The Permittee shall provide continuous online monitoring and recording for turbidity or particle count and flow prior to storage, distribution, or utilization of reclaimed water. [ 15A NCAC 02U .0401(b)] 21. If the generated reclaimed water exceeds 10 nephelometric turbidity units (NTUs) or the pathogen limits in Attachment A, the Permittee shall route all generated reclaimed water to the five-day upset pond until the Permittee corrects all problems associated with the reclaimed water generation system. The Permittee shall pump all water in the five-day upset pond back to the treatment plant headworks for re -treatment or treat the water in the five-day upset pond prior to utilization. [15A NCAC 02U .0402 d ] 22. The Permittee shall provide notification to the public and its employees about the use of reclaimed water and that reclaimed water is not for drinking. The Permittee shall provide notification to employees in a language they understand. [15A NCAC 02U .0501(a)(2)] 23. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. The Permittee shall provide educational material to all residents and/or other facilities provided with reclaimed water. The Permittee shall make all educational materials available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 24. The Permittee shall provide and maintain in working order at all times telemetry equipment capable of providing notification 24 hours a day and 7 days per week to the ORC in the event of a turbidity exceedance (>10 NTU) or ultraviolet disinfection system malfunction (i.e., UV bulb outage, light intensity degradation, etc.). [15A NCAC 02T .0108(b)(1)(A)] WQ0023580 Version 4.0 Shell Version 230811 Page 6 of 10 IV. MONITORING AND REPORTING 1. The Permittee shall conduct and report any Division -required monitoring, including the monitoring of groundwater, surface water or wetlands, waste, reclaimed water, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if necessary to evaluate this facility's impact on groundwater and surface water. [ 15A NCAC 02T .0108(c), 02U .01081 2. A Division -certified laboratory shall conduct all analyses for the required parameters specified in Attachment A. Parameters measured on -site with in -line metering equipment are exempt from a Division -certified laboratory analysis. [15A NCAC 02H .0805] The Permittee shall continuously monitor flow through the treatment facility and report daily flow values on Form NDMR. Facilities with a permitted flow of less than 10,000 GPD may estimate its flow from water usage records provided the water source has a metering device. [15A NCAC 02T .0105 k , 02T .0108(c), 02U .0105, 02U .01081 4. The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0105(k), 02T .0108(c), 02U .0105, 02U .0108] The Permittee shall maintain records tracking the amount of reclaimed water irrigated, which shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation. b. Volume of effluent irrigated. c. Site irrigated. d. Length of site irrigation time. e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings. f Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B. g. Weather conditions. h. Maintenance of cover crops. [ 15A NCAC 02T .0108(c), 02U .0108] 6. The Permittee shall measure and record weekly to the nearest inch or tenth of a foot of freeboard (Le., the waste level to the lowest embankment elevation) in the 36,600 gallon five-day upset pond and the 109,000 gallon wet weather storage pond. The Permittee shall maintain the weekly freeboard records for eight years and shall make them available to the Division upon request. [ 15A NCAC 02T .0108(c), 02U .01081 7. On or before the last day of the month following the previous month's sampling, the Permittee shall submit monitoring data (as specified in Conditions IV.3 and IVA) on Form NDMR for each PPI and operation and disposal records (as specified in Conditions IV.5 and IV.6) on Form NDAR-1 for every site in Attachment B. If no activities occurred during the monitoring month, the Permittee shall still submit monitoring reports documenting the absence of the activity. The Permittee shall submit the reports via the Non -Discharge monitoring report portal. [15A NCAC 02T .0105(1), 02U .0105] 8. The Permittee shall maintain records of all residuals removed from this facility. The Permittee shall maintain these records for eight years and shall make them available to the Division upon request. These records 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. Residuals hauling date. d. Volume of residuals removed. [ 15A NCAC 02U .0802(b)] WQ0023580 Version 4.0 Shell Version 230811 Page 7 of 10 9. The Permittee shall keep a log of all maintenance done at this facility. The Permittee shall maintain this log for eight years and shall make it available to the Division upon request. This log shall include: a. Date of flow measurement device calibration. b. Date of irrigation equipment calibration. c. Date of turbidimeter calibration. d. Visual observations of the plant and plant site. e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections, cleanings, etc.). f 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 02U .080I (h)] 10. Noncompliance Notification: The Permittee shall report to the Mooresville Regional Office, telephone number (704) 663-1699, 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, structural, etc.) that makes the facility incapable of adequate reclaimed water generation. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. f. Any failure resulting in a discharge of reclaimed water directly to surface waters or any release of reclaimed water to land surface greater than or equal to 5,000 gallons. The Permittee shall document releases less than 5,000 gallons to land surface pursuant to Condition IV.9.f but does not require Regional Office notification. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at the telephone number (800) 858-0368. All noncompliance notifications shall file a written report to the Mooresville 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), 02U .0108] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation and dedicated utilization facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation and dedicated utilization 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 eight years from the date of the inspection and shall make this log available to the Division upon request. [15A NCAC 02U .0801 h , 02U .0801(i)] WQ0023580 Version 4.0 Shell Version 230811 Page 8 of 10 Division -authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the permitted reclaimed water generation and dedicated utilization facilities 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 influent, treatment process water, generated reclaimed water, residual, soil, plant tissue, groundwater, or surface water samples. [G.S. 143-215.3(a)(2)] Vl. GENERAL 1. The Permittee's failure to comply with this permit's conditions and limitations may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C] 2. This permit is effective only for the nature and volume of wastes described in the permit application and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. There are no variances to administrative codes or general statutes governing the construction or operation of the permitted facilities unless the Permittee specifically requested a variance in the application and the Division approved the variance as noted in this permit's facility description. [15A NCAC 02T .0105(b), 02U .0105] 4. 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 .0 1 08(b)(1)(A), 02U .0108] 5. The Permittee shall retain this permit and the Division -approved plans and specifications for the life of the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d), 02U .0105, 02U .0116] 6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T .0105 , 02U .01051 7. 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 15A NCAC 02U. 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 the Permittee keeps any Division -required records under the terms and conditions of this permit. ii. To have access to any permit -required documents and records. iii. To inspect any monitoring equipment or method as required in this permit. iv. To sample any pollutants. d. The Permittee's failure to pay the annual fee for administering and compliance monitoring. e. A Division determination that the conditions of this permit conflict with the North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110, 02U .0110] WQ0023580 Version 4.0 Shell Version 230811 Page 9 of 10 8. Unless the Division determines that the Permittee needs a permit modification for the construction of facilities to resolve non-compliance with any environmental statute or rule, or the Division Director grants a variance, expansion of the permitted facilities 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 the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this conviction. 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 in accordance with its permit or 15A NCAC 02U. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this penalty. 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 pursuant to 15A NCAC 02T .0105(e)(2) via 15A NCAC 02U .0105. [ 15A NCAC 02T .0120(b), 02T .0120(d), 02U .0120] 9. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0I05(e)(2). [15A NCAC 02T .0120 c , 02T .0120(d), 02U .0105, 02U .0120] 10. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule in G.S. 143-215.31)(a). The Permittee shall continue to pay annual fees for any facility operating on an expired permit that the Division has not rescinded or revoked. [15A NCAC 02T .0105(e)(2), 02U .0105] Permit issued this the 22" d day of November 2023 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: 71-11,?101� D1043082080C483... Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0023580 WQ0023580 Version 4.0 Shell Version 230811 Page 10 of 10 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Cove Key Association, Inc. PPI 001— Reclaimed Water Generation System Effluent Certification Date: November 22, 2023 Permit Number: WQ0023580 Version: 4.0 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 00310 BOD, 5-Day (20 °C) mg/L 10 15 4 x Year' Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 25 4 x Year' Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 7,200 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 4 x Year' Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 4 x Year' Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 4 x Year' Grab 00600 Nitrogen, Total (as N) mg/L 4 x Year Grab 00400 pH su Weekly Grab 00665 Phosphorus, Total (as P) mg/L 4 x Year Grab 00530 Solids, Total Suspended mg/L 5 10 4 x Year 1 Grab 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous Recorder 1. The Permittee shall conduct 4 x Year sampling in March, June, September, and December. WQ0023580 Version 4.0 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Cove Key Association, Inc. Certification Date: November 22, 2023 Permit Number: WQ0023580 Version: 4.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Owner Parcel No. County Latitude Longitude Net Dominant Parameter Hourly AL Yearly Units Acreage Soil Series Rate Max MkB2 — 1 Cove Key Association, Inc. 4644496668.224 Iredell 35.520281'-80.865776' 3.08 Mecklenburg 01284 —Non-Discharge Application Rate 0.35 31.2 inches loam Total: 3.08 WQ0023580 Version 4.0 Attachment B Page 1 of 1 STATE OF NORTH CAROLINA COUNTY OF Iredell Permit No. w000nw OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this of November 2(123 , by and between the North Carolina Environmental ement Commission, an agency of the State of North Carolina, hereinafter known as the CO and Cove Key a non-profit corporati zed and existing under and by virtue of the laws of the State of North Carolina, hereinafter knees as the ASSOCIATION. WITNESSETH: I. The ASSOCIATION was formed for the purpose, among others, of handling the property, ANkirs and business of the development known as Cove Key Association Tnc, (hereinafter the Development); of operating, maintaining, re -constructing and repairing moron elements of the lands and improvements subject to unit ownership, including the wastewa ection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disp stem); and of collecting dues and assessment to provide funds for such operation, maintenance, re- ction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sarsewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other imp is and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursu 'Chapter 47C of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development &properly constructed, maintained and operated in accordance with law and permit provisions in order WWtect the quality of the waters of the State and the public interest therein. NOW THEREFORE, in consideration of the promises and the benefits to be derived by each parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or mo bons to the Disposal System in accordance with the permit and plans and specifications hereafter ed and approved by the COMMISSION, and shall thereafter properly operate and maintain such Ms and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disp System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, opera, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify a entire wastewater treatment, collection and disposal system as a common element, which will receive highest priority for expenditures by the Association except for Federal, State, and local taxes and ins. FORM: HOA 01-20 'Oage 1 of 2 The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Dispoo System will be maintained out of the common expenses. In order to assure that there shall be readily available to repair, maintain, or construct the Disposal System beyond the routine o _ n and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be c out of the common expenses. Such fund shall be separate from the routine maintenance fund alloct for the facility and shall be part of the yearly budget. 4, In the event the common expense allocation and separate fund(s) are not adequate for the ediftruction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shalljbvide for special assessments to cover such necessary costs. There shall be no limit on the amo4 of such assessments, and the Declaration and Bylaws shall be provided such that special assessments doW made as necessary at any time. S. If a wastewater collection system and wastewater treatment and/or disposal facility provided y city, town, village, county, water and sewer authorities, or other unit of government shall herein ; become available to serve the Development, the ASSOCIATION shall take such action as is necessary se the existing and future wastewater of the Development to be accepted and discharged into said goAkamental system, and shall convey or transfer as much of the Disposal System and such necessary eas as the governmental unit may require as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and Mare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provisft for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIA7N shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary olution without first having transferred its said system and facilities to some person, corporation or o6er entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its reOWsibility for the operation and maintenance of its Disposal System until a permit has been reisgo to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, S, 6, and 7 above shall be condis of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenanceAt Wair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the laration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incoldbation of the Association. IN WITNESS WHEREON, this agreement was executed in duplicate originals by the dull orized representative of the parties hereto on the day and year written as indicated by each of the parties n below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: 741,*V 4-9 D1043082680C483... S. Daniel Smith, Director Division of Water Resources 11/22/2023 (Date) Cove Key Association Inc. Name of ASSOCIATION B (Signature) A. Brent Brower President Y .. Print Name and Title 11/9/23 (Date) FORM: HOA 01-20 :Rage 2 of 2 - rl Ak 16 kL Lago WETWE fj pi Illp Lagoon 5-DA UPSET P t 4 1 ire, -1