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HomeMy WebLinkAboutWQ0002284_Final Permit_20240417ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 17, 2024 OUTER BANKS/KINNAKEET ASSOCIATES, LLC C/O TONY KONSUL — DIRECTOR OF OPERATIONS CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA POST OFFICE BOX 240908 CHARLOTTE, NORTH CAROLINA 28224 Subject: Permit No. WQ0002284 Kinnakeet Shores WWTP Reclaimed Water Generation, Dedicated Utilization, and High -Rate Infiltration System Dare County Dear Mr. Konsul, In response to your permit major modification and renewal request received on October 27, 2023, and subsequent additional information received on January 29, 2024, we are forwarding herewith Permit No. WQ0002284 dated April 17, 2024, to Outer Banks/Kinnakeet Associates, LLC for the construction and operation of the proposed modifications to the 350,000 GPD reclaimed water generation system, the continued operation and subsequent abandonment of select 350,000 GPD reclaimed water generation facilities, the continued operation of the remaining 350,000 GPD reclaimed water generation facilities, and the suspended operation (see Condition I.4) of the dedicated reclaimed water utilization and high -rate infiltration system with exception of the 5.1 million gallon (MG) storage/infiltration pond. Modifications to the subject permit are as follows: ➢ The Division has approved the proposed modifications to replace the existing traveling bridge filter with two Hydrotech Discfilter units for tertiary filtration, retrofit the existing traveling bridge filter basin into two chlorine contact tanks, and retrofit the existing ultraviolet (UV) disinfection channel into an effluent box. ➢ The Division has suspended the operation of the dedicated reclaimed water utilization (spray irrigation) and high -rate infiltration system except for the 5.1 MG storage/infiltration pond. Additionally, the Division has reduced the permitted flow to 162,261 gallons per day (GPD) based on the 108,900 square foot (ft2) surface area and 1.49 gallons per day per square foot (GPD/ft2) loading rate of the 5.1 MG storage/infiltration pond. This permit is effective from the date of issuance through March 31, 2031, shall replace Permit No. WQ0002284 issued on August 17, 2018, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than October 2, 2030. 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 �0w0_0 W �i­0­; /I 919,707,9000 Mr. Tony Konsul April 17, 2024 Page 2 of 6 Please pay attention to the monitoring requirements listed in Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information may result in future non-compliance. The Division has removed the following permit conditions since the last permit issuance dated August 17, 2018: ➢ Old Conditions 12, 1.8, and 1.9 — The Division has removed these conditions because the permitted modification will replace the abandoned UV disinfection system with a liquid chlorine feed system. ➢ Old Conditions 1.3 and 11.15 — The Division has removed this condition because the Division has suspended operation of the dedicated reclaimed water utilization system (see Condition 1.4.) ➢ Old Conditions 1.4, 1.7, and 1.10 — The Division has removed these conditions because the Permittee has completed these Compliance Schedules. ➢ Old Condition 1.5 — The Division has removed this condition because the permitted modification will replace the existing traveling bridge filter with two Hydrotech Discfilter units for tertiary filtration. ➢ Old Condition 1.6 — The Division has removed this condition. ➢ Old Conditions 11.3, IV.11, and IV.12 —The Division has removed these conditions because the Permittee has constructed all proposed groundwater monitoring wells. ➢ Old Condition IL4 — The Division has replaced this condition with Condition IL3. ➢ Old Condition 11.12 — The Division has replaced this condition with Conditions IL 13, 11.14, and 11.15. ➢ Old Condition 11.15 — The Division has removed this condition because Condition L4 includes this language. ➢ Old Condition IIL2.b — The Division has removed this condition. ➢ Old Condition IIL9 —The Division has removed this condition because Conditions II1.19 and IV.I I include this language. ➢ Old Conditions IV.9 and IV.10 — The Division has replaced these conditions with Condition IV.8. Mr. Tony Konsul April 17, 2024 Page 3 of 6 The following permit conditions new or modified since the last permit issuance dated August 17, 2018: ➢ Condition 1.1 — Upon completion of construction and prior to operation of the permitted modifications, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed pursuant to G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. ➢ Condition 12 — The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, at least two business days in advance of the initial operation of the constructed modifications so that the Division can conduct a startup inspection. ➢ Condition 1.3 — By January 1, 2025, the Permittee shall submit a revised Site Map for the reclaimed water generation and storage units. ➢ Condition L4 — The Division has modified Old Condition L1 to include the redesign of the dedicated reclaimed water utilization system. ➢ Condition L5 — Prior to the operation of the modified reclaimed water facilities, the Permittee shall submit an amended Operation and Maintenance Plan. The Permittee shall submit the amended Operation and Maintenance Plan via the Non -Discharge online portal. ➢ Condition L6 — The Division has moved Old Condition VL5 from Section VI to Section 1. ➢ Condition 11.3 — The Permittee shall operate and maintain the permitted wastewater collection facilities pursuant to an individual system -wide collection system permit (Permit No. WQCS00295). ➢ Condition 11.6 — 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. ➢ Condition IL7 — 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. ➢ Condition 11.13 — For high -rate infiltration sites originally permitted on or after December 30, 1983, the Division has established the compliance boundary 250 feet from the infiltration area boundary or 50 feet within the property boundary, whichever is closest to the infiltration area boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require the Permittee to take corrective action. ➢ Condition 11.14 — The Division has established the review boundary midway between the compliance boundary and the infiltration area boundary. Any exceedance of groundwater standards at or beyond the review boundary shall require the Permittee to take preventative action. Mr. Tony Konsul April 17, 2024 Page 4 of 6 ➢ Condition II.15 — 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. ➢ Condition IL21 — The Division has revised the setbacks in Old Condition I1.16 to correspond to the modified facility. ➢ Condition II1.8 — The Division has modified Old Condition IIL 8 to remove "Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request" because Condition IV.I I includes this language and replace "at least once per permit cycle" with "annually." ➢ Condition IIL10 — The Permittee shall not allow vehicles or heavy machinery on the irrigation and infiltration area, except during equipment installation or maintenance activities. The Permittee shall take caution to protect the integrity of the infiltrative area. ➢ Condition IIL 11 — The Division has modified Old Condition IIL 13 to remove "Such controls may include the posting of signs showing the activities being conducted at each site." ➢ Condition IIL 12 — The Permittee shall prohibit public access to the infiltration facilities. ➢ Condition IIL14 — The Division has modified Old Condition IIL21 to remove "The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02U .0802" because Condition IV.10 details this. ➢ Condition 111.19 — The Permittee shall test and calibrate metering equipment annually. ➢ Condition IIL21 — 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. ➢ Condition IIL25 — The Permittee shall clean the infiltration areas once per permit cycle to remove deposited materials that may impede the infiltration process. The Permittee shall maintain cleaning records at the facility for eight years and shall make them available to the Division upon request. Prior to each cleaning, the Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481. ➢ Condition IV.2 — The Division has modified Old Condition IV.2 to include "Parameters measured on -site with in -line metering equipment are exempt from a Division -certified laboratory analysis." ➢ Condition IV.5 — The Division has modified Old Condition IV.5 to include "Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B" and remove "Records shall be maintained for a minimum of five years." ➢ Condition IV.6 — The Permittee shall maintain records tracking the amount of effluent infiltrated for each infiltration site listed in Attachment B. ➢ Conditions IV.7, IV.10, IV.11, and V.2 — The Division has modified the recordkeeping duration in Old Conditions IV.6, IV.7, IV.8, and V.2 from five years to eight years because this permit renewal will be for eight years per 15A NCAC 02T .0111(e). Mr. Tony Konsul April 17, 2024 Page 5 of 6 ➢ Condition IV.8 — 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, operation and utilization records (as specified in Conditions IV.5 and IV.7) on Form NDAR-1 for the irrigation sites listed in Attachment B, and operation and disposal records (as specified in Conditions IV.6 and IV.7) on Form NDAR-2 for the infiltration sites listed 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. ➢ Condition IV.9 — Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division an annual report summarizing the performance of the reclaimed water generation and irrigation facility and the extent to which the facility has violated this permit, or federal or state laws, regulations, or rules related to the protection of water quality. The Permittee shall prepare this report on either a calendar or fiscal year basis and shall submit it no later than 60 days after the end of the calendar or fiscal year. The Permittee shall submit the annual report via the Non -Discharge online portal. ➢ Condition IV.11 — The Division has modified Old Condition IV.8 to include the "Date of irrigation and infiltration equipment calibration" in the maintenance log. ➢ Condition IV.12 — The Permittee shall sample monitoring wells MW-10, MW-11, and MW-12 at the frequencies and for the parameters specified in Attachment C. ➢ Condition IV.14 — The Division has modified Old Condition IV.14 to include "Any facility failure resulting in a discharge to surface waters" and "Effluent breakout from the infiltration sites" in the noncompliance notification. ➢ Attachment A — The Division will suspend reporting for PPI 001 and has added PPI 002 for the facility's operation using only the 5.1 MG infiltration/storage pond for disposal until the Permittee redesigns the dedicated reclaimed water utilization system and the Division deems it operational (see Condition 1.4.) ➢ Attachment B —The Division will suspend reporting for the irrigation sites on Form NDAR-1 until the Permittee redesigns the dedicated reclaimed water utilization system and the Division deems it operational (see Condition 1.4.) 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). Mr. Tony Konsul April 17, 2024 Page 6 of 6 Included with this permit are Division -approved plans and specifications. If you need additional information concerning this permit, please contact Zachary Mega at (919) 707-3658 or zachary.me ag &deq.nc. og_v. Sincerely, � Do�cuyySignedby- Richard E. Rogers, Jr., Director Division of Water Resources cc: Dare County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Manjiang Chen, PE, PhD — McKim & Creed, Inc. (Electronic Copy) Operator Certification Program (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION, DEDICATED UTILIZATION, AND HIGH -RATE INFILTRATION 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 Outer Banks/Kinnakeet Associates, LLC Dare County FOR THE operation of a 162,261 gallon per day (GPD) wastewater collection, reclaimed water generation, dedicated utilization, and high -rate infiltration facility consisting of the: construction and operation of the following 350,000 GPD reclaimed water generation facilities consisting of: two 157 square foot (ft2) Hydrotech Discfilter units each with a 27 gallon per minute (GPM) backwash pump and rated at 3.99 gallons per minute per square foot (GPM/ft2); the retrofit of the existing traveling bridge filter basin into two 12,072 gallon chlorine contact tanks; the retrofit of the existing ultraviolet (UV) disinfection channel into an effluent box; and all associated piping, valves, controls, and appurtenances; the continued operation and subsequent abandonment of the following 350,000 GPD reclaimed water generation facilities consisting of a 348 ft2 traveling bridge filter (23 cells) rated at 0.7 GPM/ft2; and all associated piping, valves, controls, and appurtenances; the continued operation of a wastewater collection system consisting of approximately 3,143 linear feet (LF) of 8-inch gravity sewer; a 134 GPM pump station with duplex pumps and audible/visual high-water alarms; approximately 3,362 LF of 4-inch force main; a standby power supply; and all associated piping, valves, controls, and appurtenances; the continued operation of a 350,000 GPD reclaimed water generation system consisting of. a manual bar screen; a 140,000 gallon aerated flow equalization basin with two 243 GPM transfer pumps and served by a 300 cubic feet per minute (CFM) blower; two 23,985 gallon anoxic tanks with two transfer pumps and two anoxic mixing pumps; a 2.5 gallon per hour (GPH) chemical metering pump (50% sugar solution); a flow splitter box; two 175,000 gallon aeration basins each with coarse bubble diffusers and four recycle pumps; two 3,000 CFM blowers serving the aeration basins; two 31,050 gallon clarifiers; a second flow splitter box; a chlorination and dechlorination system consisting of a liquid chlorine feed system with two 1.8 GPH chemical metering pumps (and one uninstalled spare) and three 275 gallon storage tanks; a 61,650 gallon aerated sludge holding basin with two decant transfer pumps; a 1,750 gallon filter backwash return tank with two return pumps and audible/visual high-water alarms; a turbidimeter; a flowmeter; a 3.057 million gallon (MG) synthetically lined five-day upset pond; a 35,000 gallon five-day upset return pump station with duplex pumps and audible/visual high-water alarms; a 265,000 kilowatt (kW) automatically activated standby generator; and all associated piping, valves, controls, and appurtenances; the WQ0002284 Version 4.0 Shell Version 230811 Page 1 of 16 continued operation of the following dedicated reclaimed water utilization and high -rate infiltration facilities consisting of a 5.1 MG storage/infiltration pond with a loading rate of 1.49 gallons per day per square foot (GPD/ft2); and all associated piping, valves, controls, and appurtenances; and the suspended operation (see Condition I.4) of the remaining dedicated reclaimed water utilization facilities consisting of an irrigation pump station with duplex pumps and audible/visual high-water alarms; a mini weather station; a 19.38 acre spray irrigation area; a groundwater lowering pump station with duplex pumps and audible/visual high-water alarms; and all associated piping, valves, controls, and appurtenances to serve the Kinnakeet Shores WWTP, with no discharge of wastes to surface waters, pursuant to the application received on October 27, 2023, subsequent additional information received on January 29, 2024, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit is effective from the date of issuance through March 31, 2031, shall replace Permit No. WQ0002284 issued on August 17, 2018, and is subject to the following conditions and limitations: I. SCHEDULES Upon completion of construction and prior to operation of the permitted modifications, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed pursuant to G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit and shall provide a final engineering certification upon project completion. The Permittee shall submit the Engineering Certification via the Non -Discharge online portal_ [15A NCAC 02T .0116(a), 02U .0116] 2. The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, at least two business days in advance of the initial operation of the constructed modifications so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] WQ0002284 Version 4.0 Shell Version 230811 Page 2 of 16 3. Prior to January 1, 2025, the Permittee shall submit a revised Site Map for the reclaimed water generation and storage units that shall include: a. Legend, north arrow, and scale. b. All habitable residences or places of assembly within 500 feet of the reclaimed water generation and storage units. c. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of the reclaimed water generation and storage units. d. Location and identification of each monitoring well. e. Latitude and longitude coordinates of each monitoring well to the sixth decimal degree. f. Location and identification of all reclaimed water generation and storage units. g. Location and ownership of property boundaries within 500 feet of the reclaimed water generation and storage units, including rights -of -way and easements. h. Latitude and longitude coordinates of the established horizontal control monument to the sixth decimal degree. i. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum. J. Depth of water below the measuring point. k. Distance measurements verifying all setbacks. 1. Stormwater drainage controls. in. 100-year floodplain (if present). n. The date the map is prepared or revised. A Professional Surveyor shall provide boundaries and physical features not under the purview of other licensed professionals. A licensed or certified professional shall install the control monuments in such a manner and composed of such materials to protect the monuments from damage. The Permittee shall submit the Site Map via the Non -Discharge online portal. [15A NCAC 02C .0105(e)(5), 02T .0108(b)(1)(B), 02T .0704(d), 02U .0108, 02U .0201(d)] WQ0002284 Version 4.0 Shell Version 230811 Page 3 of 16 4. Prior to January 1, 2028, the Permittee shall redesign and construct the necessary modifications to the dedicated reclaimed water utilization system to meet this permit's conditions and 15A NCAC 02U. Prior to construction, the Permittee shall submit a permit modification via the Non -Discharge online portal. In addition to the required documentation pursuant to 15A NCAC 02U .0201 and 02U .0202 for the redesigned dedicated water utilization system, this permit modification shall include: a. Fully executed setback waivers pursuant to 15A NCAC 02T .0506(d) for any habitable residences or places of assembly under separate ownership that are within 100 feet of the two -foot freeboard elevation in the five-day upset pond and were constructed before the five-day upset pond was originally permitted on August 7, 2002. b. Fully executed easements filed in the Dare County Register of Deeds for all parcels not owned by the Permittee that contain the compliance boundaries of the reclaimed water irrigation sites. These easements shall specifically indicate the intended use of the parcel and meet the requirements of 15A NCAC 02L .0107(k). c. A table listing each proposed reclaimed water irrigation site, current property owner(s), and the associated easement book and page number (if applicable). d. A Site Map for the dedicated reclaimed water utilization sites that shall include: i. Legend, north arrow, and scale. ii. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief. in. All habitable residences or places of assembly within 500 feet of the reclaimed water utilization sites. iv. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of the reclaimed water utilization sites. v. The perimeter of all dedicated reclaimed water utilization sites with field names as listed in Attachment B. vi. Location and ownership of property boundaries within 500 feet of the reclaimed water utilization sites, including rights -of -way and easements. vii. Latitude and longitude coordinates of the established horizontal control monument to the sixth decimal degree. viii. Delineation of the compliance and review boundaries. ix. Distance measurements verifying all setbacks. x. Stormwater drainage controls. xi. 100-year floodplain (if present). xii. The date the map is prepared or revised. A Professional Surveyor shall provide boundaries and physical features not under the purview of other licensed professionals. A licensed or certified professional shall install the control monuments in such a manner and composed of such materials to protect the monuments from damage. [ 15A NCAC 02U .0201(d)] [15A NCAC 02T .0108(b)(1)(13), 02U .0108] 5. Prior to the operation of the modified reclaimed water facilities, the Permittee shall submit an amended Operation and Maintenance Plan. The Permittee shall submit the amended Operation and Maintenance Plan via the Non -Discharge online portal. [15A NCAC 02T .0108(b)(1)(B), 02T .0707(a), 02U .0108, 02U .0801(a)] 6. 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)] 7. The Permittee shall request renewal of this permit on Division -approved forms no later than October 2, 2030. [ 15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109] WQ0002284 Version 4.0 Shell Version 230811 Page 4 of 16 IL PERFORMANCE STANDARDS 1. The Permittee shall operate and maintain the subject reclaimed water generation, dedicated utilization, and high -rate infiltration 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, dedicated utilization, and high -rate infiltration 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 .01081 3. The Permittee shall operate and maintain the permitted wastewater collection facilities pursuant to an individual system -wide collection system permit (Permit No. WQCS00295). [ 15A NCAC 02T .04011 4. Reclaimed water quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02U .0301] 5. The Permittee shall not utilize generated reclaimed water in exceedance of the hydraulic and agronomic rates specified in Attachment B. [15A NCAC 02T .0108(b)(1)(A), 02U .0401(g)] 6. 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] 7. 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)] 8. 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)] 9. 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 WQ0002284 Version 4.0 Shell Version 230811 Page 5 of 16 10. The Permittee shall secure all reclaimed water valves and outlets such that only Penn ittee-authorized personnel can operate them. [15A NCAC 02U .0403(d)] 11. 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)] 12. 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 ] 13. For high -rate infiltration sites originally permitted on or after December 30, 1983, the Division has established the compliance boundary 250 feet from the infiltration area boundary or 50 feet within the property boundary, whichever is closest to the infiltration area 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 02L .0106(e), 02L .0107(b), 02L .0107(c), 02L .0107(f), 02T .0105 h ] 14. The Division has established the review boundary midway between the compliance boundary and the infiltration area boundary. Any exceedance of groundwater standards at or beyond the review boundary shall require the Permittee to take preventative action. [ 15A NCAC 02L .0106(d), 02L .0108] 15. 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)] 16. 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)] 17. 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)] 18. 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(a), 02U .0403(h)] 19. 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(a), 02U .0403(i)] 20. Reclaimed water distribution lines shall meet the separation distances to sewer lines pursuant to 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .0403(j)] WQ0002284 Version 4.0 Shell Version 230811 Page 6 of 16 21. 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 August 7, 2002, with an application received on November 16, 2001. The setbacks for spray 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 5.1 MG storage/infiltration pond on August 7, 2002, with an application received on November 16, 2001. The setbacks for high -rate infiltration sites originally permitted or modified as a reclaimed water system with an application received from February 1, 1993, through August 31, 2006, are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters classified non -SA: 25 iii. Each water supply well: 100 iv. Each non -potable well: 10 v. Each impounded public surface water supply: 500 vi. Each public shallow groundwater supply (less than 50 feet deep): 500 [ 15A NCAC 02H .0219(k), 02H .0404(g)] c. The Division originally permitted the treatment and storage units on August 7, 2002, with an application received on November 16, 2001. 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: 1001 ii. Each on -property residential unit if the unit is to be sold: 101 iii. Each private or public water supply source: 100 iv. Surface waters: 50 v. Each well with exception of monitoring wells: 100 vi. Each property line: 50 Z vii. 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), 02H .0404(g)1 WQ0002284 Version 4.0 Shell Version 230811 Page 7 of 16 d. The Division originally permitted the two Hydrotech Discfilter units and two 12,072 gallon chlorine contact chambers on April 17, 2024, with an application received on October 27, 2023. The setbacks for treatment and storage units originally permitted or modified with an application received on or after September 1, 2018, 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 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 02T .0506(b), 02U .0701(a), 02U .0701(h), 02U .0701(i)] III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0101, 02U .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in 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 02T .0707(a), 02U .0801(a)] 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. [ 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)] 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 ninoff from the irrigation area. [ 15A NCAC 02U .0801(c)1 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)] WQ0002284 Version 4.0 Shell Version 230811 Page 8 of 16 8. The Permittee shall test and calibrate the irrigation and infiltration equipment annually. [15A NCAC 02T .0707(d), 02U .0801(d)] 9. The Permittee shall only irrigate and infiltrate reclaimed water generated from the Kinnakeet Shores WWTP onto the sites listed in Attachment B. [15A NCAC 02T .0701, 02U .0101] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation and infiltration area, except during equipment installation or maintenance activities. The Permittee shall take caution to protect the integrity of the infiltrative area. [15A NCAC 02T .0707(e), 02U .0801(e)] 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 prohibit public access to the infiltration facilities. [15A NCAC 02T .0705(p)] 13. The Permittee shall control public access to reclaimed water utilization sites during active site use. [ 15A NCAC 02U .0501(a)(2)] 14. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .0708, 02T .1101, 02U .0802]. 15. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02T .0705(i), 02U .0402(g)] 16. The Permittee shall maintain a freeboard of not less than two feet in the 3.057 MG five-day upset pond and the 5.1 MG storage/infiltration pond. [ 15A NCAC 02T .0705(c), 02U .0401(h)] 17. The Permittee shall provide gauges to monitor freeboard levels in the 3.057 MG five-day upset pond and the 5.1 MG storage/infiltration 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 02T .0707(fl, 02U .0801(f)] 18. 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 02T .0707(g), 02U .0801(g)] 19. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02T .0707(d), 02U .0801 d ] 20. 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 02T .0705(k), 02U .0401(d)] 21. 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)] 22. 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 WQ0002284 Version 4.0 Shell Version 230811 Page 9 of 16 23. 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)] 24. 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)] 25. The Permittee shall clean the infiltration areas once per permit cycle to remove deposited materials that may impede the infiltration process. The Permittee shall maintain cleaning records at the facility for eight years and shall make them available to the Division upon request. Prior to each cleaning, the Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481. [15A NCAC 02T .0707(h)] 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 .0108] 2. A Division -certified laboratory shall conduct all analyses for the required parameters specified in Attachments A and C. Parameters measured on -site with in -line metering equipment are exempt from a Division -certified laboratory analysis. [15A NCAC 02H .0805] 3. 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 .0108] 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] WQ0002284 Version 4.0 Shell Version 230811 Page 10 of 16 6. The Permittee shall maintain records tracking the amount of effluent infiltrated, which shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration. b. Volume of effluent infiltrated. c. Site infiltrated. d. Length of site infiltration 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. [ 15A NCAC 02T .0108(c)] 7. 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 3.057 MG five-day upset pond and the 5.1 MG storage/infiltration 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 .0108] 8. 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, operation and utilization records (as specified in Conditions IV.S and IV.7) on Form NDAR-1 for the irrigation sites listed in Attachment B, and operation and disposal records (as specified in Conditions IV.6 and IV.7) on Form NDAR-2 for the infiltration sites listed 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 reportportal. [15A NCAC 02T .0105(1), 02U .0105] 9. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division an annual report summarizing the performance of the reclaimed water generation and irrigation facility and the extent to which the facility has violated this permit, or federal or state laws, regulations, or rules related to the protection of water quality. The Permittee shall prepare this report on either a calendar or fiscal year basis and shall submit it no later than 60 days after the end of the calendar or fiscal year. The Permittee shall submit the annual report via the Non -Discharge online portal. [G.S. 143-215.1C(a)] 10. 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 02T .0708(b), 02U .0802(b)] WQ0002284 Version 4.0 Shell Version 230811 Page 11 of 16 11. 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 and infiltration 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. Date and results of the alternate power supply testing. g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [ 15A NCAC 02T .0707(i), 02U .0801(h)] 12. The Permittee shall sample monitoring wells MW-10, MW-11, and MW-12 at the frequencies and for the parameters specified in Attachment C. [ 15A NCAC 02T .0105(m), 02U .0105] 13. On or before the last day of the month following the previous month's sampling, the Permittee shall submit a Compliance Monitoring Form (GW-59) and its associated laboratory analyses for each monitoring well in Attachment C. The Permittee shall submit the Compliance Monitoring Forms via the Non -Discharge monitoring report portal_ [15A NCAC 02T .0105(m), 02U .0105] 14. Noncompliance Notification: The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, 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. Effluent breakout from the infiltration sites. g. 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.1 l.g 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 Washington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] WQ0002284 Version 4.0 Shell Version 230811 Page 12 of 16 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 02T .0707(i), 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation dedicated utilization, and high -rate infiltration facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for eight years from the date of the inspection and shall make this log available to the Division upon request. [15A NCAC 02T .0707(i), 02T .0707(i), 02U .0801(h), 02U .0801(i)] Division -authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the permitted reclaimed water generation, dedicated utilization, and high -rate infiltration 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)] VI. GENERAL 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)] 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 WQ0002284 Version 4.0 Shell Version 230811 Page 13 of 16 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, 15A NCAC 02T, or 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] 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. 143-215.613 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, 15A NCAC 02T, or 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 .01201 WQ0002284 Version 4.0 Shell Version 230811 Page 14 of 16 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 .0105(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 17th day of April 2024 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: %Zc+��a rvr e� 3 su D1043082680C48... Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0002284 WQ0002284 Version 4.0 Shell Version 230811 Page 15 of 16 Permit No. WQ0002284 Reclaimed Water Generation, Dedicated Outer Banks/Kinnakeet Associates, LLC Utilization, and High -Rate Infiltration System Kinnakeet Shores WWTP April 17, 2024 Dare County ENGINEERING CERTIFICATION ❑ Partial ❑ Final I, , as a duly licensed North Carolina Professional Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted modifications, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the attached as -built drawings. Description of variations: Professional Engineer's Name Firm Name Firm No. Address City State Zip Code Telephone Email AL AE&Seal, Signature, and Date IN THE PERMITTEE SHALL SUBMIT THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, VIA THE NON -DISCHARGE ONLINE PORTAL. WQ0002284 Version 4.0 Shell Version 230811 Page 16 of 16 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Outer Banks/Kinnakeet Associates, LLC PPI 001— Reclaimed Water Generation System Effluent (Dedicated Utilization System Operational) r Certification Date: April 17, 2024 Permit Number: WQ0002284 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 JL Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 15 Weekly 2 / 2 x Months Composite 00940 Chloride (as Cl) mg/L 3 x Year' Composite 50060 Chlorine, Total Residual mg/L 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 25 Weekly 2 / 2 x Months Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 35 1000 7 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 Weekly 2 / 2 x Months Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L Weekly 2 / 2 x Months Composite 00620 Nitrogen, Nitrate Total (as N) mg/L 10 Weekly 2 / 2 x Months Composite 00600 Nitrogen, Total (as N) mg/L Weekly 2 / 2 x Months Composite 00400 pHs 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L Weekly 2 / 2 x Months Composite 70300 Solids, Total Dissolved — 180 °C mg/L 3 x Year 4 Composite 00530 Solids, Total Suspended mg/L 5 10 Weekly 2 / 2 x Months Composite 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous Recorder 1. The Division will suspend reporting for this PPI until the Permittee redesigns the dedicated reclaimed water utilization system and the Division deems it operational (see Condition L4). 2. The Permittee shall conduct Weekly sampling from May 1st through August 31st 3. The Permittee shall conduct 2 x Month sampling from September 1st through April 301'. 4. The Permittee shall conduct 3 x Year sampling in March, July, and November. WQ0002284 Version 4.0 Attachment A Page 1 of 3 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Outer Banks/Kinnakeet Associates, LLC PPI 002 — Reclaimed Water Generation System Effluent (Dedicated Utilization System Non -Operational) Certification Date: April 17, 2024 Permit Number: WQ0002284 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 Weekly 1 / 2 x Month 2 Composite 00940 Chloride (as Cl) mg/L 3 x Years Composite 50060 Chlorine, Total Residual mg/L 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 25 Weekly 1 / 2 x Month 2 Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 162,261 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 Weekly 1 / 2 x Month 2 Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L Weekly 1 / 2 x Month 2 Composite 00620 Nitrogen, Nitrate Total (as N) mg/L 10 Weekly 1 / 2 x Month 2 Composite 00600 Nitrogen, Total (as N) mg/L Weekly 1 / 2 x Month 2 Composite 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L j Weekly 1 / 2 x Month 2 Composite 70300 Solids, Total Dissolved — 180 °C mg/L 3 x Year 3 Composite 00530 Solids, Total Suspended mg/L 5 10 Weekly 1 / 2 x Month 2 Composite t 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous Recorder 1. The Permittee shall conduct Weekly sampling from May V through August 31' 2. The Permittee shall conduct 2 x Month sampling from September V through April 30t1i. 3. The Permittee shall conduct 3 x Year sampling in March, July, and November. WQ0002284 Version 4.0 Attachment A Page 2 of 3 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Outer Banks/Kinnakeet Associates, LLC PPI 003 — Groundwater Lowering Ditch 001 (Sampling Point DD-1) Certification Date: April 17, 2024 Permit Number: WQ0002284 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 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year' Grab 00600 Nitrogen, Total (as N) mg/L 3 x Year' Grab 00300 Oxygen, Dissolved (DO) mg/L 3 x Year' Grab 00665 Phosphorus, Total (as P) mg/L 3 x Year' Grab 1. The Permittee shall conduct 3 x Year sampling in March, July, and November. PPI 004 — Groundwater Lowering Ditch 002 (Sampling Point DD-2) EFFLUENT CHARACTERISTICS IT EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year' Grab 00600 Nitrogen, Total (as N) mg/L 3 x Year 1 Grab 00300 Oxygen, Dissolved (DO) mg/L 3 x Year Grab 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1. The Permittee shall conduct 3 x Year sampling in March, July, and November. WQ0002284 Version 4.0 Attachment A Page 3 of 3 THIS PAGE BLANK ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Outer Banks/Kinnakeet Associates, LLC Certification Date: April 17, 2024 Permit Number: WQ0002284 Version: 4.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Zone Owner Parcel No. County Latitude Longitude Net Dominant Parameter Hourly Yearly Units Acreage Soil Series Rate Max Outer Banks/Kinnakeet AlA Dare 35.344444' -75.507500' 0.85 CoB - Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A1B Dare 35.345278° -75.507222° 0.59 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A2A Outer Banks/Kinnakeet Dare 35.343056° -75.508056° 0.23 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A2B Dare 35.342500° -75.507778° 0.18 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A2C Dare 35.341944° -75.508333° 0.25 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A2D Outer Banks/Kinnakeet Dare 35.340833° -75.508056° 0.28 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A2E Dare 35.343333° -75.508889° 0.12 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A2F Dare 35.343611° -75.509167° 0.14 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A2G Outer Banks/Kinnakeet Dare 35.343889° -75.509167° 0.13 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A3A Dare 35.340556° -75.507778° 0.47 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A3B Dare 35.340278° -75.508611° 0.62 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A3C Outer Banks/Kinnakeet Dare 35.340278° -75.508722° 0.30 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A4 Dare 35.340000° -75.507778° 0.74 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet ASA Dare 35.337778° -75.508611° 0.00 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC ASB Outer Banks/Kinnakeet Dare 35.338661° -75.509167° 0.21 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet ASC Dare 35.339167° -75.508722° 0.28 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet ASD Dare 35.338056° -75.509137° 0.50 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC ASE Outer Banks/Kinnakeet Dare 35.336667° -75.510556° 0.26 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet ASF Dare 35.336667° -75.510278° 0.09 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet ASG Dare 35.336111° -75.510833° 0.08 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC ASH Outer Banks/Kinnakeet Dare 35.336111° -75.510278° 0.27 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC WQ0002284 Version 4.0 Attachment B Page 1 of 3 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Outer Banks/Kinnakeet Associates, LLC Certification Date: April 17, 2024 Permit Number: WQ0002284 Version: 4.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Zone Owner Parcel No. County Latitude Longitude Net Dominant Parameter Hourly Yearly Units Acreage Soil Series Rate Max Outer Banks/Kinnakeet A5I Dare 35.337500' -75.508611° 0.27 CoB - Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A6A Dare 35.334444° -75.507500° 0.66 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A6B Outer Banks/Kinnakeet Dare 35.336389° -75.507500° 0.60 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A6C Dare 35.337222° -75.508056° 0.44 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A6D Dare 35.336389° -75.508056° 0.25 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A7 Outer Banks/Kinnakeet Dare 35.341389° -75.505000° 1.42 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A8 Dare 35.341944° -75.505556° 1.40 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A9A Dare 35.338056° -75.510833° 0.11 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A9B Outer Banks/Kinnakeet Dare 35.336667° -75.513611° 0.43 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A9C Dare 35.336667° -75.513889° 0.23 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet AlOA Dare 35.334167° -75.511667° 0.59 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC AlOB Outer Banks/Kinnakeet Dare 35.334167° -75.511111° 0.43 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet AlOC Dare 35.332222° -75.511944° 0.16 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet AlOD Dare 35.331667° -75.511944° 0.11 CoB-Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A11A Outer Banks/Kinnakeet Dare 35.334167° -75.512222° 0.10 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A 11B Dare 35.332222° -75.512500° 1.88 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Outer Banks/Kinnakeet A 12A Dare 35.331389° -75.512500° 0.41 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC A 12B Outer Banks/Kinnakeet Dare 35.330000° -75.513333° 0.80 CoB -Corolla 01284 -Non-Discharge Application Rate 0.3 161.2 inches Associates, LLC Total: 119.38 1. The Division will suspend reporting for these sites on Form NDAR-1 until the Permittee redesigns the dedicated reclaimed water utilization system and the Division deems it operational (see Condition L4). WQ0002284 Version 4.0 Attachment B Page 2 of 3 ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Outer Banks/Kinnakeet Associates, LLC Certification Date: April 17, 2024 Permit Number: WQ0002284 Version: 4.0 INFILTRATION AREA INFORMATION APPLICATION LIMITATIONS Site Owner Parcel No. County Latitude Longitude Net Acreage Dominant Soil Series Parameter Rate Units Pond 1 Outer Banks/Kinnakeet Associates, LLC 031018000 Dare 35.344705' -75.507325' 2.50 CoB — Corolla 01284 —Non-Discharge Application Rate 1.49 1 GPD/ft2 Total: 2.50 WQ0002284 Version 4.0 Attachment B Page 3 of 3 THIS PAGE BLANK ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Outer Banks/Kinnakeet Associates, LLC Monitoring Wells: MW-10, MW-11, and MW-12 Certification Date: April 17, 2024 Permit Number: WQ0002284 Version: 4.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00680 Carbon, Total Organic (TOC) mg/L 3 x Year Grab 1,6 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 su 3 x Year Grab 1, 2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1 70300 Solids, Total Dissolved - 180 °C 500 mg/L 3 x Year Grab 1 GWVOC Volatile Compounds (GW) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 1. The Permittee shall conduct 3 x Year monitoring in March, July, and November, and Annual monitoring in November. 2. The Permittee shall measure the water levels prior to purging the wells. The Permittee shall measure the depth to water in each well from the surveyed point on the top of the casing. The Permittee shall measure pH after purging and prior to sampling for the remaining parameters. 3. The Permittee shall survey the measuring points (top of well casing) of all monitoring wells to provide the relative elevation of the measuring point for each monitoring well. The Permittee shall survey the measuring points (top of casing) of all monitoring wells relative to a common datum. 4. Volatile Organic Compounds (VOC) — Analyze by one or more of the following methods: a. Standard Method 6200 B-2011, PQL at 0.5 �tg/L or less b. Standard Method 6200 C-2011, PQL at 0.5 �tg/L or less c. SW-846 Method 8021 B, Low Concentration, PQL at 0.5 gg/L or less d. SW-846 Method 8260 D, Low Concentration, PQL at 0.5 gg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used shall meet the following qualifications: a. A Division -certified laboratory shall run any method used. b. The method used shall include all the constituents listed in Table 6200:I of Standard Methods. c. The method used shall provide a PQL of 0.5 �tg/L or less supported by laboratory proficiency studies as required by the Division's Laboratory Certification Branch. A Division -certified laboratory shall qualify (estimate) and report any constituents detected above the MDL but below the PQL of 0.5 gg/L. 5. If monitoring detects any volatile organic compounds (VOC), then the Permittee shall immediately contact the Washington Regional Office supervisor, telephone number (252) 946-6481, for further instructions regarding any additional follow-up analyses required. WQ0002284 Version 4.0 Attachment C Page 1 of 2 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Certification Date: April 17, 2024 Outer Banks/Kinnakeet Associates, LLC Permit Number: WQ0002284 Version: 4.0 6. If monitoring detects TOC concentrations greater than 10 mg/L in any downgradient monitoring well, the Permittee shall conduct additional sampling and analysis to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration shall represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells are subject to additional sampling and analysis as described above. 7. The Permittee shall report monitoring well data on Compliance Monitoring Forms (GW-59s) consistent with the nomenclature and location information provided in this attachment. WQ0002284 Version 4.0 Attachment C Page 2 of 2 STATE OF NORTH CAROLINA COUNTY OF Dare Permit No. W 022 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 19 day of ,7anu —. -- -- - - - 2424 --, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Out Bw&-li Wmkeet nswcmtm u.C. by C=Wwa water sema, W. ofNunh Carolina [ma y o 3 , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. VvTrNESSETH. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as opt Ba dvYinn km Asexsaw% LLC. by Caroilnn wafer same, [w. of No& Casale (Enxrgeacy operator) (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.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 improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect 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 of the 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 modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal 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, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. FORM: HOA 01-20 Page 1 of 2 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated 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 construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements 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 welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other 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 responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair 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 Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by A �c�Gfi �2n�6t t�Le� D1043082680C483... Richard E. Rogers, Jr., Director Division of Water Resources 4/17/2024 (Date) Om BahXimtva Avodftm, LLC. by Cmho Wales SwIiM Inc. COWL UMHM M--ww9 OMM4 Name of ASSOCIATION (Signature t Tony Konsul, Director of Operations - CWSNC Print Name d Title k � 77 tLk (Date) FORM: HOA 01-20 Page 2 of 2 mom 014708000 014708000 014708000 014708000 014708000 1A14RQ OLY 014 � 01480 014712000 0� �` ' ' 16 fl14710013 • TERTIARY FILTER 014710002 710012 � 014722000 ., �"^WestertiY 1" ■MODIFICATIONS 014 0 1 42330 01 717 62 0 u14710003 1471 01 14718Q0 _ 0 n.c1 864 6 000�' 71 H 16 0 2 147100 ► 147,: 0 059. f m Hatteras Island } 000 147100 /► B' 0 4805102 flT 80S�D3 014700000 47,3400 1 3200 Surf Shop 0 4805207 01480 06 147100 4l' 4805208 Q148052 472100 4805109 0148052fl7 471000 :� 26221,O 4720 ,L 014723000 4805201 14 05 14702000 014731000 T ' Y__T 0 4805262 805108 014805209 1471000 � � . 014 ` s1�� �" 1° -* 01482202 i 0 i4T�f001 ® 014826202 014710017 01471 014710005 014�4002 38000 014822f '� 014n zza 0147 000 0147 y D 14 0+22 '.0285.54000'•— fin Rd �, 01 82 5 5-DAY /� SETS '�i14$} `` .. 028s55 Do 0148 STORAGE 024 �f P O N O' 014726000 x Q f 014it2025• �W �` U 1425 (TCEATMENT 4 TENNIS -� 822025 UNITS IN51DE) COURTS _ 0147280 220i�6 �. 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' I's 600' GRAPHIC SCALE LEGEND RMDWAY CENIERl1NE RIGM-OF-WAY PROPERTY EIOUN- AW MRV PROPERTY UEE SHORELRE iZ A MRIOATION ARM � WATER ® GROUNDWATER SAMPLE POMP P.C. PLAT CASRET SL SUDE S.F. SOINRE FEET RECEIVEWDEUDWR JUL 2 4 209 1 a 1 1523