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WQ0031396_Final Permit_20240506
ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGEM, JR. Director NORTH CAROLINA Environmental Quality May 6, 2024 JACK MINSKI — MANAGING MEMBER LAKE POINT PROPERTIES ON SANTEETLAH, LLC 21500 BISCAYNE BOULEVARD — SUITE 600 AVENTURA, FLORIDA 33180 Subject: Permit No. WQ0031396 Santeetlah Lakeside WWTP Reclaimed Water Generation and Dedicated Utilization System Graham County Dear Mr. Minski, In response to your permit renewal request received on January 26, 2024, and subsequent additional information received on April 16, 2024, we are forwarding herewith Permit No. WQ0031396 dated May 6, 2024, to Lake Point Properties on Santeetlah, LLC for the continued operation of the subject reclaimed water generation and dedicated utilization facilities. This permit is effective from August 1, 2024, through July 31, 2032, shall replace Permit No. WQ0031396 issued on March 13, 2023, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than February 2, 2032. 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 March 13, 2023: ➢ Old Condition L1 — The Division has removed this condition because the Permittee has completed the Compliance Schedule. ➢ Old Condition IL3 — The Division has removed this condition because the Permittee has constructed all proposed groundwater monitoring wells. ➢ Old Condition IL 19 — The Division has removed this condition because the Permittee owns all the irrigation sites. ➢ Old Condition IV.10 — The Division has removed this condition because Condition IV.9 includes this language. NORTH CAROLINAD �`���` � v rhw�eM or �wim�m¢mpi 0uai� !' 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 919,707,9000 Mr. Jack Minski May 6, 2024 Page 2 of 3 The following permit conditions and attachment are new or modified since the last permit issuance dated March 13, 2023: ➢ Conditions 1.2, L3, and 1.4 — The Division has moved Old Conditions VL5, VL11, and VL12 from Section VI to Section I. ➢ Condition IIL8 — The Division has modified Old Condition IIL8 to replace "one per permit cycle" with "annually." ➢ Condition 111.12 — The Division has modified Old Condition 111.12 to remove "Such controls may include the posting of signs showing the activities being conducted at each site." ➢ 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.6 — The Division has modified Old Condition IV.6 to include "and mass loading records (as specified in Condition IV.51) on Form NDMLR for every site in Attachment B." ➢ Conditions IV.7, IV.8, and V.2 — The Division has modified the recordkeeping duration in Old Conditions IV.7, IV.8, and V.2 from five years to eight years because this permit renewal will be for eight years pursuant to 15A NCAC 02T .0111(e). ➢ Condition VI.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. ➢ Attachment B — The Division has added "The Permittee shall submit PAN reporting on Form NDMLR" as a footnote. 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. Jack Minski May 6, 2024 Page 3 of 3 If you need additional information concerning this permit, please contact Zachary Mega at (919) 707-3658 or zachM.me aga9deq.nc. og_v. Sincerely, � Do�cuyySignedby- Richard E. Rogers, Jr., Director Division of Water Resources cc: Graham County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) THIS PAGE BLANK 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 Lake Point Properties on Santeetlah, LLC Graham County FOR THE continued operation of a 4,120 gallon per day (GPD) reclaimed water generation and dedicated utilization facility consisting of - an influent flowmeter; a 5,000 gallon baffled septic tank with an effluent filter; a 3,750 gallon flow equalization tank with two submersible 30 gallon per minute (GPM) pumps and audible/visual high-water alarms; a BioclereTM Model 24/20 with a 1,847 gallon 1st stage and 2,377 gallon 2nd stage trickling filter, and four submersible 10 GPM dosing pumps; a BioclereTM Model 24/24 with a 1,600 gallon clarifier and two submersible 35 GPM sludge return pumps; a sand filter feed tank with two 15.7 GPM centrifugal self - priming feed pumps and audible/visual high-water alarms; two automatic backwash sand filters; a filter backwash tank with two 48 GPM centrifugal self -priming backwash pumps; a chemical feed tank with a pH adjustment pump and a 0.25 horsepower (hp) mixer; four 40 GPM ultraviolet (UV) disinfection banks each with two lamps; a turbidimeter; an automatically activated standby generator; four 15,000 gallon interconnected storage tanks; a 3,490 gallon field dosing tank with two submersible field dosing pumps and audible/visual high-water alarms; an effluent flowmeter; two 10,300 gallon interconnected tanks providing five-day upset storage with a submersible 20 GPM return pump; a 0.46 acre drip irrigation area with four fields; and all associated piping, valves, controls, and appurtenances to serve the Santeetlah Lakeside WWTP consisting of no more than 58 total bedrooms associated with 10 condominium units and 18 residential lots, with no discharge of wastes to surface waters, pursuant to the application received on January 26, 2024, subsequent additional information received on April 16, 2024, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit is effective from August 1, 2024, through July 31, 2032, shall replace Permit No. WQ0031396 issued on March 13, 2023, and is subject to the following conditions and limitations: WQ0031396 Version 2.0 Shell Version 230811 Page 1 of 10 I. SCHEDULES 1. Within 90 days of this permit's effective date, the Permittee shall submit a final Operation and Maintenance Plan. The Permittee shall submit the final Operation and Maintenance Plan via the Non - Discharge online portal_ [15A NCAC 02T .0108(b)(1)(B), 02U .0108, 02U .0801(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. Pursuant to the flow reduction request received on September 4, 2019, and approved on December 31, 2019, the Division accepts the data -based design flow rate of 70 gallons per day per bedroom (GPDBR) for the users served by this facility. At no time shall generated reclaimed water flows exceed the limits defined in this permit. The Permittee shall report the measured monthly average amount of generated reclaimed water flow contributed per unit (GPDBR) for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved value, the Permittee shall reevaluate the approved value using the methodology applied to determine the approved flow rate of 70 GPDBR and submit this information with the renewal application for reevaluation of the approved flow rate. [ 15A NCAC 02T .0114 , 02U .0114] 4. The Permittee shall retain the Division's written approval of the authorized adjusted daily design flow rate for the life of this facility and shall transfer this approval to any future Permittee. [ 15A NCAC 02T .0114(f)(4), 02U .0114] 5. The Permittee shall request renewal of this permit on Division -approved forms no later than February 2, 2032. [ 15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109] II. 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)] WQ0031396 Version 2.0 Shell Version 230811 Page 2 of 10 7. The Permittee shall tag or label all reclaimed water valves, storage facilities, and outlets to wam the public or employees that the reclaimed water is not for drinking. [ 15A NCAC 02U .0403(b)] 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 on or after September 1, 2006, the Division has established the compliance and review boundaries at the irrigation 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(c), 02L .0107(fl, 02T .0105(h), 02U .0501(a)(6)] 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)] WQ0031396 Version 2.0 Shell Version 230811 Page 3 of 10 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)] 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 May 15, 2007, with an application received on March 28, 2007. The setbacks for drip reclaimed water irrigation sites originally permitted or modified with an application received from September 1, 2006, through June 17, 2011, are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each well with exception of monitoring wells: 100 [ 15A NCAC 02T .0912(b), 02T .0912(c)1 b. The Division originally permitted the treatment and storage units on May 15, 2007, with an application received on March 28, 2007. The setbacks for treatment and storage units originally permitted or modified with an application received from September 1, 2006, through June 17, 2011, 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), 02T .0912(a)] III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 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 02U .0801(a)] WQ0031396 Version 2.0 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. [15A NCAC 02T .0117, 02U .01171 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 runoff 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)] 8. The Permittee shall test and calibrate the irrigation equipment annually. [15A NCAC 02U .0801(d)1 9. The Permittee shall only irrigate reclaimed water generated from the Santeetlah Lakeside 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)] 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 .08021. 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02U .0402(a)] 15. 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)] 16. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02U .0801(d)] 17. 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)] 18. 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)] WQ0031396 Version 2.0 Shell Version 230811 Page 5 of 10 19. 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 storage tanks until the Permittee corrects all problems associated with the reclaimed water generation system. The Permittee shall pump all water in the five-day upset storage tanks back to the treatment plant headworks for re -treatment or treat the water in the five-day upset storage tanks prior to utilization. [ 15A NCAC 02U .0402(d)] 20. 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)] 21. 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)] 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] 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] WQ0031396 Version 2.0 Shell Version 230811 Page 6 of 10 6. 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 disposal records (as specified in Condition IV.S) on Form NDAR-1 for every site in Attachment B, and mass loading records (as specified in Condition IV.S.f) on Form NDMLR 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] 7. 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)] 8. 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. 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 02U .080I (h)] 9. The Permittee shall sample monitoring wells MW-1 and MW-2 prior to initiating reclaimed water irrigation operations. The Permittee shall then sample monitoring wells MW-1 and MW-2 at the frequencies and for the parameters specified in Attachment C. [ 15A NCAC 02T .0105(m), 02U .0105] 10. 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] WQ0031396 Version 2.0 Shell Version 230811 Page 7 of 10 11. Noncompliance Notification: The Permittee shall report to the Asheville Regional Office, telephone number (828) 296-4500, 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.8.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 Asheville 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)1 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)] 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)] WQ0031396 Version 2.0 Shell Version 230811 Page 8 of 10 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)1 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 .0108(b)(1)(A), 02U .01081 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 .0105] 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] WQ0031396 Version 2.0 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 6t' day of May 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 WQ0031396 WQ0031396 Version 2.0 Shell Version 230811 Page 10 of 10 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Lake Point Properties on Santeetlah, LLC PPI 001— Reclaimed Water Generation System Effluent Certification Date: May 6, 2024 Permit Number: WQ0031396 Version: 2.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Monthly Daily Minimum Average Geometric Mean Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 15 4 x Year' Grab 00940 Chloride (as Cl) mg/L 3 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 thin Treatment Plant GPD 4,120 s 2,7404 1,3605 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 4 x Year t Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 4 x Year t Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 4 x Year 1 Grab 00600 Nitrogen, Total (as N) mg/L 4 x Year 1 Grab 00400 pH su Weekly Grab 00665 Phosphorus, Total (as P) mg/L 4 x Year' Grab 70300 Solids, Total Dissolved — 180 °C mg/L 1*10 3 x Year 2 Grab 00530 Solids, Total Suspended mg/L 5 4 x Year' Grab The Permittee shall conduct 4 x Year sampling in March, May, July, and November. The Permittee shall conduct 3 x Year sampling in March, July, and November. Due to the seasonal nutrient uptake variation of the irrigation field vegetation, the Permittee shall follow the monthly average flow limit of 4,120 GPD from May 1st through October 31st Due to the seasonal nutrient uptake variation of the irrigation field vegetation, the Permittee shall follow the monthly average flow limit of 2,740 GPD in April and November. Due to the seasonal nutrient uptake variation of the irrigation field vegetation, the Permittee shall follow the monthly average flow limit of 1,360 GPD from December 1 st through March 31 st WQ0031396 Version 2.0 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Lake Point Properties on Santeetlah, LLC Certification Date: May 6, 2024 Permit Number: WQ0031396 Version: 2.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner Parcel No. County Latitude Longitude Net Dominant AL Parameter Hourly Yearly Units Acreage Soil Series Rate Max 1 Lake Point Properties 564204210005 Graham 35.365400' -83.859117' 0.11 Junaluska-Brasstown — JbE 01284 — Non -Discharge Application Rate 0.12 88.57 inches on Santeetlah, LLC Plant Available Nitogen — Loading — WQ09 - 152 lbs/acre 2 Lake Point Properties 564204210005 Graham 35.365272' -83.858944' 0.11 Junaluska-Brasstown — JbE 01284 — Non -Discharge Application Rate 0.12 88.57 inches on Santeetlah, LLC Plant Available Nitogen — Loading — WQ09 -- 152 lbs/acre 3 Lake Point Properties 564204210005 Graham 35.365158' -83.858819' 0.12 Junaluska-Brasstown — JbE 01284 — Non -Discharge Application Rate 0.12 88.57 inches on Santeetlah, LLC Plant Available Nitogen — Loading — WQ09 152 lbs/acre 4 Lake Point Properties 564204210005 Graham 35.365036' -83.858681' 0.12 Junaluska-Brasstown — JbE 01284 — Non -Discharge Application Rate 0.12 88.57 inches on Santeetlah, LLC Plant Available Nitogen — Loading — WQ09 -- 152 lbs/acre Total: 1 0.46 1. The Permittee shall submit PAN reporting on Form NDMLR. WQ0031396 Version 2.0 Attaclunent B Page 1 of 1 THIS PAGE BLANK ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Lake Point Properties on Santeetlah, LLC Monitoring Wells: MW-I and MW-2 Certification Date: May 6, 2024 Permit Number: WQ0031396 Version: 2.0 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 Asheville Regional Office supervisor, telephone number (828) 296-4500, for further instructions regarding any additional follow-up analyses required. WQ0031396 Version 2.0 Attachment C Page 1 of 2 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Certification Date: May 6, 2024 Lake Point Properties on Santeetlah, LLC Permit Number: WQ0031396 Version: 2.0 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. WQ0031396 Version 2.0 Attachment C Page 2 of 2 STATE OF NORTI I CAROLINA COUNTY OF Graham Permit No, WQ0031396 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into day of .Agri.— 2024 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and L,akc, 1111gipt PrpPcrtie* on Santcctlah, l,t,-c , a corporation/gencral partnership registered/licensed to do business in the State of'North Carolina, hereinafter known as the DEVELOPER. WITN 1:SSFTI1: The DEVELOPER is the owner of ttic certain lands lying in Gratlanl County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Santcctlah Lakeside (hereinafter the Development). The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal lacilitics (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on Said lands. Tic DEVELOPER has applied to the COMMISSION Ior the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and operate the Disposal System. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of'a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of ttic North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the tii e of filing of the Declaration, the Santcctlah Lakeside Owncrs Association LL, Inc. (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of ttic laws of ttic State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of ttic Development is properly constnictcd, maintained and operated in accordance with law and permit provisions in order to protect the quality of ttic waters ofttic State and the public interest therein. NOW, TI I FREFORE, in consideration of ttic promises and ttic benefits to be derived by each of the parties hereto, ttic COMMISSION and DEVELOPER do hereby mutually agree as follows: I. The DEVELOPER shall construct ttic Disposal System in accordancc with the pennit and plans and specifications hereafter issued and approved by ttic COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of ttic Disposal SyStclll to ttic Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of ttic lacilitics. In order to change ttic nanlc of ttic permit holder, ttic DEVELOPER must request that the permit be reissued to the Association. Tlic request must include a copy of ttic Association Bylaws and Declaration. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and illaintenance of its Disposal SyStclll Until a permit has been reissued to the DEV1:1.OPI:It's successor. FORM: DEV 01-20 Pagc I ol'2 4. The DFVFLOPFIt shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part Of' the CO111mon elements and shall thereafter be properly maintained and Operated in conflonility with law and the provisions of' the permit for constniction, operation, repair, and maintenance ol'the SystClll and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal SystClll as a CO111mon clement, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and illsllrallce. 5. The DFVFLOPFIt shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained 011t 01'thC C0111111011 CxpC11SCS. Ill Order t0 assure that there shall be funds readily available to repair, maintain Or COIlstrllCt the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be Created 011t 01'thC C0111111011 CxpC11SCS. Such linld shall be separate from the r011tillC maintenance lipids allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adegUate for the COIlstrllCti011, repair, and ilia iiltenance ol'the Disposal System, the Declaration and Association Bylaws shall provide for special assessments t0 Cover Sl1CI1 necessary Costs. There shall be no limit oil the all1011llt 01'Sl1Ch assessments, and the Declaration and Bylaws shall provide that such special assessments can be Made as necessary at any time. 11' a wastewater collection SystClll and wastewater treatment and/or disposal facility provided by any city, town, village, C011llty, water and sewer authorities, Or other llllit Of government shall hereinafter become available t0 serve the Development, the DFVFLOPFIt shall take Sllch action as is necessary t0 CaUse the existing and Future wastewater Of the Development t0 be accepted and discharged into said governmental system, and shall Convey Or transfer as 111LICI1 01'thC Disposal System and Sl1CI1 necessary casements as the governmental lllllt may regUire as condition Ol' accepting the Developments wastewater. 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 adegUate provision for the Continued proper maintenance, repair and operation ol'its Disposal System, the DFVFLOPFIt 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 ol'a permit. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and S above shall be conditions Ol' ally pennit issued by the COMMISSION to the DFVFLOPFIt for the construction, maintenance, repair and operation ol'the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ics) where the Declaration is filed and in the offices ol'the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNFSS WIIFIU`OF, this agreement was Cxccuted 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: FOIL TI II? 1?NVIRONMI?NTA1, Lake Point Properties on Santeetlah, LLC MANAGI?MFNT COMMISSION Name of DEVELOPER OCUSigned by. BY: rfww, o gcrs, Jr., Director (Sighc) Division of Water Resources Jack Minski, Manager Print Name and 'title 5/6/2024 (Date) 4/9/2024 (Date) FORM: DIN 01-20 Pagc 2 ot'2 Figure 1- Site Map Santeetlah Lakeside WWTP (WQ0031396) SANTEETLAH LAKESIDE LAND USE PLAT LAKESIDE LODGE CONDO / SEWER EXHIBIT TSw 2.04.21 (NOTE: SEE SURVEY FOR LEGAL DESCRIPTION) Sewer Calculations - Santeetlah Lakeside # Br # Units LED Hooked System Capacity Approved Gal/Br #Brs 211r/Unit up ExcessRr Recreational Amenity Re -Use .>v sot i. 4120 29 "sslgme°`y 14 consists of wooded area 'S_2' 24-2 6 6 with two walking trails. C"ndu:lD —arondo,2 2 lD 0 _ 2 Area will be kept in a Total Assigned / Ert Motel 99 29 natural state and the asslgme't 1920 trails kept clean. The n 11 3 sewer irrigation lines will be off the trails and Tutal Assigned/6.t�, 23 l , 1� 1D will not be disturbed. Sum ary We have enough capacityit, the fthe pm tt base dun the gallonage "n the R,U System, plus theunes The area will be have to the Morel System and the"' es with"' site septic. 'asentlycun'ected ed"'the ex<ess<ap-ty available fmm the Motel System indicated by the GCH D andcalculated"' JO GPD, vre vmuld hav utal of 22 additional bed rums, of whl<h12..I—dyhooked uP, gi ving us an e.c ess of 10 addit lbedmums. The appropriate warning above sit, cal<Jatiun puryuses and d"esn"tlnd<ate Me spe<ifi<assigments of fu[ureumts to the spe<ifi<system, signs, as required. Recommend that —hold8 i' reserve assigned for an additional bedmomfur each of lots I5, and 24- 26. That wouldstill leave 2 connections In reserve_ This isaworsecas� scenadu(assuming the GCHD allows whatthey plm d),since— ungl'ally gotaII of the units hooked uptuthe Motel Sys designated as 2-3run11s. SANTEETLAH LAKESIDE RAT 1047_H WASTEWATER TREATMENT PLANT .Z lea' l_ `' ��t•--� A lt�nrcM1 �n ! M j Molt MR ri I SECTION "A" vbi:e�u �nuFrn+ 4.26 AC.±, } 1 Fj LANE BANgE rLAH 4' (TAPQCO Ike } INDIVIDUAL RESIDENTIAL LOUTPARCEL FOR FUTURE DEVELS NOT CONNECTED TO WASTFWATI TREATMENT Et'ANT-' IMF-FZ< �. i� il'�r•� �,r-m� y_ k eb • D ++ rj�' ..; •,+ lam• _ ��� � 9H : Pa.., / �• �rYY y enr"u a A �7 ..tii 1 I3 lib T RECREATIONAL �•_ AMENITY',. (WALKING TRAILS) M. m.ar= F �o 1 T.N�,rs�_a9 ® r= n ot .�` I ' CONDOMINIUM SITE (TEN 2—BR UNITS) Figure 2 - Survey Map Santeetlah Lakeside WWTP (WQ0031396) e, MO � � Flied Tor'u_..:, anon on Vra saws Raphkr of £)soda-�rahnrt r°gie Rd - leke:ne rra4 -- _ <- -s' _ - _ VrcuNly yyi�ayy _ `- �il%,t sanmxlan-.- N Irn9,V aua,ran rl 3aW..ino I. n t"dc�iwnl S�fRr lyykin4 IIA050, u f4wer era,•. yr rd.g9�iw role » Nare[Ydrevfeo: rT_Vl ,_ Sxa lAi m-uency lnrc _. ,ni, W t_ aiaht Dr 4Yrp•Lma Ponce tEil� EOf GV'.Nfry'1 RP4'nr. PIIF Yddr Ewe4 Rr. '.IF; QrCa: Sri ro,n.r„ P a7n^ Counp, OIG"Whwn S!n:c ❑i ;orn �ara�;na, Couny of 6rarram .A -le. 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