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WQ0038695_Capacity Letter_20241001
ROY COOPER Governor MARY PENNY KELLEY Secretary RICHARD E. ROGERS, JR. Director Ms. Cathleen Saunders, P.E. WithersRavenel 115 MacKenan Drive Cary, North Carolina 27511 RE: Wastewater Service NORTH CAROLINA Environmental Quality October 1, 2024 H2OBX RV Park Powells Point - Currituck County Dear Ms. Saunders: H2OBX, LLC holds permit Number WQ0038695 allowing for the continued operation of the H2OBX Waterpark wastewater treatment and disposal system. The subject treatment system permit is in effect through June 30, 2029 and can be renewed and reissued. At this time, there are no significant compliance issues related to the operation of the H2OBX Waterpark wastewater facility. As such, wastewater management needs generated through the planned H2OBX RV Park project have potential to be served through the H2OBX Waterpark wastewater system based on a cursory review of available information and projected design flows. Please note that the above position is based on a preliminary review of the H2OBX Waterpark's operational status for the wastewater system. A final determination regarding the feasibility of directing flow from the subject project to the subject receiving facility would not be made until review of a sewer extension permit application package is performed. All conditions and requirements for issuance of a sewer system extension permit must be satisfied to enable approval of such permit. No part of a sewer collection system shall be constructed without first obtaining required permits. This letter does not commit or obligate H2OBX, LLC to provide sewer service for the subject project, nor does it obligate the Division of Water Resources to issue related sewer system permits for the project. Please note that the Division of Water Resources has not reviewed the layout and design of the RV Park itself to ensure conformity with 15A NCAC 2T set -back requirements to the high -rate infiltration system and WWTP structures and components. Please ensure the overall RV Park layout does not conflict with set -back requirements related to the facility's wastewater system and permit. A copy of the H2OBX Waterpark's wastewater system permit is attached for reference. D � North Carolina Department of Environmental Quality I Division of Water Resources NORrH awouw. Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 nRP&Of E^"ro^^ ZIKV 252.946.6481 Should you have any questions concerning this matter, please contact me at 252-948- 3939 or at david.ma a,ncdenr.gov. Sincerely, vxa " David May, L.G., Supervisor Water Quality Regional Operations Section Division of Water Resources Washington Regional Office Attachment: H2OBX Waterpark WWTP Permit (No. WQ0038695) cc: H20BX, LLC Currituck County — Planning and Inspections Department D ��� North Carolina Department of Environmental Quality I Division of Water Resources NomH%ANOL�NA Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 nn.r" [HFwro^^rc^w' r\ �� 252.946.6481 R.OY COOPER (";overrmor ELIZABETH S. FIBER Sec,rerera.t. RICH RD E. ROGER.S, jR, Direcicta.. KENNETH ELLIS — MANAGING MEMBER H2OBX, LLC 1 EAST RIDGE ROAD LOUNDONVILLE, NEW YORK 12211 Dear Mr. Ellis: ! nvirorrrrertaatal Quality August 15, 2022 Subject: PermitNo. WQ0038695 H2OBX Waterpark WWTP High -Rate Infiltration System Currituck County In accordance with your permit change of ownership request received February 3, 2022, and subsequent additional information received May 20, 2022, we are forwarding herewith Permit No. WQ0038695 dated August 15, 2022, to H2OBX, LLC for the continued operation of the subject Phase 1 wastewater treatment and high -rate infiltration facilities and the construction and operation of the subject Phase 2 high -rate infiltration facilities. The following modifications to the subject permit are as follows: The Permittee has been changed from OBX Waterpark Adventure, LLC to H2OBX, LLC. This permit shall be effective from the date of issuance through June 30, 2029, shall replace Permit No. WQ0038695 issued February 24, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than January 1, 2029. Please pay attention to the monitoring requirements listed Attachments A, B, and C they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit conditions since the last permit issuance dated February 24, 2017: ➢ Old Condition L3 — This condition has been met. ➢ Old Condition L4 — This condition has been met. ➢ Old Condition L5 — This condition has been met. ➢ Old Condition L7 — This condition is no longer required. ➢ Old Condition IL6 —This condition has been removed as the green area requirements have been repealed. ➢ Old Condition VL2 — This condition has been removed as permits are not voidable. North Cambia Dep artment of Lnaurcanmentat Qarality I Div9siern oFWarer Resr errrceS � 512 "North Salfrsbf rry Street I iou MaH Service C,enter� I 10169h„ North (:orohna 27699 Ir51 J Il i3f I `Ali !a�BrroMuvonnt �u4 FrwunWudi+s�➢a0'm94VUFmiIM, 9'19.70Z9000 Mr. Kenneth Ellis August 15, 2022 Page 2 of 3 The following permit conditions are new since the last permit issuance dated February 24, 2017: ➢ Condition L3 — This condition requires a gauge to monitor waste levels in the groundwater lowering system effluent storage pond be installed within 60 days of the effective date of this permit. ➢ Condition IL6 — This condition requires that the attached Operational Agreement be a condition of this permit. ➢ Condition IIL12 — This condition requires that the freeboard in the groundwater lowering system effluent storage pond shall not be less than two feet at any time. ➢ Condition II1.13 — This condition requires a gauge to monitor waste levels in the groundwater lowering system effluent storage pond be provided. ➢ Condition IIL15 — This condition requires metering equipment be tested and calibrated annually. ➢ Condition IV.5.d — This condition has been revised to include additional recording requirements. ➢ Condition IV.6 — This condition requires that the freeboard in the groundwater lowering system effluent storage pond be recorded weekly. ➢ Condition IV.7 — This condition has been revised to include additional reporting requirements. ➢ Condition IV.9.b — This condition has been revised to include the date of infiltration equipment calibration as a required entry in the maintenance log. ➢ Condition VL3 — This condition states that there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. Mr. Kenneth Ellis August 15, 2022 Page 3 of 3 If you need additional information concerning this permit, please contact Lauren Raup-Plummer at (919) 707-3660 or Lauren.Plummer(a)ncdenr.gov. Sincerely, 011 "Richard E. Rogers, Jr., Director Division of Water Resources cc: Currituck County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Nadeen Dashti, E.I. — Quible & Associates, P.C. (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH HIGH -RATE INFILTRATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO H2OBX, LLC Currituck County FOR THE operation of a 60,000 gallon per day (GPD) wastewater treatment and high -rate infiltration facility consisting of the: construction/expansion and operation of a 250,000 GPD high -rate infiltration system (Phase 2) consisting of. two 1.32 acre (2.64 total acres) high -rate infiltration basins, each including 54 spray irrigation heads at 30 feet on centers each with wetted diameter of 34 feet and an operating flow of 7.48 gallons per minute (GPM); flow to each of the infiltration basins controlled by a valve vault incorporating two electronically - actuated butterfly valves; and all associated piping, valves, controls, and appurtenances; the construction/expansion and operation of a 558,756 GPD groundwater lowering system (Phase 2) consisting of. 2,267 linear feet (LF) of 10-inch HDPE CPP underdrain pipe that discharges to a groundwater lowering system effluent storage pond (also referred to as a settling/mixing basin); and all associated piping, valves, controls, and appurtenances; the continued operation of a 60,000 GPD wastewater treatment facility (Phase 1) consisting of. a manual bar screen (3/4-inch spacing) with drying rack; a 21,524 gallon mudwell and flow equalization tank with two 165 GPM equalization/sludge return pumps; a 45,239 gallon (anoxic volume), 10,000 gallon (feed/working volume) anoxic tank with two 220 GPM main reactor feed pumps; two 10,596 gallon main Amphidrome membrane bioreactors (MBR), each with a tank surface area of 142.5 square feet (ft') (89 gallons per inch); two variable capacity process air blowers; a 17,358 gallon clear well with four 427.5 GPM backwash pumps and two 92 GPM secondary reactor feed pumps; a 3,808 gallon secondary reactor (MBR) with a tank surface area of 26 ft' (22.4 gallons per inch): a 6,000 gallon clear well with two 202 GPM dosing pumps and a 216 GPM polishing reactor backwash pump; two 4 gallon per hour (GPH) carbon feed pumps; two 1 GPH alum feed pumps; two 1 GPH alkalinity feed pumps; a 202 GPM Aqua Azul ultraviolet (UV) disinfection system; an effluent flow meter; an auxiliary generator; and all associated piping, valves, controls, and appurtenances; the continued operation of a 60,000 GPD high -rate infiltration system (Phase 1) consisting of. a 0.57 acre high - rate infiltration basin with 27 spray irrigation heads at 30 feet on centers each with a wetted diameter of 34 feet and an operating flow of 7.48 GPM; and all associated piping, valves, controls, and appurtenances; and the WQ0038695 Version 1.1 Shell Version 200201 Page 1 of 11 continued operation of a 327,930 GPD groundwater lowering system (Phase 1) consisting of. 1,379 LF of 10-inch HDPE CPP underdrain pipe that discharges to a groundwater lowering system effluent storage pond (also referred to as a settling/mixing basin); and all associated piping, valves, controls, and appurtenances to serve the H2OBX Waterpark WWTP, with no discharge of wastes to surface waters, pursuant to the application received February 3, 2022, subsequent additional information received May 20, 2022, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through June 30, 2029, shall replace Permit No. WQ0038695 issued February 24, 2017, and shall be subject to the following conditions and limitations: I. SCHEDULES Upon completion of construction and prior to operation of Phase 2 of this permitted facility, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Discharge.Reports(a)ncdenr.gov. [15A NCAC 02T .0116(a)] 2. The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, at least two business days in advance of initial operation of the constructed Phase 2 facilities so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] A gauge to monitor waste levels in the groundwater lowering system effluent storage pond (i.e., settling/mixing basin) shall be installed within 60 days of the effective date of this permit. Caution shall betaken not to damage the integrity of any liner (if present) when installing a gauge. [15A NCAC 02T .0108(b)(1)(B), 02T .0705(c)] 4. The Permittee shall request renewal of this permit on Division -approved forms no later than January 1, 2029. [15A NCAC o2T .0105(b), o2T .0109] IL PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the infiltration areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0705(b)] 5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m)] WQ0038695 Version 1.1 Shell Version 200201 Page 2 of 11 6. The attached Operational Agreement shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions under G.S. 143-215.6A, G.S. 143-215.6B, and G.S. 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115] 7. High -rate infiltration sites permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the infiltration area, or 50 feet within the property boundary, whichever is closest to the infiltration area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143- 215.1(1), G.S. 143-215.1(k)] The review boundary is midway between the compliance boundary and the infiltration area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC o2L .0106(d)(1), o2L .0108] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(c)] 10. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 11. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Currituck County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] WQ0038695 Version 1.1 Shell Version 200201 Page 3 of 11 12. The facilities herein were permitted per the following setbacks: a. The infiltration sites were originally permitted February 24, 2017. The setbacks for infiltration sites originally permitted or modified from September 1, 2006 to August 31, 2018 are as follows (all distances in feet): I. Each habitable residence or place of assembly under separate ownership: 400 ii. Each habitable residence or place of assembly owned by the Permittee: 200 iii. Each private or public water supply source: 100 iv. Non -SA surface waters: 50 3 v. SA surface waters 1001 vi. Groundwater lowering ditches: 50 3 vii. Surface water diversions: 50 viii. Each well with exception of monitoring wells: 100 ix. Each property line: 200 x. Top of slope of embankments or cuts of two feet or more in vertical height: 100 xi. Each water line: 10 xii. Subsurface groundwater lowering drainage systems: 50 3 xiii. Each swimming pool: 100 xiv. Public right of way: 50 xv. Nitrification field: 20 xvi. Each building foundation or basement: 15 xvii. Each impounded public surface water supply: 500 xviii. Each public shallow ground water supply (less than 50 feet deep): 500 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 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. 3 Setbacks to non -SA surface waters, groundwater lowering ditches, and subsurface groundwater lowering drainage systems have been reduced from 200 to 50 feet, and setbacks to SA surface waters have been reduced from 200 to 100 feet because the treatment units are designed to meet a Total Nitrogen of 4 mg/L and a Total Phosphorus of 2 mg/L. [15A NCAC 02T .0706(a), 02T .0706(c), 02T .0706(f), 02T .0706(g)] WQ0038695 Version 1.1 Shell Version 200201 Page 4 of 11 b. The storage and treatment units were originally permitted February 24, 2017. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 to August 31, 2018 are as follows (all distances in feet): I. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each 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 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 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. [I5A NCAC 02T .0706(d), 02T .0706(f), 02T .0706(g)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0700] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0707(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. The Permittee shall take measures to prevent effluent ponding in or runoff from the infiltration sites listed in Attachment B. [15A NCAC 02T .0707(c)] 5. Infiltration equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0707(d)] 6. Only treated effluent from the H2OBX Waterpark WWTP shall be infiltrated on the sites listed in Attachment B. [15A NCAC 02T .0701] 7. The Permittee shall not allow vehicles or heavy machinery on the infiltration area, except during equipment installation or maintenance activities. [15A NCAC 02T .0707(e)] 8. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration facilities. [15A NCAC 02T .0705(p)] 9. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .0708, 02T .I100]. 10. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0705(i)] 11. The Permittee shall provide a water -tight seal on all treatment and storage units, or provide two feet protection from the 100-year flood plain elevation. [15A NCAC 02T .0705(l)] WQ0038695 Version 1.1 Shell Version 200201 Page 5 of 11 12. Freeboard in the groundwater lowering system effluent storage pond (i.e., settling/mixing basin) shall not be less than two feet at anytime. [15A NCAC 02T .0705(c)] 13. A gauge to monitor waste levels in the groundwater lowering system effluent storage pond (i.e., settling/mixing basin) shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0707(f)] 14. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0707(g)] 15. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d)] 16. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [15A NCAC 02T .0705(k)] 17. The infiltration areas shall be cleaned at least once per permit cycle to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained at the facility for five years, and shall be made available to the Division upon request. The Washington Regional Office, telephone number (252) 946-6481, shall be notified prior to each cleaning. [15A NCAC 02T .0707(h)] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of effluent infiltrated. These records shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration; b. Volume of effluent infiltrated; c. Site infiltrated; d. Length of time site is infiltrated; e. Loading rates to each infiltration site listed in Attachment B; and f. Weather conditions. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the groundwater lowering system effluent storage pond (i.e., settling/mixing basin) shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] WQ0038695 Version 1.1 Shell Version 200201 Page 6 of 11 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(l)] The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0708(b)] 9. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of infiltration equipment calibration; c. Date and results of power interruption testing on alternate power supply; d. Visual observations of the plant and plant site; and e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0707(i)] 10. Monitoring wells MW-I, MW-2, MW-3, and MW-4 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figures 1 and 2. [15A NCAC 02T .0105(m)] 11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] WQ0038695 Version 1.1 Shell Version 200201 Page 7 of 11 12. Noncompliance Notification: The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the infiltration sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Washington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and infiltration facilities. [15A NCAC 02T .0707(j)] 2. The Permittee shall inspect the wastewater treatment and infiltration facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0707(1), 02T .0707(i)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and infiltration facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] WQ0038695 Version 1.1 Shell Version 200201 Page 8 of 11 VL GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .0105(j)] 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] WQ0038695 Version 1.1 Shell Version 200201 Page 9 of 11 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 15th day of August 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION I Richard E. Rogers, Jr., Director � Division of Water Resources By Authority of the Environmental Manag went Commission Permit Number WQ0038695 WQ0038695 Version 1.1 Shell Version 200201 Page 10 of 11 Permit No. WQ0038695 H2OBX, LLC H2OBX Waterpark WWTP ENGINEERING CERTIFICATION ❑ Partial ❑ Final High -Rate Infiltration System August 15, 2022 Currituck County I, , as a duly licensed North Carolina Professional Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and specifications. Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the attached as -built drawings. Description of variations: THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON -DISCHARGE BRANCH By U.S. Postal Service By Courier/Special Delivery 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 WQ0038695 Version 1.1 Shell Version 200201 Page 11 of 11 H H a �' Y ie ie � ie o ie ie ie ie � ie ie ie A H A a w � o w GA O 4. 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