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HomeMy WebLinkAboutWQ0011614_Final Permit_19961122State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Edward M. Gore, Sr., President Ocean Ridge Farms, Inc. 351 Ocean Ridge Parkway Ocean Isle Beach, North Carolina 28469 Dear Mr. Gore: 1: 3EHNFI November 22, 1996 Subject: Permit No. WQ0011614 Ocean Ridge Farms, Inc. Ocean Ridge Plantation Wastewater Spray Irrigation Brunswick County In accordance with your application received October 21, 1996, we are forwarding herewith Permit Number WQ0011614, dated November 22, 1996, to Ocean Ridge Farms, Inc. for the construction and continued operation of the subject wastewater treatment and spray irrigation facilities. This permit is being modified to reflect the addition of 101 homes to the waste collection system. This permit shall be effective from the date of issuance until December 31, 2000, shall void Permit No. WQ0011614 issued February 8, 1996, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Andy Oakley at (91.9) 733-5083 extension 533. Sincerely, Lo A. Presto oward, Jr., E. cc: Brunswick County Health Department Houston & Associates, P.A. Wilmington Regional Office, Water Quality Section Wilmington Regional Office, Groundwater Section Bob Cheek, Groundwater Section, Central Office Training and Certification Unit Facilities Assessment Unit NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH SPRAY IRRIGATION 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 THE Ocean Ridge Farms, Inc. Brunswick County FOR THE construction and continued operation of a 100,000 GPD wastewater collection, treatment, and spray irrigation system with future expansion to 400,000 GPD, consisting of: a wastewater collection system consisting of a pressure sewer collection system consisting of two hundred and fifty-eight (258) 12 GPM pump stations with simplex pumps and high water alarms to serve individual residential units, a 25 GPM pump station with duplex pumps and high water alarms to serve the clubhouse, approximately 14,206 linear feet of 2-inch pressure sewer, approximately 3,531 linear feet of 3-inch pressure sewer, approximately 5,920 linear feet of 4-inch pressure sewer, "approximately 1,155 linear feet of 6-inch pressure sewer, and a 525 GPM influent pump station with duplex pumps, high water alarms, and approximately 7,700 linear feet of 8-inch force main, and a 100,000 GPD wastewater treatment system consisting of a 28,903 gallon flow equalization basin with dual 100 GPM pumps and an 80 CFM blower, a manually cleaned bar screen, flow splitter box, dual 62,500 gallon fine bubble aeration basins with three 290 CFM blowers, dual 13,284 gallon clarifiers, a 22,620 gallon sludge holding tank, dual bed media filters each with 34.5 square feet of surface area, a 1,436 gallon dosing tank with dual 190 GPM pumps, UV disinfection, continuous on-line monitoring and recording for turbidity, continuous on-line monitoring and recording for flow, dual power source, a 500,000 gallon lined five-day detention pond, and a 105 GPM pump station with duplex pumps, high water alarms, and approximately 3,000 linear feet of 4-inch force main to transport the reclaimed water to the storage pond, and a 400,000 reclaimed water reuse system consisting of a 6,500,000 gallon storage pond, a 1,880 GPM pump station with duplex pumps, high water alarms, and approximately 3,540 linear feet of 10-inch force main to transport reclaimed water to the golf course irrigation wet well, and approximately 5,340,000 square feet of spray fields (existing golf course), to serve two hundred: and fifty-eight (258) 3-bedroom residential units and one (1) clubhouse in the Ocean Ridge Plantation, Phase I, with no discharge of wastes to the surface waters, pursuant to the application received October 21, 1996, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until December 31, 2000, shall void Permit No. WQ0011614 issued February 8, 1996, and shall be subject to the following specified conditions and limitations: 1. PERFORMANCE STANDARDS Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. The Wilmington Regional Office, telephone number (910) 395--3900, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in - place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5.00 p.m. on Monday through Friday, excluding State Holidays. 3. The spray irrigation facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters which will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division of Environmental Management, such as the construction of additional or replacement wastewater treatment and disposal facilities. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this facility. 5. The residuals generated from these treatment facilities must be disposed in accordance with General Statute 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. 6. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 7. The following buffers shall be maintained: a) 100 feet between wetted area and water supply wells, b) 100 feet between wetted area and waters classified as SA, c) 100 feet between wastewater treatment units and wells, d) 50 feet between wastewater treatment units and property lines, and e) 25 feet between wetted area and surface waters not classified as SA. 8. Public access to the land application sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. A sign shall be posted in plain sight in the club house showing these activities. 11. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. 2. A suitable vegetative cover shall be maintained on the spray irrigation areas. 3. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause runoff. 4. Adequate measures shall be taken to prevent runoff from the spray field. 2 5. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, 111, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. b. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. 7. The application rate shall not exceed a cumulative loading of 62.4 inches over any twelve (12) month period at an instantaneous application rate not to exceed 0.05 inches per dose. 8. No type of wastewater other than that from Ocean Ridge Plantation and the surrounding area shall be sprayed onto the irrigation area. 9. The Permittee shall provide for the pump station(s) and force main(s) the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in any centralized pump station serving more than one building. b. At least 24 hours of storage capacity above the high water alarm activation Ievel for any simplex pump station serving a single building. c. An air relief valve located at all high points along the force main. d. A screened vent for the wet well. e. Fillets located in the wet well(s) at the intersection of the flooring and sidewalls. f. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained. g. Sufficient devices which will protect the pump station from vandals. h. Flood protection if the pump station is located below the 100-year flood elevation. 10. The permittee shall maintain on hand for immediate installation a supply of spare, fully operational pump units of each type used in the pressure sewer system. The number of pumps on hand shall not be less than 10 percent of the number of installed units or one unit, whichever is greater. 11. Each individual pump station shall be clearly and conspicuously posted with the telephone number of the owner/operator of the pressure sewer system and instructions to call the number in the event of high water alarm activation. 12. All wastewater shall be routed to the five-day holding pond should the limit for fecal coliform (monthly average concentration of 5 per 100 ml) or turbidity (instantaneous maximum of 10 NTU) be exceeded, until such time that the problems associated with the treatment capability of the wastewater treatment plant have been corrected. The wastewater in the five-day holding pond shall be pumped back to the treatment plant for retreatment or treated in the five-day pond prior to discharge to the storage pond. III. MONITORINgLAND REP RTING REQUIREMENTS 1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by the Division of Environmental Management to insure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. As an indicator of proper operation and maintenance, the facility shall produce an effluent in compliance with the following limitations: Parameter Monthly veragea Daily (Instantaneous) Maximumb Flow BOD5 (5-day, 20*Q NH3 as N TSS Fecal Coliform Turbidity 10 mg/1 4 mg/1 5 mg/1 5 per 100 ml 100,000 GPD 15 mg/l 6 mg/i 10 mg/l 10 NTU a Monthly average shall be the arithmetic mean of all samples collected during the reporting period. b Daily maximum shall be the maximum value of all. samples collected during the reporting period. The effluent from the subject facilities shall be monitored, by the Permittee, at the point prior to discharge to the storage pond for the following parameters: Parameter Sampling Point Sampling Frequency Type of Sample Flow Turbidity BOD5 (5-day, 20°C) NH3 as N TSS Fecal Coliform Settleable Matter NO3 TDS TOC Chloride Influent or Effluent Continuous Recording Effluent Continuous Recording Effluent *2/Month Composite Effluent *2/Month Composite Effluent *2/Month Composite Effluent of first pond 2/Month Grab Effluent Daily Grab Effluent * Triannually Grab Effluent * *Triannually Grab Effluent * *Triannually Grab Effluent Triannually Grab The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. * 2/Month sampling frequency only during the months of April through October. During the remainder of the year, these parameters shall be monitored monthly. Triannually sampling shall be conducted during March, July, and November. If Groundwater sampling indicates or predicts problems with the compliance with Groundwater Standards, this permit will be modified to include additional and/or more restrictive limitations. S 3. Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed. These records shall include, but are not necessarily limited to the following information: a. date and time of irrigation, b . volume of reclaimed water irrigated, c, zone irrigated, d. length of time zone is irrigated, e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each zone, f. weather conditions, and g. maintenance of cover crops. 4. Three (3) copies of all operation and disposal records (as specified in condition Ill 3) on Form NDAR-1 shall be submitted on or before the last day of the following month. Three (3) copies of all effluent monitoring data (as specified in condition 1112) on Form NDMR-1 shall be submitted on or before the last day of April, August, and December. All information shall be submitted to the following address: NC Division of Environmental Management Water Quality Section Facility Assessment Unit Post Office Box 29535 Raleigh, NC 27626-0535 A record shall be maintained of all residuals removed from this facility. This record shall include the name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to accept the residuals, date the residuals were hauled, and volume of residuals removed. 6. A maintenance log shall be maintained at this facility including but not limited to the following items: a. Daily sampling results including settleable matter and dissolved oxygen in the aeration basin and at the clarifier weir. b. Visual observations of the plant and plant site. c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing, diffuser inspections and clearings, etc.). d. Date of calibration of flow measurement device and the turbidity meter or particle counter. e. Date and results of power interruption testing on alternate power supply. 7. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 395-3900, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that sell monitoring information indicates that the facility has gone out of compliance with its permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUIREMENTS The eastern portion of the effluent storage pond shall be reconfigured according to Attachment A. This reconfigurement will create two new smaller fresh water ponds just east of the effluent storage pond. 2. Within 90 days of permit issuance, three (3) new monitoring wells shall be installed and named MW-1, MW-2, and MW-3. These wells shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year. The three monitoring wells shall monitor around the effluent storage pond. MW-1 shall be an up -gradient well, whose exact location will be specified and approved by the Wilmington Regional Groundwater Section. MW-2 and MW-3 shall be down -gradient wells, with the general location for each well, marked on Attachment A. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 2C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. 4. The three monitoring wells shall be constructed such that the well screens do not exceed 10 feet in length, and shall be placed below the organic soil layer (Bh horizon). The exact construction details shall be given by the Wilmington Regional Groundwater Section. 5. The Wilmington Groundwater Supervisor at the Wilmington Regional Office, telephone number (910) 395-3900, shall be notified at least forty-eight (48) hours prior to the construction of any monitoring well so that an inspection can be made of the monitoring well location. Such notification to the regional groundwater supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding state holidays. 6. Within sixty (60) days of completion of all monitoring wells, the permittee shall submit two original copies of a scaled topographic map (scale no greater than V:100') signed and sealed by a professional engineer or a state licensed land surveyor that indicates all of the following information: a. the location and identity of each monitoring well, b. the location of the waste disposal system, c. the location of all property boundaries, d . the latitude and longitude of the established horizontal control monument, e. the relative elevation of the top of the well casing (which shall be known as the "measuring point"), and f. the depth of water below the measuring point at the time the measuring point is established. The survey shall be conducted using approved practices outlined in North Carolina General Statutes Chapter 89C and the North Carolina Administrative Code Title 21, Chapter 56. The surveyor shall establish a horizontal control monument on the property of the waste disposal system and determine the latitude and longitude of this horizontal control monument to a horizontal positional accuracy of +1- 10 feet. All other features listed in a. through e. above shall be surveyed relative to this horizontal control monument. The positional accuracy of features listed in a. through e. above shall have a ratio of precision not to exceed an error of closure of 1 foot per 10,000 feet of perimeter of the survey. Any features located by the radial method will be located from a minimum of two points. Horizontal control monument shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities that may take place on the property. The map shall also be surveyed using the North American Datum of 1983 coordinate system and shall indicate the datum on the map. All bearings or azimuths shall be based on either the true or NAD 83 grid meridian. If a Global Positioning System (GPS) is used to determine the latitude and longitude of the horizontal control monument, a GPS receiver that has the capability to perform differential GPS shall be used and all data collected by the GPS receiver will be differentially corrected. The maps and any supporting documentation shall be sent to the Groundwater Section, N.C, Division of Environmental Management P.O. Box 29578 Raleigh, N.C. 27626- 0578. 7. Within thirty (30) days of completion of all well construction activities, a certification must be received from a professional engineer certifying that the monitoring wells are located and constructed in accordance with the Well Construction Standards (15A NCAC 2C) and this permit. This certification should be submitted with copies of the Well Completion Form (GW-1) for each well. Mail this certification and the associated GW-1 forms to the Permits and Compliance Unit, Groundwater Section, P.O. Sox 29578, Raleigh, NC, 27626-0578. 8. Monitor wells MW-1, MW-2, and MW-3 shall be sampled initially'after construction for the following parameters: Water Level PH Fecal Coliforms Total Dissolved Solids (TDS) Total Organic Carbon (TOC) Chloride Nitrate (NO3-N) Ammonia Nitrogen (NH3-N) Total Phosphorous Method 6230D (Capillary - Column), "Standard Methods For The Examination of Water and Wastewater", 17th ed., 1989 If any volatile organic compounds are detected by Method 6230D, then the Wilnungton Regional Office Groundwater Supervisor, telephone number (910) 395-3900, must be contacted immediately for further instructions regarding any additional follow-up analyses required, The results of all initial and follow-up analyses must be submitted simultaneously. The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. 7 0 ON For the initial sampling of the wells MWA, MW-2, and MW-3, the permittee shall submit a copy of the GW-1 Form (Well Completion Form) with the Compliance Monitoring Form (GW-59) for that well. Compliance Monitoring Forms that do not include copies of the GW-1 form will be returned to the permittee without being processed. Failure to submit these forms as required by this permit may result in the initiation of enforcement activities pursuant to NC General Statutes 143-215.6. The results of the sampling and analysis (registered on Compliance Monitoring Report Form GW-59) and GW-1 Well Completion Forms shall be sent to the Groundwater Section, Permits and Compliance Unit, P.O. Box 29578 Raleigh, N.C. 27626-0578. Monitor wells MW-1, MW-2, and MW-3 shall be sampled every March, July, and November for the following parameters: Water Level pH Fecal Coliforms Total Dissolved Solids (TDS) Total Organic Carbon (TOC) Chloride Nitrate (NO3-N) Ammonia Nitrogen (NH3-N) Total Phosphorous Method 6230D (Capillary - Column), "Standard Methods For The Examination of Water and Wastewater", 17th ed., 1989 If TOC concentrations greater than 10 mg/l are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. If any volatile organic compounds are detected by Method 6230D, then the Wilmington Regional Office Groundwater Supervisor, telephone number (910) 395-3900, must be contacted immediately for further instructions regarding any additional follow-up analyses required. The results of all initial and follow-up analyses must be submitted simultaneously. The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The results of the sampling and analysis shall be sent to the Groundwater Section, Permits and Compliance Unit, P.O. Box 29578 Raleigh, N.C. 27626-0578 on Form GW-59 (Compliance Monitoring Report Form) within thirty days of sample collection. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. M 11. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(1). In accordance with ISA NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area, Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee. V . INSPECTIONS l . Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of three years from the date of the inspection and shall be made available upon request to the Division of Environmental Management or other permitting authority. 3. Any duly authorized officer, employee, or representative of the Division of Environmental Management may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the disposal site or facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of groundwater, surface water, or ieachate. VI. GENERAL CONDITIONS This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 4. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 6. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of the project. 7. The annual administering and compliance fee must be paid by the Permittee within thirty days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4). 8. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Permit issued this the 22th of November, 1996 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Hvard, Jr., P.E., Dftctor Division of Ehyironmental Management / { By Authority of the Environmental. Management Commission Permit Number WQ0011614 I () Permit No. WQ0011614 November 22, 1996 ENGINEER'S CERT ICAT I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Project Name Location for the Pernuttee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 11 STATE OF NORTH CAROLINA COUNTY OF BRUNSinTICK Permit No. �. This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 30th day of AUGUST ,19 96 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and OCEAN BRIDGE FARgS, INC. _ , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER WITNESSETH: The DEVELOPER is the owner of the certain lands lying in B'RrN'CWT(1W County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as OCEAN RIDGE PLANTATION ' (hereinafter the Development). 2. T!1: DEt",-.,_."PER desires, tv construct a - %G;x collection system with pumps, wastewater tzeaunem works and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3 . The D E VTLOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. 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 the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Mnit Owners As.�ia don) OCEAN RIDGE MASTER ASSOCIATION,_TNC__ , (here .: Smr i,.ssociatioti) a non-profit corporation organized and existing under and by the virtue of the laves of the 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 :he lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and ass.ssments to piDvide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constnlcted., maintained and operated in accordance with law and permit provisions in order to protect the quality or 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 pares hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct 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 A accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER 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 reissuexi to the DEVELOPER's successor. 1,400 copies of this document were printed at a cost of $40.46, or $0.029 per copy. _ w7 4. The DEVELOPER 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, colkxtion 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. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will 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 s-pirate from the routine maintenance 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 adequate for the construction, repair, and m ,;.itenarnce 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 provide that such special assessments can be made as necessary at any time. 7. - 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 DEVELOPER shall take such action as is necessary to cause the existing and fixture 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. 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 DEVELOPER 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 onother entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and S above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(its) 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 WTrNESS WHEREOF, this agreement was executr-,d in duplicate originals by the duly authorized representative of the parties hereto on the day and year w itten as indicate by each of the pa -ties na ned below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION c C A. Preston Hprward, Jr., P.E. Director Division of nmental Management (Dam) OCAN RIDGE FARMS, INC. Name of veloper/Company *7 Si EDWARD M. CORE, SR., PRESIDENT Print Name and Title (Date)