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HomeMy WebLinkAboutWQ0018992_Final Permit_20061004O�OF W AT�Q� Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources © C Alan W. Klimek, P.R. Director Division of Water Quality October 4, 2006 Mr. W. Colton Carawan, Property Manager A Place at the Beach -- Atlantic Beach, Inc, Post Office Box 818 Atlantic Beach, North Carolina 28512 Subject: Permit No. WQ0018992 A Place at the Beach — Atlantic Beach, Inc. Southwinds Condominiums Wastewater Treatment and Non -Discharge Infiltration Facilities Carteret County Dear Mr, Carawan: In accordance with your request for permit renewal received January 9, 2006, and subsequent additional information received on April 12, 2006 and September 11, 2006, we are forwarding herewith Permit No. WQ0018992, dated October 4, 2006, to A Place at the Beach — Atlantic Beach, Inc. for the continued operation of the subject wastewater treatment and high rate infiltration facilities. This permit shall be effective from the date of issuance until September 30, 2011, shall void Permit No. WQ0018992 issued November 21, 2001, and shall be subject to the conditions and limitations as specified therein. Please note the addition of new Condition IA and the modification of what is now Condition 111.6. Please note that Condition II.8 of the old permit, requiring the establishment of American Beach Grass in the drip irrigation areas, has now been replaced by Condition I1.7.allowing the establishment of (any) vegetative cover with the prior approval of the Wilmington Regional Office. Please also note that Condition IV. I . requires the timely submission of a site map of the facility. 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 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, please contact David Goodrich at (919) 715-6162. Sincerely ,& /—Alan W. Klimek, P.E. cc: Carteret County Health Department Wilmington Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files LAU Files Nou Carolina �turall� Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6749 Fax (919)715-6048 An Equal dpporiunitylAffirmative Action Employer— 500% Recycled/10% Post Consumer Paper �1 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER TREATMENT AND NON -DISCHARGE DISPOSAL 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 A Place at the Beach — Atlantic Beach, Inc. Carteret County FOR THE continued operation of a 43,200-gallon per day wastewater treatment and non -discharge disposal system to treat and dispose of domestic wastewater generated by the development known as Southwinds Condominiums that is owned by A Place at the Beach — Atlantic Beach, Inc. and is located on the south side of Fort Macon Road in the Town of Atlantic Beach at an approximate latitude and longitude of 34°41'45" and 76°42'12", respectively. The wastewater treatment and non -discharge disposal facilities shall be continue to be operated with no discharge of wastes to the surface waters, pursuant to the renewal application received January 9, 2006, and subsequent additional information received by the Division, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The existing wastewater treatment facilities shall consist of the following minimal components. - one 90-gallon per minute static screen; one manually -cleaned bar screen; one 15,000-gallon aerated flow equalization tank with one two -horsepower blower and two 45-gallon per minute wastewater transfer pumps; one flow splitter box with 30 "V"-notch weirs; two -aeration trains, each with seven 5,000-gallon compartments to provide a minimum of 34 hours of hydraulic detention; two 10-horsepower blowers to fuel a coarse bubble aeration system; two clarifiers, each with 5,000 gallons of useable volume to provide a minimum of 5.5 hours of hydraulic detention and one airlift surface skimming unit; two tertiary filtration units, each with 19.6 square feet of filtration area to provide a loading rate of 0.77 gallons per minute per square foot, one 5,000-gallon clearwell (i.e., combined volume of filter dosing and backwash tank), and one 5,000-gallon mudwell; a tablet chlorination system with contact time to be provided in the dosing tank associated with the non -discharge disposal facilities; one flow measurement device and stilling well to record the volume of wastewater effluent being generated; one 5,000-gallon aerated sludge holding tank (i.e., aeration provided by aeration tank blowers) and one airlift decanting unit, and all associated piping, valves, electrical and instrumentation systems, and other appurtenances required to make complete and functional wastewater treatment facilities. The non -discharge disposal facilities shall consist of the following minimum components: one 3,000-gallon dosing tank with two 48-gallon per minute pumps; a headworks box containing two vortex filters, two manual filter flush valves, and two manual flush valves; approximately 1,021 linear feet of three-inch supply line and 1,121 linear feet of three-inch supply line to send wastewater effluent to Surface Drip Disposal Field No. 1 and Surface Drip Disposal Field No. 2, respectively; one 11,262-square foot high -rate drip irrigation field, divided into two zones (i.e., Surface Drip Disposal Field No. 1 with 5,630 square feet of wetted area and Surface Drip Disposal Field No. 2 with 5,632 square feet of wetted area) with dripper lines, having 1.02-gallon per hour emitters every one foot; approximately 1,047 linear feet of three-inch return line and 1,224 linear feet of three-inch return line to return wastewater effluent not irrigated on Surface Drip Disposal Field No. I and Surface Drip Disposal Field No. 2, respectively, to the equalization tank; and all associated piping, valves, electrical and instrumentation/control systems, and other appurtenances required to make complete and functional non -discharge disposal facilities. In addition to the above -described components, the combined wastewater treatment and non - discharge disposal facilities shall be provided with all-weather access; fencing and other means to restrict access to the facilities' audible and visual alarms for each control panel; an automatically -activated stand- by power generation system, capable of providing stand-by power to the system in the event of a loss of the commercial power supply; and all associated piping, valves, electrical and instrumentation/control systems, and other appurtenances required to make complete and functional wastewater treatment and non -discharge disposal facilities. This permit shall be effective from the date of issuance until September 30, 2011, shall void Permit No. WQ0018992 issued November 21, 2001, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. The wastewater treatment and non -discharge disposal facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of groundwater that 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 reclaimed water, the Permittee shall take immediate corrective actions, including those actions that may be required by the Division of Water Quality (Division), such as the construction of additional or replacement wastewater treatment or non. -discharge disposal facilities. 2. This permit shall become voidable if the soils fail to adequately assimilate the wastewater effluent adequately and may be rescinded unless all of the wastewater treatment and non -discharge disposal facilities are installed, maintained, and operated in a manner which will protect the assigned water quality standards of the surface waters and ground waters. The ponding of wastewater on the surface of the distribution field when the dosing cycle commences shall be considered as evidence of failure of the soils to adequately assimilate the wastewater. Additionally, such failure shall be interpreted as a violation of this permit condition. 3. 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 Division. 4. Adequate measures shall be taken to divert stormwater from the high rate infiltration area and to prevent wastewater runoff. 5. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 6. 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. 7. The following buffers shall be maintained: a. 100 feet between wastewater treatment units and any private or public water supply source; b. 50 feet between wastewater treatment units and any stream, canal, marsh, or coastal water; c. 50 feet between wastewater treatment units and a property line; d. 20 feet between wastewater treatment units and any nitrification field (i.e., except repair areas); and e. 100 foot between wastewater treatment units and any well with the exception of any groundwater monitoring well approved by the Division. The following buffers shall be maintained by the drip irrigation areas of the non -discharge disposal facilities (i.e., except where variances have been granted by the Division): f. 100 feet between wetted areas and any private or public water supply source; g. 200 feet between wetted areas and any stream classified as WS or B; h. 200 feet between wetted areas and any water classified as SA or SB (i.e., at mean high water); i. 200 feet between wetted areas and any other stream, marsh, or coastal water not previously identified in this condition; j. 200 feet between wetted areas and any Class 7 or Class II impounded reservoir used as a source of drinking water (i.e., at normal high water); k. 200 feet between wetted areas and any lake or impoundment; 1. 15 feet between wetted areas and any building foundation; m. 15 feet between wetted areas and any basement; n. 50 feet between wetted areas and any property line; o. 100 feet between wetted areas and any embankment, top of slope, or cut of two feet or more in vertical heights; p. 10 feet between wetted areas and any water line; q. 200 feet between wetted areas and any upslope or downslope interceptor drain or surface water diversion; r. 200 feet between wetted areas and any groundwater lowering and surface drainage ditches, s. 100 feet between wetted areas and any swimming poolb; t. 20 feet between wetted areas and any nitrification field (i.e., except repair areas); u. 100 feet between wetted areas and any well with the exception of any groundwater monitoring well approved by the Division; and v. 50 feet between wetted areas and any public right of ways. Some of the buffers specified above may not have been included in previous permits for this waste treatment and disposal system. These buffers are not intended to prohibit or prevent modifications, which are required by the Division, to improve performance of the existing treatment facility. These buffers do, however, apply to modifications of the treatment and disposal facilities, which are for the purpose of increasing the flow that is tributary to the facility. These buffers do apply to any expansion or modification of the high rate infiltration areas and apply in instances in which the sale of Property would cause any of the buffers now complied with, for the treatment and disposal facilities, to be violated. The applicant is advised that any modifications to the existing facilities will require a permit modification. Surface Drip Disposal Field No. 1 is located immediately east of a retaining wall. A reduced buffer (i.e., as shown on the approved plans) shall be allowed as long as the retaining wall is constructed of concrete or other impervious material so that potential for "breakout" of wastewater effluent is reduced. b Both Surface Drip Disposal Field No. 1 and Surface Drip Disposal Field No. 2 are to be located within the 100-foot buffer of one of the two swimming pools serving A Place at the Beach — Atlantic Beach, Inc. A reduced buffer (i.e., as shown on the approved plans) shall be allowed as long as the Permittee complied with Condition I.8. 8. The wastewater treatment and non -discharge disposal facilities shall continue to be completely fenced such that access by authorized personnel only is permitted. The non -discharge disposal facilities shall be enclosed by, at a minimum, a 0.75-inch nylon rope security fence that is supported by four -inch by four -inch wooden posts set at six-foot intervals. Signs that warn the public about not trespassing beyond the fence line shall be posted at all corners and every 50 feet between the corners. The signs shall be weather-proof, shall be a minimum of eight inches by 11 inches in size, and shall provide, at a minimum, the following information: a. No Trespassing — Authorized Personnel Only! b. Area Contains Wastewater Effluent Drip Irrigation Disposal Fields. C. Permitted Under NCDENR-DWQ Non -Discharge Permit Number WQ0018992. d. For Information, Contact Property Manager at (insert current telephone number). e. For Emergency, Contact System Operator at (insert current telephone number). f. Posted By Southwinds Homeowners Association. 9. A usable green area shall be maintained for wastewater disposal. The green area shall have the capability of accommodating the average daily flow of the facility being served without exceeding the loading rates of the green area. A "green area", as defined in 15A NCAC 2H .0404 (g)(7), is an area suitable for waste disposal, either in its natural state or which has been modified by planting a vegetative cover of grasses or low growing shrubbery. H. OPERATION AND MAINTENANCE REQUIREMENTS The wastewater treatment and non -discharge disposal facilities shall be properly maintained and operated at all times. At a minimum, the following activities shall be performed: a. Screenings removed from the influent wastewater at the facilities shall be properly disposed in a sanitary landfill or by other means that have been approved by the Division. b. Diffusers in the aeration tanks shall be cleaned as needed to ensure that adequate aeration is provided. Chlorine tablets of the kind and type approved by the Division shall be added to the tablet chlorination system as needed to provide proper disinfection to the wastewater effluent generated by the facilities. d. The automatically -activated stand-by power generation system shall be on -site and operational at all times as well as tested under Ioad at regular intervals. 4 2. Upon classification of the wastewater treatment and spray irrigation facilities by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply with all other conditions specified in these rules. During the period from April through October, inclusive, the ORC's five visits each week shall be performed on Monday, Wednesday, Friday, Saturday, and Sunday and shall include State Holiday The application rate on the drip irrigation areas of the non -discharge disposal facilities shall not exceed a rate of four gallons per day per square foot with a cumulative loading not to exceed 2,342 inches over any 12-month period. The emitters of the dripper lines shall be capable of providing an instantaneous application rate not to exceed 0.82 inches per hour (i.e., 1.02 gallons per hour, each affecting a two -square foot wetted area). These maximum application rates shall be applicable to both Surface Drip Disposal Field No. 1 and Surface Drip Disposal Field No. 2. 4. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater, treated or untreated, outside of the high rate infiltration disposal area, which result from the operation of this facility. 5. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. b. No type of wastewater effluent other than that from A Place at the Beach — Atlantic Beach, Inc. shall be applied onto the drip irrigation areas of the non -discharge disposal facilities. 7. . A suitable, year-round vegetative cover, approved in advance by the Wilmington Regional Office, shall be maintained on the drip irrigation areas of the non -discharge disposal facilities. The permittee shall monitor the growth of the vegetation closely to ensure that it does not interfere with infiltration of the irrigated wastewater effluent. The vegetation shall be removed/maintained as necessary, should it be discovered that the vegetation is precluding the proper assimilation of the irrigated wastewater effluent. The drip irrigation lines shall be covered with a layer of mulch approximately six inches thick at all times to protect them from degradation from exposure to sunlight. Adequate measures shall be taken to divert stormwater away from and to prevent wastewater runoff from the drip irrigation areas of the non -discharge disposal system. III. MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e., including groundwater, surface water, soil, or plant tissue analyses) deemed necessary by the Division to ensure surface and ground water protection shall be established and an acceptable sampling reporting schedule shall be followed. 2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form NDMR, The Permittee shall maintain an appropriate flow measurement device consistent with approved engineering and scientific practices to ensure the accuracy and reliability of influent flow measurement. Flow measurement devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of once per year, and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Records of flow measurement device calibration shall be kept on file by the Permittee for a period of at least three years. At a minimum, data to be included in this documentation shall be: a. Date of flow measurement device calibration b. Name of person performing calibration c. Percent from true flow 3. As an indicator of proper operation and maintenance, the wastewater treatment facilities shall produce a wastewater effluent in compliance with the following limitations: Parameter Monthly Average a Daily Maximum c Flow 43,200 GPD BOD5 (5-day, 20°C) 10 mg/1 NH3 as N 4 mg/l TSS 20 mg/l Fecal Coliform 14 per 100 ml b 43 per 100 ml The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. a Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected during the reporting period. b Monthly average for fecal coliform shall be the geometric mean of all samples collected during the reporting period. c 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 into the dosing tank for the following parameters: ParameterSampling Point Sampling Frequency Type of Sample Flow 13OD5 (5-day, 20°C) NH3 as N TSS Fecal Coliform Settleable Matter Residual Chlorine NO3 TDS TOC Chloride PH Influent or Effluent Continuous Recording Effluent *2/Month **Composite Effluent *2/Month **Composite Effluent *2/Month "Composite Effluent *2/Month Grab Effluent Daily Grab Effluent Daily Grab Effluent *Triannually Grab Effluent Triannually Grab Effluent * *Triannually Grab Effluent * * Tri annually Grab Effluent **Triannually Grab 2/Month sampling frequency only during the months of April through October. During the remainder of the year, these parameters shall be monitored monthly. ** Composite samples shall be flow -weighted. *** Triannual sampling shall be conducted during April, August, and December. If Groundwater sampling indicates or predicts problems with compliance to any of the Groundwater Standards, this permit will be modified to include additional and/or more restrictive Iimitations for wastewater effluent parameters. Such modifications may or may not require the design, permitting, and construction of replacement and/or additional wastewater treatment facilities. 4. Three (3) copies of all monitoring data (as specified in Condition 111.2. and II1.3.) on Form NDMR-1 1 and three (3) copies of all operation and disposal records (as specified in Conditions W.5. and 1I1.7.) on Form NDAR-2 shall be submitted on or before the last day of the following month. All information shall be submitted to the following address: 6 NC Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 5. A record shall be maintained of all residuals removed from this facility. The record shall include the name of the hauler, the permit authorizing the disposal or a letter from a municipality agreeing to accept the residuals, the date the residuals were hauled, and the volume of residuals removed. 6. A log of all maintenance activities performed at these facilities shall be kept. This log shall include, but not limited to, the following items: a. Daily sampling results including settleable matter and dissolved oxygen in the aeration basin(s) and at the clarifier weirs; b. Visual observations of the wastewater treatment and non -discharge disposal facilities, including an observation of the vegetative cover area and health, as well as the depth of mulch; c. Record of all preventative maintenance (changing of filters, adjusting belt tensions, alarm testing, diffuser inspections and cleanings, dripper line replacement, etc.); d. Date of calibration of the flow measurement device; e. Date and results of power interruption testing on the automatically -activated stand-by power generation system; f. Date and volume of residuals removed from the wastewater treatment facilities, including the name of the hauling firm as well as a permit authorizing the disposal or a letter from the entity agreeing to accept the residuals; and g. Dates the fields were raked and arms inspected. 7. Adequate records shall be maintained by the Permittee to track the amount of wastewater effluent applied to the drip irrigation areas of the non -discharge disposal system. These records shall include, but shall not necessarily be limited to, the following items: a. Date and time of irrigation; b. Volume of wastewater effluent irrigated; c. Zone or area irrigated; d. Length of time the zone or area is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic loadings in inches per acre for each zone or area; f. Weather conditions; and g. Maintenance and condition of vegetative cover. S. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796- 7215, 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 basin or tank, 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 renders the facility incapable of adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators, compressors, etc.; Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass of all or any portion of the influent to such station or facility; or d. Any time that self -monitoring information indicates that the facility is not in compliance with its permit limitations. 7 Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) 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 Within sixty (60) days of permit issuance, the Permittee shall submit two original copies of a scaled topographic map (i.e., with a scale no greater than one inch equals 100 feet) that has been signed and sealed by a North Carolina -licensed professional engineer or a North Carolina -licensed professional land surveyor and contains all of the following information: a. Location of all components of the non -discharge disposal facilities, b. Latitude and longitude of the established horizontal control monument, c. Location and identity of each groundwater monitoring well, d. Relative elevation (referenced to the elevation of the control monument) of the top of the casing for each groundwater monitoring well (i.e., known as the "measuring point"), e. Depth of water below the measuring point at the time the measuring point is established, f. Location of all property boundaries, and g. Review and compliance boundaries. This survey shall be conducted using approved practices as outlines in the 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 disposal system and determine the latitude and longitude of this horizontal control monument to a horizontal positional accuracy of +/-10 feet. All other features listed above shall be surveyed relative to this horizontal control monument. The positional accuracy of these features shall have a ratio of precision not to exceed an error of closure of one foot per 10,000 feet of perimeter of the survey. Any features located by the radial method shall be located from a minimum of two points. Horizontal control monuments 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 (NAD 83) 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 shall be differentially corrected. The map and any supporting documentation shall be sent to the NCDENR-DWQ, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2. Existing groundwater monitoring wells MW-1, MW-2, and MW-3 shall be sampled every April, August, and December for the following parameters: Ammonia -Nitrogen (NH3-N) pH Chlorides Total Dissolved Solids Fecal CoIiform Water Level Nitrate -Nitrogen (NO3-N) Volatile Organic Compounds (VOCs) in December only, using one of the following methods: (A) Standard Method 6230D (PQL at 0.5 µg/L or less), (B) Standard Method 621 OD (PQL at 0.5 µg/L or less), (C) EPA Method 8021 (Low Concentration, PQL at OS µg/L or less), (D) EPA Method 8260 (Low Concentration, PQL at 0.5 µg/L or less), or (E) Another method with prior approval by the Groundwater Section Chief. Any method used shall meet the following qualifications: (1) The laboratory shall be Division certified to run any method used. (2) The method used shall, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. (3) The method used shall provide a PQL at 0.5 µg/L or less, which shall be supported by laboratory proficiency studies as required by the Division's Laboratory Certification Unit. Any constituents detected above the MDL, but below the PQL at 0.5 µg/L, shall be qualified (estimated) and reported. If any VOCs are detected by the methods listed, then the Wilmington Regional Office Groundwater Supervisor, telephone number (910) 796-7215, shall be contacted immediately for further instructions regarding any additional follow-up analyses required. The results of all initial and follow-up analyses shall be submitted simultaneously. The measurement of water levels shall be made prior to sampling the groundwater for the remaining parameters. The depth to water in each monitoring well shall be measured from the surveyed point on the top of the casing. The results of the sampling and analysis shall be received on the " Groundwater Quality Monitoring: Compliance Report Form" (i.e., GW-59 Form) on or before the last working day of the month following the sampling month at the following address: NCDENR-DWQ Information. Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Updated blank reporting and other forms may be downloaded from the web site for the Division's Aquifer Protection Section at htW://h2o.enr.state.nc.us/aDs/ or requested from the address listed above. The COMPLIANCE BOUNDARY for the non -discharge disposal facilities is specified by regulations in 15A NCAC 2L (i.e., Groundwater Classifications and Standards). The Compliance Boundary for facilities individually permitted after December 31, 1983 is established at either 250 feet from the waste disposal area or 50 feet inside the property boundary, whichever is closer to the surface disposal unit. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action according to 15A NCAC 2L .0106(d)(2). 4. The REVIEW BOUNDARY is established around the disposal facilities midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC .0106(d)(1). 9 Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS 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 maintain 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 to the Division or other permitting authority, upon request. 3. Any duly authorized officer, employee, or representative of the Division 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 leachate. 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 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. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly owned wastewater collection system within 180 days of its availability to the subject facilities, if the subject wastewater treatment or disposal facilities are in noncompliance with the terms and conditions of this non - discharge permit or the governing statutes or regulations. Prior to the initiation of these connection activities, appropriate approval must be received from this Division. 5. The annual administering and compliance fee must be paid by the Permittee within thirty (30) 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 15A NCAC 2H .0205 (c)(4). 6. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143- 215.6C. 7. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittec to all sanctions provided by North Carolina General Statutes 143-215.6A through 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 10 The issuance of this permit does not exempt 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, including but not limited to applicable river buffer rules in 15A NCAC 2B.0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 2H .0500. 9. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of this project. 10. 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 4"' day of October 2006 NORTH CARMNA ENVIRONMENTAL MANAGEMENT COMMISSION ,Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0018992 11 STATE OF NORTH CAROLINA COUNTY OF CARTEPET Permit No. WQ0018992 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this EIG= day of APRIL 2006 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and A Place at the Beach, Inc. d/b/a Southwinds , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as Southwinds (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5, The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. FORM: HOA 09/05 Page 1 of 2 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's successor. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE Alan W. Klimek, P.E., Director Division of Water Quality A Place at the Beach, Inc. d/b/a Southwinds Name of ASSOCIATION Bv: X,�� 3&1 (Signature) r j Print Name and Title Crs-, Z. L FORM: HOA 09/05 Page 2 of 2 A u 16 r CA [r�A '! 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IN FEET 0 2,000 4,000 0 L FIGURE 1 SOU'THWINDS CONDOMIN UMS HOMEOWNERS ASSOCIATION SURFACE DRIP SYSTEM CARTERET COUNTY WQ0018992/GWO0182 SITE LOCATION MAP Scale r � _�; 0 joo 200 ft. APPROX. 2'T rirL LI NGI, SUPPLY LINE I Ip2l f RETURN LINE f 1p�7 I 5) LY LtuE 2 ls21 r RETURN LENS 7 !$24 , FIGURE 2 SOUT14WTNDS CONDOMINrW HOMEOWNERS ASSOCIATION SURFACE DRIP SYSTEM CARTERET COUNTY W 0018932/GW40182 SITE DETAIL MAp