HomeMy WebLinkAboutWQ0019100_Final Permit_20040422O�0 W A rE
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MichaelF. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 22, 2004
WARREN G. BAILEY —DIRECTOR
HOLDEN BEACH TENANT OWNER'S ASSOCIATION OF BRUNSWICK COUNTY, INC.
405-D WESTERN BOULEVARD
JACKSONVILLE, NORTH CAROLINA 28540
Subject: Permit No. WQ0019100
Holden Beach Food Lion Shopping Center
Wastewater Surface Irrigation
Brunswick County
Dear Mr. Bailey:
In accordance with your modification request received December 31, 2003, and subsequent additional
information received March 4, 2004 and April 20, 2004, we are forwarding herewith Permit No. WQ0019100,
dated April 22, 2004, to Holden Beach Tenant Owner's Association of Brunswick County, Inc. for the
construction and operation of the subject wastewater treatment and surface irrigation facilities.
This permit shall be effective from the date of issuance until December 31, 2007, shall void Permit No.
WQ0019100 issued January 27, 2003, 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. Please note Condition I(3), which requires an annual Letter of Credit.
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.
One set of approved plans is being forwarded to you. If you need additional information concerning this
matter, please contact Nathaniel Thornburg at (919) 733-5083 extension 533.
Sincer
,Alan W. Klime/k,P. E
cc: Brunswick County Health Department
Wilmington Regional Office, Water Quality Section
Wilmington Regional Office, Groundwater Section
Groundwater Section, Central Office
Chuck Donnell, PE — The Rose Group
Technical Assistance and Certification Unit
Water Quality Central Files
NDPU Files
Non -Discharge permitting Unit Internet http://h2o.enr.state.nc.us/ndpii r aE_R
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048
DENR Customer Service Center Telephone 1 800 623-7748
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE 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
Holden Beach Tenant Owner's Association of Brunswick County, Inc.
Brunswick County
FOR THE
construction and operation of a 15,000 gallon per day (GPD) surface irrigation treatment and disposal facility
consisting of a 1,000 gallon grease trap, a 4,000 gallon grease trap, two 8,000 gallon septic tanks with outlet
filters, a 4,000 gallon concrete pump tank with dual 1.5 horsepower (HP) pumps and flow splitter valving, an
approximately 59 feet by 59 feet synthetically -lined ReCipTM Constructed Wetland divided into four equal cells, a
4,000 gallon ReCipT"" pump tank with eight (8) 1.5 HP pumps, a 4,000 gallon irrigation pump tank, an
approximately 60 feet by 80 feet by 6.25 feet synthetically -lined storage pond, dual 1HP irrigation pumps, three
140 micron disc -type filters, flow meter, dual 60 gallon per minute (gpm) ultraviolet light disinfection units, an
irrigation rain sensor to eliminate dosing pumps during inclement weather, four drip irrigation zones (sub -zones
I -A, 1-B, 2-A and 2-B) each approximately 48 feet by 132 feet, an automatically activated standby power source,
and all pipes, valves, controls, and appurtenances as necessary to serve a grocery store with food service, three (3)
restaurants and additional retail space at the Holden Beach Food Lion Shopping Center, with no discharge of
wastes to the surface waters, pursuant to the application received December 31, 2003, 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.
This permit shall be effective from the date of issuance until December 31, 2007, shall void Permit No.
WQ0019100 issued January 27, 2003, and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. 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. If
this project is -to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. Mail the Certification to the Non -Discharge
Permitting Unit, Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617.
2. 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.
This permit is valid on condition that an $85,000 Letter of Credit is maintained as established by the
Permittee. The Letter of Credit shall be renewed annually to the level of $85,000 provided that this
permit is in place. Upon failure to renew the Letter of Credit, the Permittee shall close all businesses
within sixty (60) days of Division notification. Prior to January 31", the annual letter of credit shall
be submitted to the following addresses:
Water Quality Regional Supervisor
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-2845
Non -Discharge Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
4. The bylaws of the tenant owner's association shall be maintained to include clear notification of
ramifications for failure to maintain compliance with this permit and specifically with Condition 1.3.
5. In the case of failure of the wastewater treatment system to adequately treat or assimilate the
wastewater, the Pem-ittee shall take immediate corrective actions including those actions that may be
required by the Division of Water Quality (Division). Actions may include, but may not be limited
to, the construction of additional or replacement wastewater treatment and disposal facilities,
including additional storage facilities, or discontinuing operation of the shopping center. The
Division shall not issue a Pump and Haul Permit for this facility unless actions are clearly underway
to correct problems.
6. Prior to operation of the subject wastewater treatment and disposal system the Permittee shall develop
an operational and maintenance (O&M) plan for the systern. A copy of the O&M plan shall be
submitted to the Wilmington Regional Supervisor, Division of Water Quality, 127 Cardinal Drive
Extension, Wilmington NC 28405-3845. The plan shall include, but shall not be limited to, the
following components:
a. Construction Record drawings.
b. A detailed description of the wastewater treatment and disposal system.
c. Warranty information for all installed equipment and each major component.
d. Inventory, functional descriptions, and complete operating instructions for all installed equipment
and each major component.
e. Instructions for start-up/shut-down as well as for calibration and adjustment of all installed
equipment and each major component.
f. Recommended maintenance management system, including preventative and predictive
maintenance, for all installed equipment and each major component.
g. Contact information for local service companies as well as instructions for replacement of all
installed equipment and each major component.
h. Contact information for local contractors capable of performing emergency repairs.
i. Contact information for regulatory and other agencies.
j. A list of routine dailylweekly/monthly/annual operation and maintenance items for the facility.
7. The surface 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 Water Quality (Division), such as the construction of additional or
replacement wastewater treatment and disposal facilities.
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S_ 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.
9. 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.
10. Diversion or bypassing of any untreated wastewater from the treatment facilities is prohibited.
11. The following buffers shall be maintained:
a) 100 feet between wetted area and any residence or places of public assembly under separate
ownership,
b) 50 feet between wetted area and property lines,
c) 100 feet between wetted area and wells,
d) 50 feet between wetted area and drainage ways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between wastewater treatment units and wells, and
g) 50 feet between wastewater treatment units and property lines.
The Division has granted a variance to 15A NCAC 2H .02190)(5)(M)(ii)(II) to allow for the location
of the drip irrigation fields within 10 feet of a storm: water drain. Note that the variance is only
approved as long as the following conditions are met.
■ The land surface of the disposal fields slope away from the storm drain.
■ Riprap is to be placed along the slope adjacent to the curb of storm drainlpavement area.
■ The storm drain is to be constructed of Ductile Iron Pipe with mechanical joints for
approximately 192 feet where it is adjacent to the disposal fields, between catch basins 1 and 3.
12. A leakage test shall be performed on all tanks to ,insure that any exfiltration occurs at a rate that does
not exceed twenty (20) gallons per twenty-four (24) hours per 1,000 gallons of tank capacity. The
engineer's certification will serve as proof of compliance with this condition.
13. If excavation into bedrock is required for the installation of the any septic tanks or sand filters, the pit
shall be lined with a 10 mil synthetic liner.
14. A sanitary tee and filter shall be installed on the effluent pipe of all septic tanks. The Engineer's
Certification will serve as evidence that these specifications have been met.
15. The disposal system shall be connected to a rain or moisture sensor that shall indicate when
wastewater application is not appropriate in accordance with Condition 11(4) of this permit.
16. An automatically activated standby power source 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.
17. The wetland cells, storage pond and irrigation fields shall be completely restricted from public access
by a six foot high chain link fence.
18. Grease traps shall be required for all tenants with food service and all grocery tenants. Grease traps
will be installed and maintained by Holden Beach Tenant Owner's Association of Brunswick County,
Inc. and they shall be responsible for any problems with the wastewater treatment and spray irrigation
system that are a direct result of improper grease trap maintenance. Grease traps shall be properly
pumped out at a minimum of monthly or as determined needed by the Operator in Responsible
Charge or the Division.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the wastewater treatment and 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.
3. A suitable year round vegetative cover shall be maintained on all irrigation fields.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause runoff.
5. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field.
G. 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 347 inches over any twelve (12) month
period at an instantaneous application rate not to exceed 3 inches per hour.
8. No type of wastewater other than that from Holden Beach Food Lion Shopping Center shall be
irrigated onto the irrigation area. No waste shall be introduced into the system that shall cause
inhibition, interference or pass -through of the wastewater treatment and disposal system
9. No traffic or equipment shall be allowed on the irrigation area except while installation occurs or
while normal maintenance is being performed.
10. 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.
11. Freeboard in the wetland cells and storage pond shall not be less than two feet at any time.
12. A waste -level gauge to monitor waste levels shall be installed in the ReCipT"' and storage ponds. The
gauge(s) shall have readily visible permanent markings indicating the maximum liquid and the top of
the dam elevations. Caution must be taken not to damage the integrity of any liner when installing
the gauge.
13. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas,
and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow
on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or
otherwise controlled and accessible.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
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2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form
NDMR.
The Permittee shall install 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
Plans and specifications for the flaw measuring device shall be prepared by a licensed Professional
Engineer. The engineer's certification will serve as proof of compliance with this condition.
3. An automated rain gauge and recorder must be kept on site to measure and record all rainfall events.
This equipment must be properly maintained and calibrated in a manner consistent with
manufacturer's operation and maintenance recommendations. The engineer's certification will serve
as proof of compliance with this condition.
4. The Permittee shall keep a written record of all high water alarm conditions. The record shall include
a date and time of first knowledge of alarm condition, length of time of alarm condition, reason for
alarm condition and steps taken to correct the situation.
The effluent from the subject facilities shall be monitored by the Permittee at the point prior to
irrigation every March, July, November for the following parameters:
BOD5
NH3 as N
TSS
NO2-NO3
Fecal Coliform
TKN
pH
Total Phosphorous
6. 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 of irrigation,
b. volume of wastewater irrigated,
c. field irrigated,
d. length of time field is irrigated,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. weather conditions, and
g, maintenance of cover crops.
7. Freeboard in the storage pond shall be recorded weekly.
S. Three (3) copies of all operation and disposal records and all effluent monitoring data on forms
NDAR-I and NDMR-I and log sheets as necessary shall be submitted on or before the last day of the
following month. All information shall be submitted to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
9. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each
irrigation field and the results maintained on file by the Permittee for a minimum of five years. The
Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following
parameters.
Acidiy
Magnesium
Sodium
Phosphorus
Calcium
Manganese
H
Percent Humic Matter
Copper
Potassium
Zinc
Cation Exchange Capacity
Exchangeable Sodium Percentage
Base Saturation (by calculation)
10. 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 self -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
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.
TV. GROUNDWATER REQUIREMENTS
Prior to the operation of the treatment system, all water supply wells on the site shall be properly
abandoned in accordance with the methods and procedures outlined under 15A NCAC 2C. 0133.
Prior to beginning waste disposal operations, three (3) monitor wells shall be installed to monitor
groundwater quality. The well(s) 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 general
location and name for each well is marked on Figure 2. Each monitoring well shall be located at the
review boundary, constructed in accordance with this permit, and approved by the Wilmington
Regional Office.
3. Monitor wells MW-1, MW-2, and MW-3 shall be sampled initially after construction (and prior to
waste disposal operations) and thereafter every March, July and November for the following
parameters:
Water Level
Chloride
Ammonia Nitro en
Total Phosphorous
Nitrate Nitrogen
Fecal Coliform
Nitrite Nitrogen
I Total Organic Carbon
Volatile Organic Compounds - November only
Total Dissolved Solids (TDS)
Volatile Organic Compounds (VOC) by one of the following methods:
(A) Standard Method 6230D, PQL at 0.5 ug/L or less
(B) Standard Method 6210D, PQL at 0.5 ug/L or less
(C) EPA Method 8021, Low Concentration, PQL at 0.5 ug/L or less
(D) EPA Method 8260, Low Concentration, PQL at 0.5 ug[L or less
(E) Another method with prior approval by the Groundwater Section Chief
Any method used must meet the following qualifications:
(1) A laboratory must be DWQ certified to run any method used.
(2) The method used must, at a minimum, include all the constituents listed in Table VIII of
Standard Method 6230D.
(3) The method used must provided a PQL at 0.5 ug/L or less, which must be supported by
laboratory proficiency, studies as required by the DWQ Laboratory Certification Unit. Any
constituents detected above the MDL but below the PQL at 0.5 ug/L must be qualified
(estimated) and reported.
If any volatile organic compounds are detected by the methods listed, 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. i
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.
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 nag/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.
The results of the sampling and analysis trust be received on Form GW-59 (Groundwater Quality
Monitoring: Compliance Report Form) by the Groundwater Section, Permits and Compliance Unit,
1636 Mail Service Center Raleigh, N.C. 27699-1636 on or before the last working day of the month
following the sampling month.
4. 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.
5. 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 pennittee shall submit two original
copies of a scaled topographic map (scale no greater than 1":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 Permits and Compliance Unit,
Groundwater Section, 1636 Mail Service Center, Raleigh, NC, 27699-1636.
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, 1636 Mail Service Center, Raleigh, NC, 27699-1636.
8. For the initial sampling of the well as specified elsewhere in the permit, 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.
9. The ReCipTM Wetlands and storage pond(s) shall have a liner of synthetic material (HDPE) at least 60
nil in thickness with a hydraulic conductivity of no greater than 1 x 10-6 cm/sec. Following
installation and inspection of the lagoon liner, and prior to waste disposal operations, verification of
the liner's compliance with hydraulic conductivity and thickness specifications must be provided to
the Permits and Compliance Unit, Groundwater Section, 1636 Mail Service Center, Raleigh, NC,
27699-1636, by the project engineer.
10. 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 15A 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. .
11. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
The designated ORC or backup ORC will visit the facility everyday for the first year of operation_
After one year, the Permittee may review the operational history of the facility and request that the
visitation schedule be reduced. The request will be reviewed by the Division and approved or denied
based on its merits.
2. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
3. 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 or other permitting authority_
4. 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.
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VI. GENERAL CONDITIONS
1. 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.
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 Petardttee, 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. 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.
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 Ch. 4 and under the
Division's General Peanut NCG0100000, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 2H .0500.
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 (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).
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.
9. 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.
Permit issued this the 22nd day of April, 2004
NORTH C OLINA?ENVIRONMENTAL MANAGEMENT COMMISSION
V/Z-
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019100
10
Permit No. WQ0019100
April 22, 2004
ENGINEER'S CERTWICATION
Partial Final
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full tune) the construction of the project,
Project Name
Location and County
for the Perrnittee 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.
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HOLDEN BEACH LAND GROUP, LLC
ABOVE GROUND DRIP IRRIGATION PROJECT"
BRUNSWICK COUNTY
WQ0019100/G_W00193
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STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK Permit No. W00019100
OPERATIONAL AGREEMENT
This AGR; ENIEN T made pursuant to G.S. 143-215.1 (d1) and entered into this
`�-•�C day of May, 2002., by and between the North Carolina Environmental
Management Commission, an agency of the State of North Carolina, hereinafter known
as the COMMISSION; and HOLDEN BEACH TENANT OWNERS ASSOCIATION
OF BRUNSWICK COUNTY,.INC. , anon -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, to operate and
maintain the sewer for the property owned by Holden Beach Land Group, LLC
known as Holden Beach Shopping Center.
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 COMMISSION desires to assure that the Disposal System of the Development
is properly constructed, maintained and operated in accordance with law and permit
provisions in order to protect the quality of the waters of the State and the public
interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be
derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby
mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any
additions or modifications to the Disposal System in accordance with the permit
and plans and specifications hereafter issued and approved by tip- h-;1MIISSION"�-1-- " "'
Z, UAi'*[ SEC- iC:
4
MAY 6 2002
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 app'u:tenances thereto are part of the con.�"a eier ieAais
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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.
3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that
the Disposal System will be maintained out of the corns -non 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 find 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 funds) 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
unif 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 apennit has been reissued to the ASSOCIATION's successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall
be conditions of any permit issued by the COMMISSION to the ASSOCIATION
for the construction, maintenance, repair and operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies)
where the Declaration is filed and in the offices of the Secretary of State of North
Carolina with the Articles of Incorporation of the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by
the duly authorized representative of the parties hereto on the day and year written as
indicated by each of the parties named below:
FOR THE ENVIRONMENTAL ASSOCIATION:
MANAGEMENT COMMISSION: HOLDEN BEACH TENANT
OWNERS ASSOCIATION OF
E
Division of Wat r Quality
Date: ! �'� b ?j
E_1B-CLIENTSWAILEY\Ho1den Seachl0p=tiona[ AgreementZdoe
President
Date: � 3 4 a'
, INC.
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