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HomeMy WebLinkAboutWQ0019100_Final Permit_20040422O�0 W A rE r~ 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. 2 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. 4 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. n 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. 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FLOWERS I n82 4 / s 'ML to /t t //I� t~'4�[[ r! ur ♦ ♦ y� ,i 14 O 1 2 ��i - y I^r n *t [i r,�i,'i�ai ♦♦ aseo.s n cw,cev[n ,v / 1 / / / ^ ,. _ ^ -f t !u r.m, s.+ras wa,� [�v�""•. � r nc na.,c ..nn .nn•. �� rrDroseG1 Oi4r'910 OLI�nY R4NL'HESI. t •'tt �' /'/+/^~♦■� it r% \ rcwns .rc macnm ro / Y 33 It nK ww,a,w.,,,,, w.r�r• I ! � I t ■ tit S1 i r +' , 1 + �" � n ° -" \ 'i :u wads[ a \\�♦ \ _"' f ._.,,o� w' � rn,u, aMttrrt '1r+k ,,, �/--�r--.. ..,\ J,-•� nu�a FORR1GULATORYREYlU1''��%� NDT A`-LF ISED FOR COMTRWICN T . • I ,� ram! SCAle .. - 100 A 0 FF ✓o, n FIGURE 2 HOLDEN BEACH LAND GROUP, LLC ABOVE GROUND DRIP IRRIGATION PROJECT" BRUNSWICK COUNTY WQ0019100/G_W00193 ��k`�14 •���-•� `�, ` L�I.�sr�!• { � I I I���t �•�'' jl .... �c�,-.54J' Iw ln' - •1 is •��•� I }i >4.` ,t : � � : � I . F � I k • �I I f .1 �" . �,•`-'T (•�} } � � ` � z ��; -\, ;• � ; ; Il 1 rl'��.. , I t E I �V 4 p �`) `1l ` I,� �' :9; •'` � � i ` 't 4 � ;(( �.,�,'. is f"'y I I { I' li � r t � �� �� `' 3 }� .. 1` '•��'j1r � � 1 .t,• `_'�: I I•-a�ti•J � �r�� �J 11 p �� �:, I� IT— ':' i I'I 1 �,, k:°',�• :•s1' f�1-•-,'�r-f'i+34ti ;�_-' ';.�\ �'r 1� f; I-} r•~i' 8 ` bl l i ' k lr�, � �' • ° , '^p r. 'fit ' � "!' , ;.• 7 ' F I i l 'l 11 , 4 'I'{ •7;:. '' j'k Il,� �1••, '�f 1� �� -}.l�? I I kit.. ,� 17- t It e � y � • t I 4 a 1 ` J:. 1 } I I{ S •r, -1 r ........... .. ..... .....__.._..____..._...._ ...._..-- ----' - �, Iifil,.ty. ;r _ ,�: `•,lLi� I ' {t✓'�-%.'..,1;. .�� �O :r6• ., � ,,� t ` •' y ��1 `'•: • �' ' a' - • ,`,'c'` �>i ram`•= ' a z �:,' �•� �� `�;, r'I. C ` , I ' • - 1 i �• �.-• • •'��: n n:i " � � t 'sky cl ' •"�.:° yf.�_ � �tilri•I� ■ a? �� '� ( •�'�n� r•�''.' :I it b �Lt. r�)P`z' 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 v vx 1M t 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. I