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HomeMy WebLinkAboutWQ0019100_Final Permit_20070827pF W A T�9 Michael F. Easley, Governor 0 William G. Ross Jr., Secretary 65 r North Carolina Department of Environment and Natural Resources ❑ ' � -t Coleen H. Sullins, Director Division of Water Quality August 27, 2007 Warren G. Bailey - Director Holden Beach TOA of Brunswick County, Inc. 405-D Western Blvd. Jacksonville, NC 28546 Subject: Permit No. WQ0019100 Ocean View Commons Wastewater Surface Irrigation Brunswick County Dear Mr. Bailey: In accordance with your permit renewal request received April 9, 2007, and subsequent additional information received April 30, 2007, June 1, 2007, and July 5, 2007, we are forwarding herewith Permit No. WQ0019100, dated August 27, 2007, to Holden Beach TOA of Brunswick County, Inc. for the continued operation of the subject wastewater treatment and surface irrigation facilities. This permit shall be effective from the date of issuance until July 31, 2012, shall void Permit No. WQ0019100 issued April 22, 2004, 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 that effluent sampling parameters and frequencies have been changed (Attachment A). 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 Matthew Fleahman at (919) 715-6173 or matthew.fleahman@ncmail.net. St , 4� KColeen H. Sullins cc: Brunswick County Health Department Wilmington Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files LAU Files R� oLCarolina IvIaurally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone! (919) 733-3221 Internet: www.ncwatcMualitv.org location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal Opportunity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper Customer Service: (877) 623-6748 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 TOE of Brunswick County, Inc. Brunswick County FOR THE continued 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 ReCipTIA Constructed Wetland divided into four equal cells, a 4,000 gallon ReCip"I 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 (gprn) ultraviolet light disinfection units, an irrigation rain sensor to eliminate dosing pumps during inclement weather, four drip irrigation zones (sub -zones 1-A, 1-B, 2-A and 2-13) 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 Ocean View Commons, with no discharge of wastes to the surface waters, pursuant to the application received April 9, 2007, and subsequent additional information received by the Division of Water Quality (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 pen -nit shall be effective from the date of issuance until July 31, 2012, shall void Permit No. WQ0019100 issued April 22, 2004, and shall be subject to the following specified conditions and limitations: I. SCHEDULES [please review the entire permit for reporting, monitoring, and other on -going activities] No later than six (6) months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division form(s). Upon receipt of the request, the Division 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. Please note that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. The permittee shall submit a copy of the declarations and bylaws that documents compliance with the attached Operational Agreement in accordance with Rule 15A NCAC 02T .0115. WQ001900 Version 2.0 Shell Version 070117 Page 1 of 8 H. 2. Within nine (9) months of permit issuance, the subject wastewater treatment and disposal facilities shall either connect to the Brunswick County wastewater collection system or delineate the Compliance Boundary in accordance with Rule 15A NCAC 2L .0107(f). The permittee shall obtain an easement across the adjacent properties not owned by the permittee. This easement shall be executed and on file in the Register of Deeds in Brunswick County. 3. Within sixty (60) days after connection to the Brunswick County wastewater collection system, the permittee shall request the rescission of this permit. The rescission request shall be sent to: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 PERFORMANCE STANDARDS 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 contravention of groundwater or surface water standards. 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, such as the construction of additional or replacement wastewater treatment and disposal facilities. 2. 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 Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. 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. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to ground or surface waters resulting from the operation of this facility. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. 6. Effluent limitations shall not exceed those specified in Attachment A. 7. Application rate(s), whether hydraulic, nutrient, or other pollutant shall not exceed those specified in Attachment B. The compliance boundary for the disposal system is specified by rules in 15A NCAC 02L, Groundwater Classifications and Standards. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. WQ001900 Version 2.0 Shell Version 070117 Page 2 of 8 9. The Permittee shall apply for a permit modification prior to any sale or transfer of property that affects a compliance boundary to establish a new compliance boundary. 10. In accordance with 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall be constructed within the compliance boundary except as provided by 15A NCAC 02L .0107(g). 11. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure that any landowner who owns land within the compliance boundary, but who is not the perrnittee, shall execute and file with the Register of Deeds in the county in which the land is located an easement running with the land that contains the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. 12. The 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 action in accordance with 15A NCAC 02L .0106. 13. 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 i 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 drain/pavement 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 14. The Operational Agreement (Attached) 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 Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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 11I(5) of this permit. 16. 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 WQ001900 Version 2.0 Shell Version 070117 Page 3 of 8 17. 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 02H .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. III. OPERATION AND MAINTENANCE REQUIREMENTS I. The facilities shall be properly maintained and operated at all times. 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. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0507 including operational functions, maintenance schedules, safety measures, and a spill response plan. 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 08G .0200. The ORC shall visit the facilities in accordance with 15A NCAC 08G .0200 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 such that crop health is optimized, allows for even distribution of effluent, and allows inspection of the irrigation system. 4. Adequate measures shall be taken to prevent wastewater ponding or runoff from the irrigation field. 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. 6. All waste application equipment must be tested and calibrated at least once per year. Records of the calibration must be maintained for five years. 7. No type of wastewater other than that from Ocean View Commons shall be irrigated onto the irrigation area. 8. An automatically activated standby power source shall be on site and operational at all times capable of powering all essential treatment units. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. 9. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 10. The wetland cells, storage pond and irrigation fields shall be completely restricted from public access by a six foot high chain link fence. 11. The residuals generated from these treatment facilities must be disposed / utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. 12. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 13. Freeboard in the wetland cells and storage pond shall not be less than two feet at any time. 14. A waste -level gauge to monitor waste levels shall be installed in the ReCipTm and storage ponds. The gauge(s) shall have readily visible permanent markings indicating the maximum liquid and the top of the darn elevations. Caution must be taken not to damage the integrity of any liner when installing the gauge. WQ001900 Version 2.0 Shell Version 070117 Page 4 of 8 15. A protective vegetative cover shall be established and maintained on all earthen basin embankments (outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), 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. IV. MONITORING AND REPORTING REQUIREMENTS Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by the Division to ensure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 02H .0800. 3. Flow through the treatment facility shall be continuously monitored and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device consistent with approved engineering and scientific practices to ensure the accuracy and reliability of 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. The Permittee shall keep records of flow measurement device calibration on file 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, and c. Percent from true flow. 4, 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. 5. 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 b. The effluent from the subject facilities shall be monitored by the Pennittee at the frequency(ies) and location(s) for the parameter(s) specified in Attachment A. 7. The Permittee tracking the amount of wastewater disposed shall maintain adequate records. 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. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B for each field, g. Weather conditions, and h. Maintenance of cover crops. WQ001900 Version 2.0 ShelI Version 070117 Page 5 of 9 Freeboard (waste level to the lowest elevation on the top of the embankment) in the storage pond shall be recorded weekly. 9. Monitor wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms, and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C. 10. Two (2) copies of the results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form), along with attached copies of laboratory analyses, by the Division of Water Quality, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 on or before the last worldng day of the month following the sampling month, Form GW-59 shall include the number of this permit and the appropriate well identification number. One Form GW-59a certification form shall be provided for each set of sampling results submitted. 11. Three (3) copies of all monitoring data [as specified in Conditions IV. 3. and IV. 6.] on Form NDMR for each PPI and three (3) copies of all operation and disposal records [as specified in Conditions IV. 7 and IV. 8.] on Form NDAR-1 for every field shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 12, An annual representative soils analysis (Standard Soil Fertility Analysis) shall be conducted on each irrigation field and the results maintained on file by the Perrnittee for a minimum of five years. The Standard Soil Fertility Analysis snail include, but is not necessarily limited to, the following parameters: Acidity Manganese Potassium Calcium Percent Humic Matter Sodium Copper pH Zinc Magnesium Base Saturation �(by calculation Phosphorus Cation Exchange Capacity Exchangeable Sodium Percentage 13. 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 sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances including ponding in the irrigation field or runoff from the irrigation fields. 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 disposal system resulting in a by-pass directly to receiving waters. WQ001900 Version 2.0 Shell Version 070117 Page 6 of 8 d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its permit limitations including, but not limited to, freeboard measurements, effluent limitations, exceedances of groundwater standards, or overloading of any field. For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must 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. V. INSPECTIONS 1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation of the subject facilities. 2. The Perrittee 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 five years from the date of the inspection and shall be made available upon request to the Division or other permitting authority. 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 1. 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. 2. 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. 3. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. No variances to applicable rules governing the construction and / or operation of the permitted facilities are granted unless specifically requested and granted in this permit. 4. 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) that have jurisdiction. Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .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 02B .0200 and 02H .0500. WQ001900 Version 2.0 Shell Version 070117 Page 7 of 8 5. 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 on official Division form(s), 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. The Permittee of record shall remain fully responsible for compliance until a permit is issued to the new owner. 6. The Permittee shall retain a set of approved plans and specifications for the life of the facilities permitted herein. 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. 8. The Permittee must pay the annual fee 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 pursuant to 15A NCAC 02T .0105(e). Permit issued this the 27 h day of August 2007 NORTH CAMLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ00191.00 WQ001900 Version 2.0 Shell Version 070117 Page 8 of 8 This Page Blank WQ001900 Version 2.0 Shell Version 070117 Page 9 of 8 ATTACHMENT A - EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: W 0019I00 001 WWTF Influent Parameter Description - PCS Code Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Flow, in conduit or thru treatment plant - 50050 15,000 gpd Continuous Recorder 002 WWTF Effluent prior to irrigation EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING RE UIREMEN`1'S Parameter Description - PCS Code Monthly Avera e Weekly Average Daily Maximum Measurement Frequency Sample Type Coliform, Fecal MF, M-FC Broth,44.5C - 31616 4 X year Grab BOD, 5-Day (20 De . C) - 00310 4 X year Grab Nitrogen, Nitrate Total (as N) - 00620 4 X year Grab H - 00400 5 X week Grab Solids, Total Sus ended - 00530 4 X year Grab Nitrogen, Kjeldahl, Total (as N) — 00625 4 X Year Grab Solids, Total dissolved - 70295 4 X ear Grab Chloride (as Cl) - 00940 4 X year Grab Nitrogen, Ammonia Total (as N) - 00610 4 X year Grab Phosphorus, Total as P) - 00665 4 X year Grab Notes: 4 X Year sampling shall be conducted every March, June, September, and December Attachment A Shell Version 0701 l7 Page 1 of 2 This Page Blank Attachment, Version 070117 1 as 2 of 2 ATTACHMENT B - Approved Land Application Sites Permit Number: WQ0019100 Holden Beach TOA of Brunswick Cnty Inc Holden Beach Food Lion Center WWTF Field/Zone Net Dominant Soil Hourly Yearly Id Owner County Latitude Longitude Acreage Series Parameter Avg Max SUB -ZONE Holden Beach Land 01284 - Application Surface 1A Group LLC Brunswick 33155'47" 78'18'l8" .15 Pactolus Irrigation 3 inches 347 inches SUB -ZONE Holden Beach Land 01284 - Application Surface 1B Group LLC Brunswick 33°55'47" 78°18'18" .15 Pactolus Irrigation 3 inches 347 inches SUB -ZONE Holden Beach Land 01284 - Application Surface 2A Group LLC Brunswick 33°55'47" 7801$1$" .15 Pactolus Irrigation 3 inches 347 inches SUB -ZONE Holden Beach Land 01284 - Application Surface 2B Group LLC Brunswick 33°55'47" 78°18'18" .15 Pactolus Irrigation 3 inches 347 inches Total .60 Attachment B Shell Version 070117 Page 1 of 2 This Page Blank Attaclunent L —;11 Version 070117 - age 2 of 2 ATTACHMENT C - LIMITATIONS AND MONITORING REQUIREMENTS I PermitNumber: WQ0019100 MW-1, MW-2, and MW-3 CrIARACTERISTICS LIMITS MONITORING REQUIRE MENTS Parameter Description - PCS Code Daily Minimum Daily Maximum Units Measurement Frequency Sample Type Water level, distance from measuring point - 82546 3 X year Grab Coliform, Fecal MF M-FC Broth,44.5C - 31616 3 X year Grab Carbon, Tot Organic (TOC) - 00680 3 X year Grab Chloride (as Cl) - 00940 250 rn L 3 X year Grab H - 00400 6.5 8.5 su 3 X ear Grab Nitrogen, Ammonia Total (as N) - 00610 3 X year Grab Nitrogen, Nitrate Total as N - 00620 10 m L 3 X year Grab Phosphorus, Total as P - 00665 3 X ycar Grab Solids, Total Dissolved - 70295 3 X year Grab Volatile Compounds, (GC/MS) - 78732 Annually Grab 1. 3 x year monitoring shall be conducted in March, June, and December; Annual monitoring shall be conducted every December. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Volatile Organic Compounds (VOC) - In December only, analyze 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 Aquifer Protection 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 VI11 of Standard Method 6230D. (3) The method used must provide a PQL of 0.5 ug/L or less that must be supported by Iaboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 ug/L must be qualified (estimated) and reported. Attachment C Shell Version 070117 page 1 of 2 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Wihrungton Regional Office Aquifer Protection Supervisor, telephone number (910) 796-7215, must be contacted immediately for further instructions regarding any additional follow-up analyses required. G. If TOC concentrations greater than 10 mg/1 are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/1, 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. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in this attachment. Attachment Version 070117 _ age 2 of 2 b h L-6 A � STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Permit No. W00019100 OPERATIONAL AGREEMENT This AGR EIvOiI made pursuant to G.S. 143-215.1 (dI j and entered into `+his 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. , 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. WITNES SETH: 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: L 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 tot-eoj Il-II M AY 0' 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 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. 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 fiend shall be separate from the routine maintenance fluid 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 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 pem:nit has been reissued to the ASSOCIATION's successor. S. 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 Division of Wat r Quality Date: President Date: � 3 10 a' EM-CLIENTMAILEY1Holden Beachl0perational Agreementldoc , INC. 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I • 5 PZu$Y E 19d.09' — ` — -1 ``� I I T— I — 1 84 I� 70 I 77 I � — �.b Sea Trace i \ `- s ig5 049a. C h (srJ 67 1Subdivision i t � 65 1 1 r.Mro aW Nrt wu R r+l[ �► \ Amanda L. Flowers � / 1 64 1 63 T MAL 90�rPoARIKSNG Q) .TAILS 66 \ f y 1ti l preliminary - not far construction � 8i7P PLAN FOR preliminary - not for recordation, conveyances, or sales HOLDS N BEACH FOOD LION SHOPPING CENTER LEASE PLAN LOCKWOM FOLLV DRUnU8Utl = TOWN43MV oauRxr SITE PLAN HOLOIN BEACH, MOTH QAROLINA \ \ JORDAN - TEW & ASSOCIATES, P.A. ENGINEERING, SURVEYING, PLANNING & MATERIALS TESTING % P.O. SOX 249 DUNN, N.C, 28335 PR. (910) 892-3159 FAX (910) 892-1893