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HomeMy WebLinkAboutWQ0019907_Final Permit_201703081 Water Resources ENVIRONMENTAL QUALITY March 8, 2017 EDWARD CARON—UTILITY SUPERINTENDENT WASTEWATER ONSLOW WATER AND SEWER AUTHORITY POST OFFICE Box 1415 JACKSONVILLE, NORTH CAROLINA 28540-1415 Dear Mr. Caron: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Permit No. WQ0019907 Holly Ridge WWTP Wastewater Irrigation System Onslow County In accordance with your permit renewal request received February 28, 2017, we are forwarding herewith Permit No. WQ0019907 dated March 8, 2017, to the Onslow Water and Sewer Authority for the continued operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance until February 28, 2022, shall void Permit No. WQ0019907 issued May 10, 2007, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note that Permit Condition IV.I4. (d) requires notification of the Wilmington Regional Office any time that self -monitoring information indicates that the facility is out of compliance with its permit limits, including freeboard measurements Please note the following permit conditions have been removed since the last permit issuance dated May 10, 2007: ➢ Old Condition 1.1. — This condition has been removed. Please note the following permit conditions are new since the last permit issuance dated May 10, 2007: ➢ Condition L2. — This condition describes the schedule for activating the Summerhouse WWTF. ➢ Condition IV.8. — This condition requires the submission of an annual report. ➢ Condition IV.9. — This condition requires maintaining a record of all residuals removed. ➢ Condition IV.10. —This condition requires maintaining a maintenance log of the facility. -"--�'" NothhgCompares`._., State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. Edward Caron March 8, 2017 Page 2 of 2 ➢ Condition VI.8. —This condition allows permit revocation or modification in certain situations. ➢ Condition VI.9. — This condition notifies the Permittee that, unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee: has been convicted of an environmental crime; has previously abandoned a wastewater treatment facility; has not paid a civil penalty; is non -compliant with a permit schedule; or has not paid an annual fee. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 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 permit, please contact David Goodrich at (919) 807-6352 or david,goodricb@ncdenr.gov. Sincerely, 6 S. Jay Zimmerman, P.G., Director Division of Water Resources cc: Onslow County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER 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 Onslow Water and Sewer Authority Onslow County FOR THE operation of a 224,673 gallon per day (GPD) wastewater treatment and irrigation facility consisting of the: continued operation of a 260,626 GPD wastewater treatment facility consisting of: headworks with a manual bar screen and grit chamber; an ultrasonic flow meter; a 1.82 million gallon (MG) treatment lagoon with three aeration cells (Cells 1 & 2 each have two 25 horsepower (hp) aerators with anti -erosion baffles, Cell 3 has two 25 hp mixers with anti -erosion baffles), and a 0.49 MG settling cell; an ultraviolet ([TV) disinfection system, a 22,400 gallon aerobic sludge digester with a 2 hp aerator and a 3 hp discharge pump; an effluent pump station with two 450 gallon per minute (GPM) pumps; approximately 17,900 linear feet (LF) of 8-inch force main; and all associated piping, valves, controls, and appurtenances; and the continued operation of a 224,673 GPD wastewater irrigation facility consisting of: a 13.30 MG storage lagoon (51 days storage); an irrigation pump station with two 700 GPM pumps and an effluent flow meter; a 99.59 acre spray irrigation area with 11 fields; and all associated piping, valves, controls, and appurtenances to serve the Holly Ridge WWTP, with no discharge of wastes to surface waters, pursuant to the application received February 28, 2017, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 28, 2022, shall void Permit No. WQ0019907 issued May 10, 2007, and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)] WQ0019907 Version 3.0 Shell Version 151201 Page 1 of 8 2. Within 30 days of permit issuance, the Summerhouse WWTF (Permit No. WQ0029945) shall be restored to service capability, and will be available for a pre start-up inspection by Division personnel. Upon Division inspection and approval, the facility will be activated. [15A NCAC 02T .0108(b)(2)] H. PERFORMANCE STANDARDS 1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities. [G.S. 143- 215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [ 15A NCAC 02B .0200, 02L .0100] 3. All wells 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 jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)] 5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] 6. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent 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. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 7. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .01081 8. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 9. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 10. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Onslow County Register of Deeds an easement running with the land containing 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. WQ0019907 Version 3.0 Shell Version 151201 Page 2 of 8 [15A NCAC 02L .0107(f)] 11. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400 ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 150 v. Public right of way: 50 [15A NCAC 02H .02190)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 [I5A NCAC 02H .02190)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. 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 Permittec shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02T .0117] 3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall betaken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per year. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] 7. Only effluent from the Holly Ridge WWTP shall be irrigated on the sites listed in Attachment B. [G.S. 143-215.1] 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] WQ0019907 Version 3.0 1 Shell Version 151201 Page 3 of 8 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .05050)] 12. Freeboard in the 1.82 million gallon (MG) treatment lagoon and the 13.30 MG storage lagoon shall not be less than two feet at anytime. [15A NCAC 02T .0505(d)] 13. Gauges to monitor waste levels in the 1.82 million gallon (MG) treatment lagoon and the 13.30 MG storage lagoon shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)] 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., 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 dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [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 to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow. [I5A NCAC 02T .0105(k)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] WQ0019907 Version 3.0 Shell Version 151201 Page 4 of 8 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [I 5A NCAC 02T A 108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 1.82 million gallon (MG) treatment Iagoon and the 13.30 MG storage lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1 for every site in Attachment B 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 Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] Pursuant to § 143-215.1 C., the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the wastewater treatment and irrigation facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G.S. 143-215.1 C] 9. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum., this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [ 15A NCAC 02T A 108(b)(1)1 WQ0019907 Version 3.0 Shell Version 151201 Page 5 of 8 10. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Date of calibration of flow measurement device; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0108(b)(1)] 11. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All mappingwell construction forms, well abandonment forms and monitoring_ data shall refer to the permit number and the well nomenclature as provided in Attachment C-and Figure 1. [15A NCAC 02T .0105(m)] 12. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 13. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [I 5A NCAC 02T .0108(c)] WQ0019907 Version 3.0 Shell Version 151201 Page 6 of 8 14. 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. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall 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 days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of. wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1] WQ0019907 Version 3.0 Shell Version 151201 page 7 of 8 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 jurisdictional government agencies (e.g., local, state, and federal). 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 General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [ 15A NCAC 02T .0105(c)(6)] In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the faci I ities permitted herein. [15A NCAC 02T .0108(b)(1)] 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. [15A NCAC 02T .01050)] 8. This permit is subject to revocation or unilateral modification upon 60 days' notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [ 15A NCAC 02T .0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 8'h day of March 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0019907 WQ0019907 Version 3.0 Shell Version 151201 Page 8 of 8 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS PPI 001 - WWTF EFFLUENT Permit Number: WQ0019907 Version: 3.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description p Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L _ Monthly Grab 00940 Chloride (as Cl) mg/L 3 x Year Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL Monthly Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 224,673 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L Monthly Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L Monthly Grab 00620 Nitrogen, Nitrate Total (as N) mg/L Monthly Grab 00600 Nitrogen, Total (as N) mg/L Monthly Grab 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L Monthly Grab 70300 Solids, Total Dissolved —180 °C mg/L 3 x Year Grab 00530 Solids, Total Suspended mg/L Monthly Grab 1. 3 x Year sampling shall be conducted in March, July, and November. WQ0019907 Version 3.0 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS ONSLOW WATER & SEWER AUTHORITY - HOLLY RIDGE WWTF Permit Number: WQ0019907 Version: 3.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude 8 Net Acrea a Dominant Soil Series Parameter Hourly Rate Yearly Max Units VIA Town of Holly Ridge " Onslow 34.5152401 -77.5023990 9.82 Leon 01284 -Non-Discharge Application Rate 0.12 36.92 inches 1/113 Town of Holly Ridge 1 Onslow 34,5138640 -77.50148611 9.62 Leon 01284- Non -Discharge Application Rate 0.12 36.92 inches VIC Town of Holly Ridge Onslow 34.513117' -77.5015471 8.07 Leon 01284-Non-Discharge Application Rate 0.12 36.92 inches I/lD Town of Holly Ridge Onslow 34.512088' -77.5009951 3.74 Leon 01284 - Non -Discharge Application Rate 0.12 36.92 inches 2/2A-1 Town of Holly Ridge Onslow 34.508936' -77.500775' 8.79 Pactolus 01284 - Non -Discharge Application Rate 0.12 36.92 inches 2/2A-2 Town of Holly Ridge' Onslow 34.508358' -77.5006871 12.20 Pactolus 01284 - Non -Discharge Application Rate 0.12 36.92 inches 2/2A-3 Town of Holly Ridge Onslow 34.507327' -77.499024' 11.66 Pactolus 01284 - Non -Discharge Application Rate 0.12 36.92 inches 2/2B-1 Town of Holly Ridge' Onslow 34.506634' -77.499176' 8.63 Goldsboro 01284 -Non-Discharge Application Rate 0.12 21.84 inches 2/213-2 Town of Holly Ridge " Onslow 34.506634' -77.499176' 5.84 Goldsboro 01284 - Non -Discharge Application Rate 0.12 21.84 inches 3/3A Town of Holly Ridge Onslow 34.5115790 -77.4966610 9.44 Pactolus 01284 - Non -Discharge Application Rate 0.12 36.92 inches 313B Town of Holly Ridge Onslow 34.5098020 -77.4966840 11.79 Pactolus 01284 - Non -Discharge Application Rate 0.12 36.92 inches Totals 99.59 1. Onslow Water and Sewer Authority a Water Service Agreement with the Town of Holly Ridge for the use of 11 fields (Agreement attached). WQ0019907 Version 3.0 Attachment B Page 1 of 1 THIS PAGE BLANK ATTACHMENT C — GROUNDWATER MONITORING AND LEMTATIONS Monitoring wells: MW-1, MW-2, MW-3 & MW-4 Permit Number: WQ0019907 Version: 3.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 su 3 x Year Grab 1,2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1 70300 Solids, Total Dissolved - 180 °C 500 mg/L 3 x Year Grab 1 GWVOC Volatile Compounds (GC/MS) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 I . 3 x Year monitoring shall be conducted in March, July & November; Annual monitoring shall be conducted every November. 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 November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/L or less b. Standard Method 621OD, PQL at 0.5 µg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used must meet the following qualifications: a. A laboratory must be DWR certified to run any method used. b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. C. The method used must provide a PQL of 0.5 µg/L or less that must be supported by laboratory proficiency studies as required by DWR. Any constituents detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Wilmington Regional Office supervisor, telephone number (910) 796-7215, must be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 2 and this attachment. WQ0019907 Version 3.0 Attachment C Page 1 of 1 20 17 172 I!r i1 3518 _ 1 N su a / — f V- JI 1534 19.0 20.5 ( Round :�_ �\\ \ Railroad 10 ti % .I it ZF7 29Q • iHrereioa—aeaiocEcni wwvFr orarn� ..o _v« X34 X34 FIGURE 1 TOWN OF HOLLY RIDGE WWTP WASTEWATER SURFACE IRRIGATION ONSLOW COUNTY WQ0019907 SITE LOCATION MAP ;.:I w - i •y�7AP,� .ace►- sl„ss. � �� r � � I eeo _ -Ailim� } YJ 00 j/ 1sl��l I��. 1 +All'�-. fir. f . r -� !i�►���I a4 I/• l , � �iy�� ,a W _ `t 1 _1 rev —,a - 11 KEY SHEET FOR SPRAY IRRIGATION SYSTEM SINI S WQRM,%TH7PF GENERAL NOTES xns s!�ow ae art uc r Wrenn rmnrlr w.s uar ec crAnnxn rinn ,sd rs wa s«wn,s eee - e��eouo 2 s+wr,r Is�.oa u�eo zaa eou,aelaes au'z ac s,wr (9{LE u BxGip Gp Aa' MUK� 41. 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WASTEWATER SURFACE IRRIGATION ONSLOW COUNTY W 0019907 SITE DETAIL MAP fy Digester ' t in use) - it \o.` era 3 p' © 2016 Googie r Google earth VVQ00F9907 spray fields Figure 2. Holly Ridge WWTF (WQ0019907) Spray Fields and Monitoring Wells. RE EjVED/NCQEQ/DWR WATER SERVICE AGREEMENT JUL 1 5 2016 Non -Discharge 'emmi€ ing Unit AGREEMENT made this ls� day of July, 2005, by and between ONSLOW WATER AND SEWER AUTHORITY, a body politic and corporate of the State of North Carolina and the TOWN OF HOLLY RIDGE (the "Town") a political subdivision of the State of North Carolina; WITNESSETH: WHEREAS, the County of Onslow (the "County"), the City of Jacksonville ("Jacksonville"), and the 'Towns of Swansboro ("Swansboro"), Richlands, North Topsail Beach {"North Topsail") and Holly Ridge ("Molly Ridge"), acting through their respective governing bodies, pursuant to the provisions of Article 1, Chapter 162A of the General Statutes of North Carolina, as amended, organized and incorporated the Onslow Water and Sewer Authority (the "Authority") as a vehicle to assist in providing a satisfactory supply of potable water and sewer collection/treatment for the member governments of the Authority; and WHEREAS, the County, Jacksonville, Richlands, Swansboro, North Topsail and Holly Ridge are the sole members of the Authority; and WHEREAS, the Authority has entered into agreements with the United States of America which provide that the Marine Corps Base, Camp Lejeune, shall provide specified volumes of potable water and sewer treatment capacity to the Authority; and WHEREAS, the Town is in need of additional potable water capacity and desires for the Authority to make water from Camp Lejeune available to the Town's citizens; and WHEREAS, the Town has determined that the Authority will bo better able to meet the needs of its citizens if the Authority leases and operates the water and sewer systems of its member governments to which it will be providing water and sewer service (provided, however, that said determination applies only to the Town of Holly Ridge's water system at the present tune); and WHEREAS, the Authority is authorized. and empowered to acquire, lease, construct, reconstruct, extend, improve, maintain, better and operate potable water and sewage collection/treatment facilities and has determined that it will be in its best interest and in the best interest of its member governments to lease, operate and maintain the water system of the Town; and WHEREAS, the Town has leased its water system to the Authority pursuant to a Capital Lease Agreement (the "Lease") of every date with this Agreement; and WHEREAS, in consideration of the Town signing and delivering the Lease, the Authority desires to enter into this Agreement to provide water service to the citizens of the Town.. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and conditions herein contained, it is agreed among the parties as follows; 1. Term. This Agreement shall become effective upon its execution and shall continue in effect until the Lease is terminated. 2. Service. The Authority agrees, when economically and technically feasible, to meet the potable water supply, treatment and distribution needs of the citizens of the Town, who are not provided water, by any other gover runentaI entity or public utility, subject to limitations upon the Authority's ability to do so caused by (i) the amount of potable water supply, treatment capacity and distribution lines available to the Authority, (ii) obligations of the Authority to provide water service to others, (iii) the capacity of the Authority's water system and (iv) completion of any improvements the Authority elects to make to enable it to provide water service. Nothing herein shall obligate the Authority to provide any potable water supply if the provision thereof will ,result in the Authority being in violation of any applicable laws or other governmental regulations or result in a material breach of any agreements to which the Authority is a party. The Authority shall maintain a satellite office in the Town for the purpose of bill payment and telephone communication from customers. The Town shall if requested by the Authority provide at actual cost an office at the town hall but not equipment (other than telephones) and furnishings. The Authority shall pay the Town annually for the cost of such office. 3. Planning. In order to provide for the public health and welfare, the Authority will use reasonable efforts to develop additional potable water supply, treatment and distribution facilities and sewer collection/treatment capacity to meet the needs of all of its customers and will use financial planning practices, policies and procedures that are in the opinion of the Authority reasonably sound to provide funds, through water and sewer user rates, impact fees and related charges, and/or loans, necessary to provide the facilities to meet such needs. 4. Authorily to Provide All Water Service. So long as the Authority is capable of meeting the water needs of the citizens of the Town pursuant to this agreement, the Town shall not without the prior consent of the Authority acquire or produce potable water from any source other than the Authority. The parties agree that in the event the Town breaches provisions of this paragraph, monetary damages would not adequately compensate the Authority and in the event of such breach, the Authority shall be entitled to equitable relief requiring that the Town comply with the terms of this paragraph. 5. Qpgration and Maintenance. The Authority shall operate and maintain or cause to be operated and maintained its water and sewer systems in a safe, efficient and economical manner, making all necessary and proper repairs, replacements and renewals consistent with good business and operating practices for comparable facilities in accordance with applicable standards of regulatory bodies. The Authority shall cause a consulting engineer(s) to inspect its systems at least once every thirty six months and to submit to the Authority a report identifying any operation or maintenance or repair problems and setting forth for the ensuing thirty six month period (a) the engineer's recommendations as to any revisions that should be made in the methods of operation and maintenance of the systems and any repairs that must be made to 2 properly operate and maintain the systems in such period and his estimate of the cost of such repairs and methods, (b) his estimate as to the amount of adequate reserves for extraordinary repairs, renewals and replacements to the systems in such period, (c) his estimate as to the staffing requirements of the Authority for such period and (d) his estimate as to any additional insurance that may be needed to insure the Authority against loss due to casualty loss or damage to the systems. The Town shall be entitled at its expense to paint upon the Town's existing water tank/tower, the words "The Town of Holly Ridge", a logo of the Town's choosing or any other words or graphics of its choice and to install upon the tank/tower such lighting as it chooses, whether to illuminate the Town's name and/or logo or other words or graphics or whether for holiday or seasonal purposes, and shall be entitled to a perpetual, relegable non-exlexusive easement and right of entry, ingress, egress and regress upon said tark/tower for the purposes of installing, maintaining, servicing, repairing, removing and replacing such words, graphics or lighting, provided that such activity does not unreasonably interfere with the Authority's operation of the tank/tower as anticipated and provided herein. 6. Insurance. The Authority shall carry at all times insurance covering all properties belonging to its water and sewer systems insuring against loss or damage from such causes as are customarily insured against by enterprises of a similar nature. 7. Ordinances and Regulations. All water service provided to the citizens of the Town shall be subject to and in accordance with the Authority's Rules and Regulations for Rendering Water Service, as they may be amended from time to time. The Authority's Rules and Regulations for Rendering Water Service shall address all aspects of water service to the Town. except water and sewer system expansions within the Town and the Town's area of extraterritorial jurisdiction (the " ETJ"). The Town agrees during the terra of this agreement to enact and at all times maintain in effect an ordinance(s) governing the expansion of water and sewer utilities within the Town's corporate limits and the ETJ (the "Town Ordinance")_ The Authority shall only make expansions to the Authority's water and sewer lines for the purpose of serving new customers within the Town's corporate limits and the I-T3 in accordance with the Town Ordinance. Notwithstanding the foregoing, the Authority may make System extensions within the Town or the ETi in accordance with the Authority's ordinances, rules and regulations if the Town does not have its own ordinances in effect governing System expansions and extensions within such areas. 8. Billin . The Town and the Authority shall work cooperatively and take all steps reasonable necessary to provide that customers who received water service from the Authoirty and who also receive sewer service, solid waste service or recycling service (or any combination thereof from the Town receive only one bill for all of the services. The parties anticipate at this time that the Town will provide the Authority the Town's billing information for sewer, solid waste and recycling services and that the Authority will issue one bill to each customer for all of said services received by that customer and remit to the Town the portion of the receipts that represents the Town's charge for the service(s) provided by the Town. 9. Representations and Warranties. The Town and the Authority each represent to the other: a. That each has the full legal right, power and authority to execute this agreement; b. That each by official action prior to or concurrently with the date hereof by action of its respective governing boards approve the execution and delivery of this agreement; c. This agreement constitutes the legal, valid and binding agreement of each party hereto, enforceable in accordance with its terms except as enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar Iaws effecting the enforcement of creditors rights generally and may be limited by general equitable principles concerning -remedies. d. In addition to the mutual representations set out in this paragraph, the Authority specifically acknowledges that the future well-being and orderly growth of the Town is largely contingent upon the availability of potable water supply and waste -water collection and treatment capacity and that the Town is engaged at the present time in a substantial capital improvements project to upgrade and increase it wastewater collection and teatment capacities. The Authority agrees that it will extend its services into those areas contiguous with the Town's corporate limit and those areas contained within the Town's area of extraterritorial jurisdiction only in accordance with the Town's annexation policy and that the Authority will ensure whenever economically and technically feasible that its services are in fact extended into all areas for which the owner has petitioned the Town for annexation. 10. Successors and AssigLis. This agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns; provided, however, that neither party may assign their rights, liabilities and obligations hereunder without the consent of the other party except that the Authority may assign this agreement to a trustee without the consent of the Town in regard to Authority Bond issues or other financings. 11. Severability. If any provision of this agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect any other provision thereof 12. Waiver. Any party's failure to insist upon the strict performance of any provision of this agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 13. CountMarts. This agreement may be executed in several counterparts, any of which shall be regarded for all purposes as one original. S 14. Controlling Law. This agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. IN WITNESS WHEREOF the parties have executed this agreement the slay and year first above written. ONSLOW WATER AND SEWER AUTHORITY By - TOWN OF HOLLY RIIDGE �d By. Q CAPITAL LEASE AGREEMENT THIS CAPITAL LEASE, entered into as of the 30th day of June, 2005, by and between the TOWN OF HOLLY RIDGE, a municipal corporation of the State of North Carolina (the "Town") and ONSLOW WATER AND SEWER AUTHORITY, a body politic and corporate of the State of North Carolina (the "Authority'). RECITALS: This Capital Lease Agreement is entered into pursuant to the terms of Agreement to Lease Utility System (the "Agreement to Lease") between the Town and the Authority dated the 22,jday of -�z v , 2005. AGREEMENT The Town hereby leases to the Authority and the Authority hereby rents from the Town, the Town's water system consisting of the real and physical assets described on Schedule 3.6(a)(i) of the Agreement to Lease (the "Leased Assets"). All of the Leased Assets are located in the Town. The Town also assigns and transfers to the Authority the "Transferred Assets" described in Article I, Section 2.1 of the Agreement to Lease. 1. Term. This lease shall commence on July 1, 2005 (the "Commencement Date") and shall terminate June 30, 2035. 2. Option to Extend. Provided that the Authority is in compliance with all the terms and conditions of this lease, it may extend the term of this lease for additional successive terms of 15 years each by the giving of Notice of election to extend, which Notice must be given no later than 2 years before the end of the original or any extended term of this Agreement. The Authority shall be entitled to exercise these options to extend at any time after the Commencement Date. 3. Rent. The rent for the entire term and extended term of this lease shall be payable on or in advance of the Commencement Date and shall consist of the payment of the Town's bond and other indebtedness as required by Article II of the Agreement to Lease. 4. Possession. The Authority shall have exclusive possession of the Leased Assets which shall be delivered to the Authority on the Commencement Date; provided, however, that the lease of the real property upon which the Town's existing water towerltank is located shall be non-exclusive and Holly Ridge retains the right to use said real property in any reasonable manner not inconsistent with the lease contemplated herein, including without limitation, the right to negotiate for and place antennas on the water tower in accordance with current standards so long as appropriate Authority personnel approves the same for the sole purpose of ensuring safety and structural integrity of the tower. All proceeds from antenna rentals shall belong to the Town. The Town shall.also be entitled to maintain its name in print on the face of the water tank. 5. Alterations and Abandonment. The Authority may make such alterations to the Leased Assets as the Authority in its sole discretion deems appropriate. The right to alter the Leased Assets includes but is not limited to the right to connect the Leased Assets with and make them a part of other utility facilities leased or owned by the Authority (the Leased Assets together with the other utility facilities owned or leased by the Authority are referred to herein as the "System"). The Authority may also abandon and dispose of any of the Leased Assets which become obsolete or which the Authority otherwise deems are not necessary for the proper operation and maintenance of the System; provided, however, that before disposing of any Leased Assets which the Authority has abandoned it shall first give Notice of such intent to the Town. If the Town sloes not take possession of such abandoned property within 45 days of such Notice, the Authority shall be free to dispose of the property without liability to the Town. Any portion of the Leased Assets comprised of real estate or easements encumbering real estate not put to public use by the Authority for a continuous period of eighteen months shall be considered abandoned and shall be returned to the Town. 5. System Operation and Maintenance. The Authority shall at its sole cost and expense operate and maintain or cause to be operated and maintained, the System in a safe, efficient and economical manner making all necessary and proper repairs, replacements and renewals consistent with good business and operating practices for comparable facilities and in accordance with applicable standards of regulatory bodies. 7. Extensions and Additions. The Authority may at its sole cost and expense make such enlargements and extensions to the System as it deerrns appropriate and such extensions and additions may be connected to the Leased Assets. All such extensions and additions shall be the sole property of the Authority. 8. Use. The Authority shall establish and enforce rules and regulations governing the use and operation of the System. The Authority shall not permit the use of the System for any € nlawful purpose. g. User- Rates/Revenues. The Authority shall for each fiscal year establish utility user rates which are at least sufficient to pay its current expenses for operation and maintenance and debt service on its debt obligations. The Authority shall not incur current expenses in any fiscal year in excess of the reasonable and necessary amount thereof. All revenues from the System shall be the sale and exclusive property of the Authority and the Town shall have no claim to such revenues by virtue of the Town owning the Leased Assets. 10. Annual Review of the System/Other Information, and Reports. (a) The Authority shall cause its consulting engineer to make a review of the System at least once in each Fiscal Year and, on or before the 60t' day next preceding the first day of each Fiscal Year, to submit to the Authority a report setting forth (a) its findings whether the System has been maintained in good repair, working order and condition and (b) its recommendations as to: (i) the proper maintenance, repair and operation of the System during the ensuing Fiscal Year and an estimate of the amount of money necessary for such purposes, and (0) the improvements, renewals and replacements that should be made during the ensuing Fiscal Year and an estimate of the amount of money necessary for such purposes. Promptly after the receipt of such reports by the Authority, copies thereof shall be mailed by the Authority to the Town. If any such report of the consulting engineer indicates that the System has not been maintained in good repair, working order and condition, the Authority promptly shall restore the System to good repair, working order and condition with all expedition practicable. (b) The Authority shall within 14 days of receipt provide the Town with a copy of (i) its audited financial statements for each fiscal year, (R) the minutes of its Board meetings, (iii) all notices of violations received from any state or federal agency and (iv) all security advisories from the Department of Homeland Security or other cognizant state or federal agency. (c) The Executive Director of the Authority shall within 30 days after receipt of the Authority's annual audit provide a written report to the Town on the financial condition of the Authority. The Executive Director shall also provide such other written reports as the Town may reasonably request from time to time so long as obtaining the information for the report does not require the hiring of consultants or the expenditure of funds by the Authority other than the normal salary of its staff and related costs. 11. Insurance. From the Commencement Date forward, the Authority shall carry at all times insurance with a responsible insurance company or companies, authorized and qualified under the laws of the State to assume the risk thereof, covering such properties belonging to the System as are customarily insured, against loss or damage from such causes as are customarily insured against, by enterprises of a similar nature and also comprehensive general liability insurance on the System for bodily injury and property damage, provided that the same shall meet the following minimum requirements: (a) fire (with Uniform Standard Extended Coverage Endorsements or equivalent coverage obtainable through federal or State programs) and vandalism and malicious mischief insurance, as may be approved for issuance in the state, including insurance against loss or damage from lightning, windstorm, hail, hurricanes, tornadoes, floods, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles and smoke, at all times in amounts equal to the greater of (1 ) the principal amount of all bonds of the Authority at any time outstanding and (2) the full replacement cost of the properties comprising the System, which amount shall be sufficient to ensue that the Authority could not become a co-insurer under the terms and conditions of the applicable policy or policies. The replacement cost of the properties comprising the System shall be determined at least once every five years or more often upon the request of the insurer by an appraisal by qualified appraisers or other persons or entities selected by the Authority. The Authority shall provide a copy of the appraisal to the Town within 30 days after the receipt thereof. (b) comprehensive general liability insurance with limits of not less than $2,000,000 combined single limit for bodily injury and property damage occurrence; (c) workers' compensation insurance in such amounts as are required by laws. If upon mutual consent the Authority and the Town determine that the amount of insurance coverage required by this paragraph is not available on reasonable terms and conditions, the insurance coverage required by this paragraph may be modified in accordance with such determination, and the coverage as modified shall constitute the minimum requirements of this agreement. All insurance coverage shall be maintained through policies that (i) are issued by a financially responsible insurer or insurers qualified to write the respective insurance in the State and of recognized standing, (H) are in such form and contain such provisions (including, without limitation, the loss payable clause, the waiver of subrogation clause, clauses relieving the insurer of liability to the extent of minor claims, and the designation of the named insured parties) as are generally considered custornary previsions for the type of insurance involved, and (iii) prohibit cancellation or substantial modification by the insurer without at least 60 clays` prior written notice to the Authority. The Authority shall have no liability for casualty losses to or of the System except for its obligation to maintain the insurance required by this paragraph and to apply insurance proceeds as required by this paragraph. 13. Compliance with Applicable Law. The Authority shall comply or cause there to be compliance with all applicable laws, orders, rules, regulations and requirements of all municipal or other governmental authorities relating to the use, operation and occupancy of the System. Nothing contained in this paragraph shall prevent the Authority from contesting in good faith the applicability or validity of any law, ordinance, order, rule, regulation or requirement so long as the authority shall have received an opinion of Authority counsel to the effect that such failure to comply during the period of such contest will not materially impair the use or the revenue=producing capacity of the System. 14. Consultants. The Authority agrees to employ such accountants, consulting engineers and attorneys and to at give them such access to the System as necessary to perform the duties imposed on them by this Lease. 15. Contracts, Leases, and Other Agreements; Water Supply Agreements. The Authority may contract or agree for the performance by others of operations or services in connection with the System or any part thereof for any lawful purpose; provided, however, that the Authority shall remain fully obligated and responsible under this lease to the same extent as if such lease or contract had not been executed. 16. Payment of Charges and discharge of Liens. The Authority shall pay or cause to be discharged, or shall make adequate provision to satisfy and discharge, within 60 days after the same shall become due and payable all lawful costs, expenses, liabilities and charges relating to the maintenance, repair, replacement, improvement and operation of the System and all lawful claims and demands for labor, materials, supplies or other objects that might by law become a lien upon the System or System revenues if unpaid, provided that nothing contained in this paragraph shall require the Authority to pay or cause to be discharged, or make provision for the satisfaction and discharge of any cost, expense, liability, or charge so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings in the same manner as is hereinafter provided for the contest of liens and encumbrances. If any lien not specifically permitted hereby is filed or asserted against the System or System revenues or any part of the foregoing by reason of labor, materials, supplies or other items supplied or claimed to have been supplied on or to the System at the request or with the permission of the Authority or of anyone claiming to act for the Authority, then within 30 days after it receives notice of the filing or the assertion thereof, the Authority shall cause the same to be discharged of record or effectively prevent the enforcement or foreclosure thereof against the System or System revenues, or any part of the foregoing, by contest, payment, deposit, bond, order of court or otherwise. Nothing in this Section shall require the Authority to satisfy or discharge any such lien, encumbrance, charge, claim or demand so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, and the Authority shall have received an opinion of Authority Counsel to the effect that such contest does not jeopardize the interests of the authority, in the System or System revenues or any part of the foregoing; provided that prior to such contest the Authority shall have prevented the foreclosure or enforcement of any lien, claim, encumbrance, charge or demand against the Authority by payment or order of court, or by depositing with an escrow agent, an amount sufficient to satisfy or discharge such lien, claim, encumbrance, charge or demand, or by obtaining a surety bond in an amount sufficient to satisfy the same. 17. Easements. To the extent permitted by law and for a public purpose, the Authority may lawfully grant or release, as the case may be, with or without consideration, easements, rights of way, licenses or other rights over, upon or beneath the surface of the land constituting a part of the System, provided that the efficient operation of the System shall not be thereby impaired. 18, Eminent Domain. (a) If any public authority or entity, in the exercise of its powers of eminent domain, takes or damages the System, or any material part thereof, the Authority shall take, or cause to be taken, prompt and appropriate measures to protect and enforce its rights and interests in connection with any condemnation proceedings, and the Authority shall cooperate with the Town in the protection of their mutual rights and interests. Prompt written notice of any taking or damaging of any material part of the System or of any official notice of any proceeding thereof of any public instrumentality, body, agency or officer shall be given to the Town and to the other interested party by the party first informed thereof. (b) Immediately after any such taking or damaging of the System, the Authority shall either replace, repair, rebuild or restore the System or cause the: net proceeds of any award or compensation resulting from any such taking or damaging (being the total proceeds therefrom less all reasonable and necessary legal and other costs and expenses incurred by the Authority in connection with such taking or damaging) to be applied to the redemption of bonds, or if no bonds are outstanding, to be deposited to the Authority's general fund. 19. Event of Default. Each of the following events is hereby declared an "Event of Default": (a) payment of the interest on any bonds of the Authority shall not be made when the same shall become due and payable; (b) payment of the principal of, or the redemption premiurn, if any, on any bands of the Authority shall not be made when due and payable, whether at maturity, by proceedings for redemption, or pursuant to a sinking fund requirement or otherwise; (c) failure of the Authority to perform, observe or comply with any of the other covenants, agreements, conditions or provisions in this lease and the continuance thereof for a period of 30 days after receipt by the Authority of a Notice from the Town specifying such default and requesting that it be corrected; provided, however, if prior to the expiration of such 30-day period the Authority institutes action reasonably designed to cure such default, no "Event of Default" shall be deemed to have occurred upon the expiration of such 30-day period for so long as the Authority pursues such curative action with reasonable diligence and provided that such curative action can be completed within a reasonable time; (d) The discontinuance of the operation and maintenance of the System, without cause, for a continuous period of 5 days after receipt by the Authority of a written notice from the Town specifying such default and requesting that it be corrected; (e) an order or decree shall be entered, with the consent or acquiescence of the Authority, appointing a receiver or receivers of the Authority or of the Authority's revenues, or if such order or decree, having been entered without the consent or acquiescence of the authority, shall not be vacated or discharged or stayed on appeal within sixty (60) days after the entry thereof; (f) any proceeding shall be instituted, with the consent or acquiescence of the Authority, for the purpose of effecting a composition between the Authority and its creditors orfor the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted; or (g) any court of competent jurisdiction shall assume custody or control of the Authority or of the whole or any substantial part of its property or the System, under the provisions of any other law for the relief or aid of debtors, and such custody or control shall not be terminated within sixty (60) days from the date of assumption of such custody or control. 20. Remedies. Upon the occurrence of any Event of Default, the Town may, upon notice to the Authority, terminate this Lease and upon such termination, the Authority shall deliver the Leased Assets to the Town "as is"; provided, however, that before the termination of this Lease shall become effective:, (A) the Authority, the Town and any other units of government to which or to whose citizens the Authority provides utility service shall have entered into an agreement(s) addressing (i) the disposition of the Authority's debt and non - tangible assets, (ii) the continued operation by the Authority of the remainder of its System or the disposition of the remainder of the System if not to be operated and maintained by the Authority, and (iii) the method of joint ownership/operation and maintenance of those portions of the Leased Assets (and the remainder of the System if not to be operated and maintained by the Authority) which provide common service to more than one member government of the Authority or its citizens, and (B) the agreement(s) required by this paragraph must be approved by the Trustee under the General Trust Indenture of the Authority dated as of dune 15, 2004. 21. No Transfer or Encumbrance by the Town. The Town shall not voluntarily transfer, convey or encumber or suffer the involuntary transfer, conveyance or encumbrance of the Leased Assets. 'The Authority shall be entitled to take such legal action in the name of the Town as it deems appropriate to protect the Leased Assets from such transfer, conveyance or encumbrance. 22. Utilities. The Authority shall provide all electricity and other utilities needed for the operation of the Leased Assets [Joint Use Facilities]. 23. Pledge of Leased Assets. The Authority may pledge and encumber the System (including the Leased Assets) and the revenues thereof to secure bond and other indebtedness of the Authority. The Authority may also pledge and mortgage its interest in this Lease to secure such indebtedness. All such pledges and encumbrances shall be superior to this Lease and to all rights and interest of the Town herein; provided, however, that the bond indenture or other documents evidencing and securing such indebtedness contain a provision to the effect that upon the occurrence of any event of default under and bond, note, indenture or other security or related loan/bond document, the trustee or the holder of such indebtedness, as the case may be, shall provide the Town with written notice of such default and the Town shall have the right to cure such event of default within the cure period granted to the. Authority in such indenture or other document. 24. Incor oration by Reference. The terms of the Agreement to Lease are incorporated herein by reference and made a part hereof. 25. Notices. Ali notices ("Notice") or other communications which are required or permitted hereunder shall be in writing and sufficient if (a) delivered personally or (b) sent by registered or certified mail, postage prepaid, or (c) seat by overnight courier with a nationally recognized courier, or (d) via facsimile confirmed i€- writing in any of the foregoing manners, as follows; If to the Town: with copies to: If to the Authority: PO Box 7227 Jacksonville, NC 28540 With a copy to: Hogue, Hill, Jones, Nash & Lynch, L.L.P. 101 South Third Street P. O. Drawer 2178 (28402) Wilmington, NC 28401 Attention: William O. J. Lynch Any party may change its address for purposes of Notice by giving notice in accordance with the provisions of this Section. Any Notice will be deemed to be given when received, if personally delivered or sent by telecopy, and, if mailed, five days after deposit in the United States mail, properly addressed, with proper postage affixed. 26. No Waiver. No failure by either party to insist upon the strict performance of any provision of this Lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such breach of such provision. 27. Further Assurances. The Town shall cooperate with the Authority and the Authority's lenders to make such modifications to this Lease as may be required to facilitate financing by the Authority to the extent such requested modifications do not increase the costs to the Town and are otherwise consistent with the purpose and intent of this Lease. 28. Disputes. Any disputes involving the operation, effect, extension, or termination of this Agreement shall be submitted to mediation as a explicit condition precedent to litigation. 29. Quiet Enjoyment. So long as the Authority has not committed an Event of Default, it shall have the quiet and peaceful enjoyment of the Leased Assets, free from any interference whatsoever from the Town. 30. Holding Over. In the event the Authority holds over after the expiration of the original or the extended term of this Lease, this lease shall become a lease from year to year. 31. Successors. The terms of this Lease are binding on the successors and assigns of the Town and the Authority. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO CAPITAL LEASE AGREEMENT BETWEEN ®NWASA AND HOLLY RIDGE] IN WITLESS WHEREOF, the parties hereto have caused this Agreement to be daily executed as of the day and year first above written, TOWN: TOWN OF HOLLYRIDGE - r AUTHORITY. ONSLOW WATER AND SEWER AUTHORITY Its: Title:_ �VAo:,e mo - STATE OF NORTH CAROLINA COUNTY OF _DAS_I a c3 I, / P" naf �i n , a Notary Public of the County and State aforesaid, certify that -- me personally came before me this tia7a and acknowledged that _he is -Mayor of the Town of Holly Ridge, a municipal corporation, and that and that hefshe, as Mayor, Being authorized to do so, executed the foregoing on behalf of said ,Town of Holly Ridge. WITNESS my hand and official stamp or seal the Y r fir NNrlilfrl., r4��Y W y �V ®-J r„ �j[CIaR �Ify-J ' rtif l•Nr,r4 { . (SEANi a ),4e- Notary Public . 810 1, k�e 6, r- , .��a Notary Public of the county and state aforesaid, certify that e-� personally came before me this day and acknowledged that he is the Chairman of Onslow Water and Sewer Authority, a body corporate and politic, and that he, as Chairman, being authorized to do so, executed the foregoing on behalf of said Onslow Water and Sewer Authority. WITNESS my hand and seal, this the clay of , 24cy;:- My commission expires: J$ b (SEAL_) Notary Public