WQ0024756_Final Permit_20050427

OF Michael F. Easley, Governor
William G. Ross Jr., Secretary
Noah Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.. Director
O� Division of water Quality
April 27, 2005
Fred M. Bunn
FMB of Atlantic Beach, L.L.C.
2207-D West Nash Street
Wilson, NC 27896
Charles Cooper, II
PO Box 10
Atlantic Beach, NC 28512
Subject: Permit No. WQ0024756
The Grove
Wastewater Treatment and High Rate
Infiltration Facilities
Carteret County
Dear Mr. Bunn and Mr. Cooper:
In accordance with your permit application received January 4, 2005, and subsequent additional
information received March 9, 2005, April 7, 2005 and April 25, 2005 we are forwarding herewith Permit No.
WQ0024756, dated April 27, 2005, to FMB of Atlantic Beach, L.L.C. and the Town of Atlantic Beach for the
construction and operation of the subject wastewater treatment and high rate infiltration facilities.
This permit shall be effective from the date of issuance until March 30, 2010, 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.
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.
NOnehCaro ina
tlll'6C��;
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: h2o.ennstate.nc.us 2729 Capital Boulevard Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Michelle McKay at [phone] extension 715-6187.
Sincere
Alan W. Klime , P.E.
cc: Carteret County Health Department
Wilmington Regional Office, Aquifer Protection Section
Ronald D. Cullipher, P.E., Stroud Engineering, P.A.
Technical Assistance and Certification Unit
Aquifer Protection Section Central Files
LAU Files
2

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
HIGH RATE INFILTRATION 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
FMB of Atlantic Beach, L.L.C. and Town of Atlantic Beach
Carteret County
FOR THE
construction and operation of a 105,420 GPD wastewater treatment and high rate infiltration facility consisting of
one 36,346 gallon flow equalization basin with two (2) 125 GPM pumps and one 7.5 horsepower (HP) aerator, a
manually cleaned bar screen, a flow splitter box, two (2) 58,643 gallon aeration tanks with two (2) 140 GPM
pumps and three (3) 15 HP aerators, two (2) 13,100 gallon clarifiers each with two 27 GPM waste sludge pumps
and each with one 111.11 GPM return sludge pump, a 29,930 gallon sludge holding basin with one 10 GPM
pump and three (3) 15 HP aerators, tertiary treatment to include one sand filter air scour blower with a 3 HP
motor, ultraviolet disinfection, a 3,360 gallon clear well with two (2) 336 GPM pumps, a 5,446 gallon mudwell
with two (2) 50 GPM pumps, an 11,440 gallon irrigation pump tank with one 152 GPM pump, audible and visual
high water alarms, a permanent auxiliary power source with automatic transfer switch capable of powering all
essential units and 21,313 square ft of drip irrigation area to serve The Grove, with no discharge of wastes to the
surface waters, pursuant to the application received January 4, 2005, and subsequent additional information
received by the Division, and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and considered a part
of this permit.
This permit shall be effective from the date of issuance until March 30, 2010, and shall be subject to the
following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1_ Upon completion of construction and prior to operation of this permitted facility, a certification must
be received from a professional engineer certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting materials. If
this project is_tobe_completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit and shall provide a final certificate of
- -.. -
completion. once the enure Project has been com 1p etecl. Mail the Certification to the Aquifer
Protection Section, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636.

2. The Wilmington Regional Office, telephone number [phone], shall be notified at least forty-
eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be
made. Such notification to the regional supervisor shall be made during the normal office hours frorn
8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays,
3. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective actions, including those actions that
may be requited by the Division of Water Quality (Division), such as the construction of
additional or replacement wastewater treatment or disposal facilities.
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to
land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L
.0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed prior to operation of this permitted facility and shall
be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365
days a year). Pump stations that are connected to a telemetry system shall be inspected at least
once per week.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be- conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute § 143-215.1C.
5. This permit shall become voidable if the soils fail to adequately assimilate the wastes and may be
rescinded unless the facilities are installed, maintained, and operated in a manner which will protect
the assigned water quality standards of the surface waters and ground waters. The ponding of
wastewater on the surface of the distribution field when the dosing cycle commences shall be
considered as evidence of failure of the soils to adequately assimilate the wastewater. Additionally,
such failure shall be interpreted as a violation of this permit condition.
6. The residuals generated frog► these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
7. Adequate measures shall be taken to divert stormwater from the high rate infiltration area and to
prevent wastewater runoff.
Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
9. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
or groundwaters resulting from the operation of this facility.
2

F 10. The following buffers shall be maintained:
a. 10 feet between high rate infiltration unit and any on -property residential units that are to be sold
(e.g., condominiums, subdivisions),
b. 500 feet between high rate infiltration unit and any impounded public surface water supply or
public shallow (less than 50 feet deep) ground water supply,
c. 100 feet between high rate infiltration unit and any private or public water supply source,
d. 200 feet between high rate infiltration unit and any streams classified as WS or B,
e. 200 feet from mean high water between high rate infiltration unit and any "SA" or "SB" classified
surface waters,
f. 200 feet from normal high water between high rate infiltration unit and any other stream, canal,
marsh, or coastal waters,
g. 200 feet from normal high water between high rate infiltration unit and any Class I or Class II
impounded reservoir used as a source of drinking water,
h. 200 feet between high rate infiltration unit and any other lake or impoundment,
i. 200 feet between high rate infiltration unit and any Drainage systems (ditches, drains, surface
water diversions, etc.) and from any groundwater lowering and surface drainage ditches,
j. 50 feet between high rate infiltration unit and property lines,*
k. 50 feet between treatment units and property lines, ands`
1. 50 feet between high rate infiltration unit and public right of ways.*
*Except where a Buffer Waiver Form (BWF 09-02) has been properly recorded with the Register of
Deeds.
11. A usable green area shall be maintained for wastewater disposal. The green area shall have the
capability of accommodating the average daily flow of the facility being served without exceeding
the loading rates of the green area. A "green area", as defined in 15A NCAC 2H .0404 (g)(7), is an
area suitable for waste disposal, either in its natural state or which has been modified by planting a
vegetative cover of grasses or low growing shrubbery.
12. The Association Bylaws shall include a statement referencing the funds that shall be set aside in the
event the green area needs to be utilized.
13. The Association Bylaws shall be submitted with the Engineer's Certification of Completion prior to
operation.
14. As a co-pern-ittee, the Town of Atlantic Beach shall be fully responsible for the encroachment
agreement with the North Carolina Department of Transportation in the event the green area is
needed. This responsibility shall include full oversight of installation, operation and maintenance of
the sewer line running from the wastewater treatment facility to the green area.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times.
2. Upon classification of the wastewater treatment and spray irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s)
to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC 80 .0204 or as specified in this permit and shall comply
with all other conditions specified in these rules.
3. The application rates for the high rate infiltration system shall not exceed 124.1 inches over
any twelve (12) month period at an instantaneous application rate not to exceed .34 inches per
hour.

4. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater outside of the high rate infiltration disposal area, which result from the
operation of this facility.
5. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
6. The screenings removed from the wastewater treatment plant shall be properly disposed in a sanitary
landfill or by other means that have been approved by this Division.
7. An autornatically activated standby power source shall be on site and operational at all times. If a
generator is employed as an alternate power supply, it shall be tested weekly by interrupting the
primary power source.
8. Diffusers shall be cleaned as needed to ensure that adequate aeration is provided. Records of this
maintenance shall be maintained by the Permittee.
III. MONITORING AND REPORTING REQUIREMENTS
Any monitoring deemed necessary by the Division to insure surface and ground water protection will
be established and an acceptable sampling reporting schedule shall be followed.
2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form
NDMR.
The Permittee shall install an appropriate flow measurement device consistent with approved
engineering and scientific practices to ensure the accuracy and reliability of influent flow
measurement. Flow measurement devices selected shall be capable of measuring flows with a
maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of
once per year, and maintained to ensure that the accuracy of the measurements is consistent with the
accepted capability of that type of device. Records of flow measurement device calibration shall be
kept on file by the Permittee for a period of at least three years. At a minimum, data to be included in
this documentation shall be:
a. Date of flow measurement device calibration
b. Name of person performing calibration
c. Percent from true flow
3. As an indicator of proper operation and maintenance, the facility shall produce all effluent in
compliance with the following limitations:
Parameter
Monthly Average ; Daily Maximum"
Flow
105,420 GPD
BOD5 (5-day, 20°C)
10 mg1l
NH3 as N
4 mg/l
NO3
10 mgll
TSS
20 mg/I
Fecal Coliform
14 per 100 ml b 43 per 100 ml
The effluent pH shall not be
less than 6.0 standard units nor greater than 9.0 standard units.
.:
Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected
during the reporting period.
b
Monthly average for fecal coliform shall be the geometric mean of all samples collected during the
reporting period.
4

Daily maximum shall be the maximum value of all samples collected during the reporting period.
The effluent from the subject facilities shall be monitored, by the Permince, at the point prior to
irrigation for the following parameters:
Parameter
Sampling Point
Sampling Frequency
Type of Sam lie
Flow
Influent or Effluent
Continuous
Recording
BOD5 (5-day, 20°C)
Effluent
�2/Month
Composite
NH3 as N
Effluent
"2/Month
Composite
TSS
Effluent
2/Month
Composite
Fecal Coliform
Effluent
*2/Month
Grab
Settleable Matter
Effluent
Daily
Grab
Residual Chlorine
Effluent
Daily
Grab
NO3
Effluent
Triannually
Grab
TDS
Effluent
Triannually
Grab
TOC
Effluent
Triannually
Grab
Chloride
Effluent
"Triannually
Grab
pH
Effluent
rTriannually
Grab
2/Month sampling frequency only during the months of April through October. During the
remainder of the year, these parameters shall be monitored monthly.
** Triannually sampling shall be conducted during February, June and October.
If Groundwater sampling indicates or predicts problems with compliance with of the Groundwater
Standards, this permit will be modified to include additional and/or more restrictive limitations.
4. Three (3) copies of all monitoring data (as specified in condition III 2) on Form NDMR-I and three
(3) copies of all operation and disposal records (as specified in condition III 4) on Form NDAR-2
shall be submitted on or before the last day of the following inonth. 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
5. A record shall be maintained of all residuals removed from this facility. The record shall include the
name of the hauler, the permit authorizing the disposal or a letter from a municipality agreeing to
accept the residuals, the date the residuals were hauled, and the volume of residuals removed.
6. A maintenance log shall be maintained at this facility including, but not limited to, the following
items:
a. Daily sampling results including dissolved oxygen in the aeration basin and at the clarifier weir;
b. Visual observations of the plant and plant site;
c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing,
diffuser inspections and cleanings, etc.);
d. Date of calibration of flow measurement device;
e. Date and results of power interruption testing on alternate power supply; and
5

7. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
395-3900, as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a basin or tank, the known passage of a slug of hazardous substance through the
facility, or any other unusual circumstances;
b. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators,
compressors, etc.;
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass of all or
any portion of the influent to such station or facility; or
d. Any time that self -monitoring information indicates that the facility is not in compliance with its
permit Iimitations.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or (9I9) 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.
GROUNDWATER REQUIREMENTS
Well Construction 1 Abandonment Criteria:
a. Prior to beginning waste disposal operations MW-1, MW-2 and MW-3 shall be installed to
monitor groundwater quality. The well(s) shall be constructed such that the water level in the well
is never above or below the screened (open) portion of the well at any time during the year. The
general location and name for each well is marked on Figure 1. Each monitoring well shall be
located at the Review boundary, constructed in accordance with this permit, and approved by the
Wilmington Regional Office.
b. The well(s) must be constructed by either a North Carolina Certified Well Contractor, the
property owner, or the property lessee according to General Statutes 87-98.4(b)(2). If the
construction is not performed by a certified well contractor, the property owner or lessee,
provided that they are a natural person, must physically perform the actual well construction
activities. All well(s) must be constructed according to the North Carolina Well Construction
Standards (15A NCAC 2C .0108) and any local county rules.
c. The Wilmington Regional Office, telephone number 1-910-395-3900, shall be notified at least
forty-eight (48) hours prior to the construction of any monitoring well so that an inspection can be
made of the monitoring well location. Such notification to the regional groundwater supervisor
shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through
Friday, excluding state holidays.
d. Within thirty (30) days of completion of all well construction activities, a certification trust be
received from a professional engineer or a licensed geologist certifying that the monitoring
well(s) are located according to this permit.
6

e. Monitor well(s) MW-1, MW-2 and MW-3 shall be sampled initially after construction and prior
to waste disposal operations, and thereafter every February, June and October for the parameters
listed below.
Chloride Total Dissolved Solids
Fecal Coliform Total Organic Carbon
Nitrate -Nitrogen Total Phosphorus
pH 'Water Level
Total Ammonia Nitrogen
Prior to sampling the parameters, the measurement of water levels must be taken. The depth to
water in each well shall be measured from the surveyed point on the top of the casing. The
measuring points (top of well casing) of all monitoring wells shall be surveyed relative to a
common datum.
f. For Total Organic Carbon (TOC), if concentrations greater than 10 mgll are detected in any
down -gradient monitoring well, additional sampling and analysis niust 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 down -gradient wells shall be subject to the additional sampling and
analysis as described above.
g. For Volatile Organic Compounds (VOCs) sampled in October, use only one of the following
methods:
I. Standard Method 6230D, Practical Quantitation Litnit (PQL) at 0.5 ug/L or less
2. Standard Method 6210, PQL at 0.5 ug/L or less
3. EPA Method 8 02 1, Low Concentration, PQL at 0.5 ugfL or less
4. EPA Method 8260, Low Concentration, PQL at 0.5 ug/L or less
5. Another method with prior approval by the Groundwater Section Chief.
Any of the referenced methods used for VOCs. must at a minimum, include all the constituents
fisted in Table VIII of Standard Method 6230D. Any method used must provide a PQL of 0.5
ugfL or less, which must be supported by laboratory proficiency studies as required by the DWQ
Laboratory Certification Unit. Any constituents detected above the Method Detection Limit
(MDL) but below the PQL of 0.5 ug/L must be qualified (estimated) and reported.
Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ)
certified for those parameters required.
2. Reporting / Documentation:
All reports and documentation (GW-1, GW-30, GW-59) shall be mailed to the following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Updated blank forms (GW-1, GW-30, GW-59) may be downloaded from the Groundwater Section's
website at htt12:Hgw.ehnr.state.nc.us/ or requested from the address mentioned above.

For the initial sampling of the well(s), the permittee shall submit a copy of the GW-1 Form (Well
Construction Record) with the Compliance Monitoring Form (GW-59) for each well to the address
listed in the "Reporting I Documentation" section of the Groundwater Requirements. Initial
Compliance Monitoring Forms that do not include copies of the GW-1 form may be returned to the
pert-nittee without being processed. Failure to submit these forms as required by this permit may
result in the initiation of enforcement activities pursuant to NC General Statutes 143-215.6A.
The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality
Monitoring: Compliance Report Form) by the Groundwater Section (address listed in the "Reporting i
Documentation" section of the Groundwater Requirements), on or before the last working day of the
month following the sampling month. The data of all groundwater sampling analyses required by the
permit conditions must be reported using the most recent GW-59 form along with attached copies of
the laboratory analyses.
Within sixty (60) days of completion of all monitoring well(s), the permittee shall submit two original
copies of a scaled site map (scale no greater than 1 =100'); however, special provisions may be
granted upon prior approval for large properties. The map(s) must include the following information:
1. The location and identity of each monitoring well.
2. The location of major components of the waste disposal system.
3. The location of property boundaries within 500 feet of the disposal area(s).
4. The latitude and longitude of the established horizontal control monument.
5. The elevation of the top of the well casing (which shall be known as the "measuring point")
relative to a common datum.
6. The depth of water below the measuring point at the time the measuring point is established.
7. The location of Review and Compliance boundaries.
8. The date the map is prepared and/or revised,
Control monuments shall be installed in such a manner and made of such materials that the
monument will not be destroyed due to activities that may take place on the property. Maps and any
supporting documentation shall be sent to the Groundwater Section as addressed in the "Reporting 1
Documentation" above.
The permittee is responsible for the geographic accuracy of any snap submitted, howeverproduced.
3. Vertical Separation Requiremeuts:
Waste shall not be applied or discharged onto or below the land surface when the vertical separation
between the waste and the seasonal high water table is less than one (1) foot.
4. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary for the
disposal system individually permitted on or after December 30, 1983 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 Quality Standards at or beyond the
Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2).
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 2L .0106(d)(1).

5. Additional Requirements:
Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain
an inspection log or summary including at least the date and time of inspection, observations made,
and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections
shall be maintained by the Permittee for a period of three years from the date of the inspection and
shall be made available to the Division or other permitting authority, upon request.
Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit, may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be sublrk tied to the Division
accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and
may or may not be approved.
4. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly
owned wastewater collection system within 180 days of its availability to the subject facilities, if the
subject wastewater treatment or disposal facilities are in noncompliance with the terms and
conditions of this non -discharge permit or the governing statutes or regulations. Prior to the initiation
of these connection activities, appropriate approval must be received from this Division.
The annual administering and compliance fee must be paid by the Pennittee within thirty (30) days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division to
initiate action to revoke this permit as specified by 15A NCAC 2H .0205 (c)(4).
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.

7. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state,
and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A
NCAC 213.0200, 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 213 .0200 and 2H .0500.
8. A ,set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of this project.
9. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described
therein, and if warranted, will extend the permit for such period of time and under such conditions
and Iimitations as it may deem appropriate.
Permit issued this the 27"' day of April 2005.
NORTH OLINA NVIRONMENTAL MANAGEMENT COMMISSION
Z�
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0024756
10

Permit No. WQ0024756
April 27, 2005
ENGINEER'S CERTII WNTION
Partial Final
1, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,
Project Nanne
Location and County
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and intent of
this permit, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.

STATE Off' NORTH CAROLINA
COUNTY OF CARTERET Permit No. W a po : q 7 5 In
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 71?4 day of
ARuk_ JA0' , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNES SETH:
The DEVELOPER is the owner of the certain lands lying in CARTERET County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as THE GROVE (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (THE GROVE Unit Owners' Association) (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction and repair.
b. 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 DEVELOPER do hereby mutually agree as follows:
1, The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the
DEVELOPER's successor.
Tlll? A 4 TlL', t f n1l In --I T]_ __ 7 _r n

4. 'The DEVELOPER 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.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of
the yearly budget.
6. In the event the common expense allocation and separate fund 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 provide that such special assessments can be made as necessary at any
time.
7. 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 DEVELOPER 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.
8. 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 DEVELOPER 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.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. 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 VIROYMENTAL
MANA NT go SSION
Alan W. Klimek, P.E., Director
Division of Water Quality
FMB of Atlantic Beach, LLC
Name of DEVELOPER
(Signature)
Fred M. Bunn, Manager Member
/Ii td rJPI--Z L M 4.-"'i3e6
Print Name and Title
b112o I.y--Of
(Date) (Date)
U7f-%n A ,r. TlC1 7 n-i /n-2 n r

The Grove
Atlantic Beach, Carteret County
WQ0024756
M
jO
. A 1111I111CLLC
s
..- 1,
l L
Prooed M�N
Y 40
Fj
. „ Pr osed'MW-1 Approximate location
of Drip Field
-
300 0 600 Feet
GGK Jan05