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HomeMy WebLinkAboutWQ0024756_Final Permit_20120326Beverly Eaves Perdue Governor 4sr North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Director March 26, 2012 Fred M. Bunn, Manager FMB at The Grove, LLC. 2231 Nash Street, NW, Suite D Wilson, North Carolina 27896 David Walker, Town Manager Town of Atlantic Beach Post Office Box 10 Atlantic Beach, North Carolina 28512 Dear Mr. Bunn and Mr. Walker: Dee Freeman Secretary Subject: Permit No. WQ0024756 The Grove Wastewater Treatment and High -Rate Infiltration System Carteret County In accordance with your permit application name change request received on March 9, 2012 and your minor modification request received February 10, 2012, we are forwarding herewith Permit No. WQ0024756 dated March 26, 2012, to FMB at The Grove, LLC. and the Town of Atlantic Beach for the continued operation of the subject wastewater treatment and high -rate infiltration facilities. The minor modification to the subject permit is reducing the drain field area from 24,282 square feet to 24,258 square feet to accommodate setback requirements as well as constructing a concrete block retaining wall around the disposal areas. Please note the Permittees have been changed from FMB of Atlantic Beach, LLC. and Town of Atlantic Beach to FMB at the Grove, LLC. and the Town of Atlantic Beach. Please note that on August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State," was enacted by the General Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the expiration date, of certain government approvals and permits. In addition, Session Law 2010-177 extended the Act by another year. Permit No. WQ0024756 falls within the scope of this Act and the expiration date has been extended until March 31, 2014. A renewal application must still be submitted six months in advance of the extended expiration date. This permit shall be effective from the date of issuance until March 31, 2014 shall void Permit No. WQ0024756 issued May 3, 2006 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 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 One Phone: 919-807-64641 FAX: 919-807-6496 NorthCarolina Internet: www.ncwaterauality.org An Equal Opportunity \ Affirmative Action Employer �lltzlll�allff Mr. Bunn and Mr. Walker March 26, 2012 Page 2 of 2 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. For your convenience, customized electronic copies of your facility's NDMR, and NDAR-1 reporting forms are available for download at: http://portal.ncdenr.or web/wq/aps/lau/reporting. Please note that monitoring requirements outlined in the Attachments of this permit reflect the most recent monitoring requirements for the non -discharge facilities. The following permit conditions are new since the last permit issuance: ➢ Settable Solids is no longer a monitoring requirement for the effluent on Attachment A. ➢ Total Organic Carbon (TOC) is not longer a monitoring requirement for the effluent on Attachment A. ➢ Monitoring frequency for pH has been changed from 3 times per week to 5 times per week. ➢ A monitoring frequency for Volatile Organic Compounds has been added to Attachment C. 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. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Alice M. Wessner at (919) 807-6425 or alice.wessner@ncdenr.gov. Sincerely, harles Wakild, P.E. cc: Carteret County Health Department Wilmington Regional Office, Aquifer Protection Section Ronald D. Cullipher, PE, Stroud Engineering, PA., Hestron Plaza Two, 151-A Hwy24, Morehead City, North Carolina 28557 Permit File WQ0024.756 Notebook File WQ0024756 ENVIRONMENTAL MANAGEMENT COMIVIISSION 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 i at theand Town of Atlantic BeacY CountyCarteret FOR THE continued operation of a 120,000 gallon per day (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 24,000 square feet of drip irrigation area to serve The Grove, with no discharge of wastes to surface waters, pursuant to the permit application name change request received on March 9, 2012 and the minor modification request received February 10, 2012, and inconformity with the project plans, 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 31, 2014, shall void Permit No. WQ0024756 issued May 3, 2006 and shall be subject to the following specified conditions and limitations - I. SCHEDULES In accordance with 15A NCAC 02T .0116, upon completion of construction and prior to operation of this permitted facility, a certification (attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the permitted facility has been installed in accordance with this permit, Division approved plans and specifications, and other supporting documentation, including the location of all monitoring wells as applicable. If this project is to be completed in phases and partially certified, the Permittee shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. WQ0024456 Version 1.2 Shell Version 120224 Page l of 10 2. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the installed facilities such that an in -place inspection can be made. Notification to the Aquifer Protection Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 3. The Wilmington Regional Office, telephone number (910) 796-7215, shall approve monitoring wells MW-1, MW-2 and MW-3 prior to installation, and the monitoring wells shall be installed prior to beginning waste disposal operations. The regional office shall be notified at least 48 hours prior to the construction of any monitoring well, and such notification to the Aquifer Protection Section's regional. supervisor shall be made from 8:00 a.m-_ until 5:00 p.m. on Monday through Friday, excluding State Holidays. The monitoring wells 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, and in accordance with 15A NCAC 02C .0108. The general location and name for each monitoring well is marked on Figure A. 4. Within 60 days of completion of the monitoring wells, the Permittee shall submit two original copies of a site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be granted upon prior approval for large properties. At a minimum, the map shall include the following information: a. The location and identity of each monitoring well. b. The location of major components of the waste disposal system. c. The location of property boundaries within 500 feet of the disposal areas. d. The latitude and longitude of the established horizontal control monument. e. The elevation of the top of the well casing (i.e., measuring point) relative to a common datum. f. The depth of water below the measuring point at the time the measuring point is established. g. The location of compliance and review boundaries. h. 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 taking place on the property. The map and any supporting documentation shall be sent to the Division of Water Quality, Aquifer Protection Section; 1636 Mail Service Center, Raleigh, NC 27699-1636. 5. 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. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the declarations and bylaws documenting compliance with the attached Operational Agreement. 6. In accordance with 15A NCAC 02H .0404(e), if the subject wastewater treatment or infiltration facilities are in noncompliance with the terms and conditions of this permit, governing statutes or regulations, the subject facilities shall be connected to an operational publicly owned wastewater - collection-system-within-1-80-days--of-its -availability: ---Prior--to-the-initiation--of-these--connection- activities, appropriate Division approval shall be received. WQ0024456 Version 1.2 Shell Version 120224 Page 2 of 10 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 infiltration 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 infiltration facilities. 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. 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. 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 in accordance with 15A NCAC 02T .0400. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 02T .0403. 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 groundwater or surface water standards. b. A map of the sewer system shall be developed and actively maintained. c. An operation and maintenance plan shall be developed, implemented and maintained. d. Pump stations not connected to a telemetry system shall be inspected every day (i.e., 365 days per year). Pump stations connected to a telemetry system shall be inspected at least once per week. e. High -priority sewers shall be inspected at least once every six months. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the Wilmington Regional Office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required per North Carolina General Statute § 143-215.1 C. h. A grease control program shall be developed, implemented and maintained. i. Right-of-ways and easements shall be maintained. j. Inspection and maintenance records for Conditions II.4.a. through II.4.i. shall be maintained for a period of at least three years, except for Conditions II.4.b. and 11.4.c., which shall be maintained for the life of the system. 5. Effluent limitations shall not exceed those specified in Attachment A. 6. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. 7. The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 8. The infiltration system shall be connected to a rain or moisture sensor, which shall indicate when effluent application is not appropriate in accordance with Conditions I11.4. and II1.5. of this permit. WQ0024456 Version 1.2 Shell Version 120224 Page 3 of 10 9. A usable green area shall be maintained for effluent disposal. The green area shall have the capability of accommodating the facility's average daily flow without exceeding the green area loading rates. As defined in 15A NCAC 02H .0404(g)(7), a "green area" 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. 10. As a co-permittee, 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. 11. The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC 02L .0107(b). 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. 12. 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. 13. 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. 14. 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). 15. 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 Carteret 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. 16. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for high -rate infiltration sites permitted under 15A NCAC 02T .0700 shall be as follows (all distances in feet): i. Any on -property residential units that are to be sold (e.g. condominiums, 10 subdivisions): ii. Any impounded public surface water supply or public shallow (less than 50 feet - ---------- - ---- - deep) ground water supply: _ iii. Any private or public water supply source: 100 iv. Any streams classified as WS or B: 200 v. Mean high water and any "SA" or "SB" classified surface waters: 200 vi. Normal high water and any other stream, canal, marsh, or coastal waters: 200 vii. Normal high water and any Class I or Class II impounded reservoir used as a source 200 of drinking water: viii. Any other lake or impoundment: 200 WQ0024456 Version 1.2 Shell Version 120224 Page 4 of 10 The setbacks for high -rate infiltration sites permitted under 15A NCAC 02T .0700 shall be as follows (all distances in feet) continued: ix. Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 200 x. Subsurface groundwater lowering drainage systems: 200 xi. Any property line 50 xii. Public right -of way: 50 xiii. Surface water diversions (ephemeral streams, waterways, ditches) 50 b. The setbacks for storage and treatment units permitted under 15A NCAC 02T .0700 shall be as follows (all distances in feet): i. Any property line: 50 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 Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0707, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. 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. 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 infiltration system. 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the infiltration sites listed in Attachment B. 5. Infiltration shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. 6. All infiltration equipment shall be tested and calibrated at least once per permit cycle. 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. 7. Only effluent from The Grove WWTF shall be infiltrated on the sites listed in Attachment B. 8. An automatically activated standby power source capable of powering all essential treatment units 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. 9. No automobiles or machinery shall be allowed on the infiltration sites except during equipment installation or while maintenance is being performed. 10. Public access to the infiltration sites and wastewater treatment facilities shall be prohibited. WQ0024456 Version 1.2 Shell Version 120224 Page 5 of 10 11. 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 .0708. 12. Diversion or bypassing of untreated or partially ,treated wastewater from the treatment facilities is prohibited. 13. 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. 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. 2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. 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. 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. 5. The Permittee shall maintain adequate records tracking the amount of effluent infiltrated. At a minimum, these records shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration; b. Volume of effluent infiltrated; c. Site infiltrated; ^-_--- 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. WQ002445.6 Version 1.2 Shell Version 120224 Page 6 of 10 6. 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) 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 Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. 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. 8. 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 and results of power interruption testing on alternate power supply; b. Date of calibration of flow measurement device; c. Visual observations of the plant and plant site; and d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). 9.. Monitoring wells shall be sampled after construction and within 3 months prior to initiating non - discharge disposal operations. Monitoring wells shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure A. 10. For initial sampling of monitoring wells, the Permittee shall submit a Compliance Monitoring Form (GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW-59) without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be returned to the Permittee without being processed. 11. 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 Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 WQ0024456 Version 1.2 Shell Version 120224 Page 7 of 10 V. 12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each infiltration 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 13. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is 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 infiltration sites. f. Effluent breakout from the infiltration basin(s). 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 be taken to ensure the problem does not recur. 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and infiltration facilities. 2. The Permittee or their designee shall inspect the wastewater treatment and infiltration 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—ineludes--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. 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 infiltration 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. WQ0024456 Version 1.2 Shell Version 120224 Page 8 of 10 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. 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. 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). 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 the Division's 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. 5. 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. 6. The, Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority pursuant to 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. 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). 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 pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the 26th day of March 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION n IYA r harl akild, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0024756 WQ0024456 Version 1.2 Shell Version 120224 Page 9 of 10 Permit No. WQ0024756 Wastewater Treatment and High Rate Infiltration FMB at the Grove, LLC. and Town of Atlantic Beach March 26, 2012 The Grove WWTF Carteret County ENGINEERING CERTIFICATION ❑ Partial ❑ Final In accordance with 15A NCAC 02T .0116, I,_ as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the best of my abilities that due care and diligence was used in the observation of the construction, such that the facility was built within substantial compliance and intent of this permit, the Division approved plans and specifications, and other supporting documentation. ❑ Any variation to this permit, the Division approved plans and specifications, and other supporting documentation has been documented in the attached as -built drawings, and shall serve as the Permittee's minor modification request to amend the permit accordingly. Provide'a brief narrative description of any variations: THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AQUIFER PROTECTION SECTION LAND APPLICATION UNIT By U.S. Postal Service: By Courier/Special Delivery: 1636 MAIL SERVICE CENTER 512 N. SALISBURYST.' RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 21604 WQ0024456 Version 1.2 Shell Version 120224 Page 10 of 10 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— The Grove WWTF Permit Number: WQ0024756 Version: 1.2 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 50050 Flow, in a conduit or through a treatment plant 105,420 gpd gpd gpd gpd Continuous Recorder 00310 BOD, 5-Day (20 Deg. C) 10 mg/l mg/1 mg/l mg/l 2 x Month' Composite 00940 Chloride (as Cl) mg/1 mg/l mg/l mg/1 3 x Year2 Grab 50060 Chlorine, Total Residual mg/1 mg/1 mg/1 mg/l 5 x week Grab 31616 Coliform, Fecal MF-FC Broth, 44.5C 14 #/100ml #/100m1 #/100m1 25 #/100rr11 2 x Month' Grab 00610 Nitrogen, Total Ammonia (as N) 4 mg/1 mg/1 mg/l mg/l. 2 x Month' Composite 00620 Nitrogen, Nitrate Total (as N) 10 mg/l mg/l mg/l mg/1 3 x Year2 Grab 00400 pH s.u. S.U. 6 s.u. 9 s.u. 5 x week Grab 70295 Solids, Total Dissolved mg/1 mg/l mg/l mg/l 3 x Yearn Grab 00530 Solids, Total Suspended 20 mg/1 mg/l mg/1 mg/1 2 x Month' Composite 1. 2 x Month sampling frequency only during the months of April through October. During the remainder of the year, these parameters shall be monitored monthly. 2. 3 x Year sampling shall be conducted during February, June and October. WQ0024756 Version 1.2 Attachment A Page 1 of 2 0') ANT x i .���`► WQ0024756 Version 1.2 Attachment A Page 2 of 2 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0024756 Version: 1.2 FMB at the Grove, LLC. and Town of Atlantic Beach — The Grove WWTF INFILTRATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units A FMB at the Grove, LLC. Carteret 34051'55" 76044'20" 0.55 Corolla 01284 - Non -Discharge Application Rate 0.34 124.1 inches Total 0.55 WQ0024756 Version 1.2 Attachment B Pagel of 2 WQ0024756 Version 1.2 Attachment B Page 2 of 2 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring wells: MW-1, MW-2, MW-3 Permit Number: WQ0024756 Version: 1.2 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 82546 Water level, distance from measuring point feet 3 x year Calculated 1,2 00400 pH 6.5-8.5 s.u. 3 x year Grab 1,2 31616 Coliform, Fecal MF, M-FC Broth, 44.5 C #100/ml 3 x year Grab 1 70300 Solids, Total Dissolved —180 Deg. C 500 mg/l 3 x year Grab 1 00680 Carbon, Total Organic (TOC) mg/I 3 x year Grab 1,5 00940 Chloride (as Cl) 250 mg/1 3 x year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1500 mg/I 3 x year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/1 3 x year Grab 1 00665 Phosphorus, Total (as P) mg/1 3 x year Grab 1 78732 Volatile Compounds (GC/MS) mg/l Annually Grab 1,3,4 1. 3 x Year monitoring shall be conducted in February, June and & October; Annual monitoring shall be conducted every October. 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. Volatile Organic Compounds (VOC) - In October only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/L or less b. Standard Method 6210D, 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 Aquifer Protection Section Chief Any method used must meet the following qualifications: a. A laboratory must be DWQ 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 the DWQ Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported. 4. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Wilmington Regional Office Aquifer Protection Supervisor, telephone number (910)796-7215, must be contacted immediately for further instructions regarding any additional follow-up analyses required. 5. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. 6. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure A and this attachment. WQ0024756 Version 1.2 Attachment C Page 1 of 1 The Grove WQ0024756 600 300 0 .00 Feet a�t'4=„�u..�k�-,,..�.'N"'�."�-a`3���s"'`�'� GGK Jan05 r A+6 STATE OF NORTH CAROLINA MAR 0 9 2012 COUNTY OF Carteret Aquifer Protection Section Permit No. WQ0024756 OPERATIONAL AGREEMENT of This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this @ I M day /Aar,C.k aV 13 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and FMB at The Grove, LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter ]mown as the DEVELOPER. WITNESSETH: 1. 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 a 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 of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Unit Owners' Association) The Grove 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. 6. 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. 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. FORM: DEV 01-12 Page I of 2 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 fled at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION �" -4-" �" uck Wakild, Director Division of Water Quality 3/a7 /X0la, (Date) FMB at The Grove, LLC Name of DEVELOPER By: 41,� (Signature) Fred M. Bunn, Manager Member Print Name and Title 31(311-Z' (Date) FORM: DEV 0 1- 12 Page 2 of 2