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HomeMy WebLinkAboutWQ0028693_Final Permit_20140926North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 26, 2014 Rob Duckett — General Manager Mountaintop Community Association, Inc 1638 High Mountain Drive Cashiers, NC 28717 Dear Mr. Duckett: John E. Skvarla, III Subject: Permit No. WQ0028693 Mountaintop Golf & Lake Club Non -Conjunctive Reclaimed Water Generation and Utilization System Jackson County In accordance with your permit major modification and renewal request received April 24, 2014, and subsequent additional information received July, 7, 2014 and September 16, 2014, we are forwarding herewith Permit No. WQ0028693 dated September 26, 2014, to Mountaintop Community Association, Inc. for the wastewater treatment plant improvement and continued operation of the subject non - conjunctive reclaimed water generation and utilization facilities. Please note the following permit conditions are new since the last permit issuance: Condition I.1 through I.6 — Regarding compliance schedules for the wastewater treatment plant improvement and relocation of monitoring well MW -1 (due to lack of adequate water level for sampling). ➢ Condition I.7 —Within 90 days of permit issuance, the Permittee shall submit a long-term (15 years or more with the ability to renew) agreements signed between the Permittee and Mountaintop Golf and Lake Club, LLC to ensure disposal and accessibility to irrigation areas located within the golf club. Condition II. 16 — Regarding requirements for landowner who is not the Perrnittee but owns land within the compliance boundary. Condition III.2 — Regarding requirements for Operation and Maintenance Plan. v Condition IIIA — A certified operator of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. ➢ Condition 111. 16 and 17 — Regarding requirements for an education program and notification procedure to inform users and public about the use of reclaimed water. v Condition IV.8(e) — Regarding record keeping of all unpennitted releases of reclaimed water to surface water or land surface. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-6464 \ Internet: http://portal.ncdenr.org/web/wo An Equal Opportunity \ Affirmative Action Employer— Made in part with recycled paper Mr. Duckett September 26, 2014 Page 2 of 2 Your permit's format has been updated to be consistent with the most current reclaimed water permit template, and rule references have been updated pursuant to the new 15A NCAC 02U rules that became effective July 18, 2011. This permit shall be effective from the date of issuance until August 31, 2019, 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. For your convenience, customized electronic copies of your facility's NDMR and NDAR-1 reporting forms are available for download at: http://portal.ncdenr.org/web/wq/aps/lau/reporting. 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 matter, please contact Chonticha McDaniel at (919) 807-6337 or chonticha.mcdaniel@ncdenr.gov. Sincerely, e— homas A. Reeder, Director Division of Water Resources cc: Jackson County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Williams G. Lapsley, PE — Williams G. Lapsley & Associates, P.A. (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files 'm Nei 11111111111111111111 012 Tri 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 Mountaintop itAssociation, Inc. Jackson County FOR THE construction and continued operation of a 120,000 gallon per day (GPD) wastewater treatment and reclaimed water utilization system consisting of: flow splitter box diverting flow to three (3) treatment trains each consisting of: a manually cleaned bar screen, one(1) 8,000 gallon flow equalization basin with two (2) 28 gallon per minute (GPM) pumps and one (1) 75 cubic feet per minute (CFM) blower, a 40,110 gallon extended aeration basin with two (2) 250 CFM blowers, two (2) 8,333 gallon clarifiers with two (2) return sludge pumps, a 3,000 gallon sludge holding basin with one (1) 75 CFM blower, two (2) 28 square foot (ft) tertiary filters (await replacement), one (1) 2,100 gallon clearwell with one (1) 210 GPM pump, one (1) 2,200 gallon mudwell with one (1) 60 GPM pump and one (1) 1,150 gallon chlorine contact basin (await replacement); all three (3) treatment trains shall be served by an effluent flow measuring device, a turbidity monitor, a diesel generator and an effluent lift station conveying flow to three (3) 1,267,000 gallon storage tanks providing approximately 33 days of storage, two (2) 300,000 gallon upset tanks, an 'irrigation pump station with two (2) 600 GPM pumps and audible/visual high water alarms serving 32 irrigation zones with a total area of approximately 118.9 acres and an irrigation rain sensor; wastewater treatment plant improvement consisting of. installation of an additional 8,000 -gallon supplemental flow equalization basin, a new tertiary sand filter to replace the existing mixed media filter system, and a new 2,215 -gallon chlorine contact chamber to replace the existing unit, to serve 800 bedrooms on 320 lots, a golf clubhouse and a golf maintenance facility at the Mountaintop Golf & Lake Club, with no discharge of wastes to the surface waters, pursuant to the application received April 24, 2014 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 pen -nit shall be effective the date of issuance until August 31, 2019, and shall be subject to the following specified conditions and limitations: WQ0028693 Version 2.0 Shell Version 140707 Page 1 of 12 I. SCHEDULES 1. Prior to August 31, 2015, the wastewater treatment plant improvement including installation of the supplemental flow equalization basin, new tertiary sand filter, and chlorine contact chamber, shall be completed. 2. In accordance with 15A NCAC 02T .0 116, upon completion of construction and prior to operation of the modified reclaimed water generation facilities, 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 Resources, Water Quality Permitting Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. 3. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the modified facilities such that an in- place inspection can be made. Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 4. Prior to August 31, 2015, the existing monitoring well MW -1 shall be permanently abandoned and relocated. Within 30 days of abandonment, a Well Abandonment Record (Form GW -30) listing this permit number and the appropriate monitoring well identification number shall be completed for each well abandoned and mailed to the Division of Water Resources, Water Quality Permitting Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. A North Carolina Certified Well Contractor shall abandon the monitoring wells according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. 5. The Asheville Regional Office, telephone number (828) 296-4500, shall be contacted to approve the new location of monitoring well (MW -113) prior to installation. The regional office shall be notified at least 48 hours prior to the construction of any monitoring well, and such notification to the 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. 6. Within 60 days of completion of the monitoring well MW -1 B, the Permittee shall submit two original copies of an updated 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 Resources, Water Quality Permitting Section, 1636 Mail Service Center, Raleigh, NC 27699-1636 WQ0028693 Version 2.0 Shell Version 140707 Page 2 of 12 7. Within 90 days of permit issuance, the, Permittee shall submit a long-term (15 years or more with the ability to renew) agreements signed between the Pennittee and Mountaintop Golf and Lake Club, LLC to ensure disposal and accessibility to irrigation areas located within the golf club. 8—No-later-tl-iaii-six-i-noiitlis-prior-to-tlie-expiration-of-tius-pe,,-lnit-.-the-p-en-nittee-shall-request-reiie-wal-o this pennit 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 — ----- t-ime-and--under--gucli--condit-ions- and-limitat-ions--as- it - play -deem -appropriate. Please- note -Rule--1-5-A------------ - NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. In accordance with Rule 15A NCAC 02T .0 115, the Permittee shall submit a copy of the declarations and bylaws documenting compliance with the attached Operational Agreement. The, subject reclaimed water 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 perfonn satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the utilization areas to adequately assimilate the reclaimed water, the Pennittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement reclaimed water generation and utilization facilities. 2. This pen -nit 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. Effluent limitations for generated reclaimed water shall not exceed those specified in Attaclunent A. 5. Application rates shall not exceed those specified in Attachment B. 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 pennit. The reclaimed water irrigation system shall be connected to a rain or moisture sensor, which shall indicate when utilization is not appropriate in accordance with Conditions 111.6 and 111.7 of this permit. 8. The following shall be requirements for the reclaimed water storage and utilization facilities: a. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the public or employees that reclaimed water is not intended for drinking. Where appropriate, such warning shall inform the public or employees to avoid contact with reclaimed water. b. All reclaimed water piping, valves, outlets and other appurtenances shall be color -coded, taped or otherwise marked to identify the source of the water as being reclaimed water. i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Panton 522) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (i.e., Paiitoiie 522) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less. WQ0028693 Version 2.0 Shell Version 140707 Page 3 of 12 ii. Identification tape shall be at least three inches wide and have white or black lettering on purple (i.e., Pantone 522) field stating "CAUTION: RECLAIMED WATER — DO NOT DRINK." Identification tape shall be installed on reclaimed water pipelinesin a visible manner, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe. iii. Existing underground distribution systems retrofitted for the purpose of distributing reclaimed water shall be taped or otherwise identified as noted above. This identification need not extend the entire length of the distribution system, but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by authorized personnel only. d. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non - potable quality. As an alternative to the use of locked.vaults with standard hose bib services, other locking mechanisms such as hose bibs which can only be operated by a tool may be placed above ground and labeled as non -potable water. 9. No direct cross -connections shall be allowed between reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. 10. Reclaimed water distribution lines shall be located at least 10 feet horizontally from and 18 inches below any water line where practicable. Where these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. 11. Reclaimed water distribution lines shall not be less than 100 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well or 50 feet from a public well. 12. Reclaimed water distribution lines shall be located at least two feet horizontally from and 18 inches above any sewer line where practicable. Where these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. 13. The compliance and review boundaries are established at the property boundary. Any exceedance of standards at the compliance or review boundary shall require action in accordance with 15A NCAC 02L.0106. 14. 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. 15. 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). 16. 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 Jackson 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. WQ0028693 Version 2.0 Shell Version 140707 Page 4 of 12 17. The facilities perinitted herein shall be constructed according to the following setbacks: a. The setbacks for reclaimed utilization sites shall be as follows (all distances in feet)`. i. Surface waters not classified SA: 25 ii. Sur Surface watersclassified SA:100 iii. Any well with exception to monitoring wells: 100 b. The setbacks for treatment and storage units shall be as follows (all distances in feet): i. Any property line: 50 1. The reclaimed water generation and utilization 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 reclaimed water or partially treated effluent resulting from the operation of this facility. 2. The Pennittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02U.0801, which at a minimum shall include the following: c. Description of the system in sufficient detail to show what operations are necessary for the system to function and by whom the functions will be conducted; d. A map of all distribution lines and record drawings of all utilization systems under the Permittee's control; e. Description of anticipated maintenance activities; f. Include provisions for safety measures including restriction of access to sites and equipment; and g. Spill control provisions including response to upsets and bypasses including control, containnent, remediation, and contact information for plant persomiel, emergency responders and regulatory agencies. 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 Pennittee 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. 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. 5. A suitable year round vegetative cover shall be maintained on irrigation sites at all times, such that crop health is optimized, allows for even distribution of reclaimed water, and allows inspection of the irrigation system. 6. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation sites. 7. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. 8. All reclaimed water irrigation equipment shall be tested and calibrated at least office 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. WQ0028693 Version 2.0 Shell Version 140707 Page 5 of 12 9. Only reclaimed water generated at Mountaintop Golf and Lake Club WWTF shall be utilized in accordance with this permit. 10. 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. 11. Public access to the reclaimed water generation and storage facilities shall be prohibited. 12. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 13. Freeboard in the storage tank shall not be less than two feet at any time. 14. A gauge to monitor reclaimed water levels in the storage tank shall be provided. This gauge shall have readily visible permanent markings at inch or tenth of a foot increments. 15. All effluent shall be routed to the five day upset holding tanks should the limit for fecal coliform (e.g., daily maximum concentration of 25 colonies per 100 mL) or turbidity (e.g., instantaneous maximum of 10 NTU) be exceeded, until the problems associated with the wastewater treatment plant have been corrected. The wastewater in the five day upset holding tanks shall be pumped back to the treatment plant headworks for re -treatment or treated in the five day upset holding tanks prior to utilization or discharge to the storage tanks. 16. The Permittee shall develop and implement an education program to inform users (including employees) about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. 17. In accordance with 15A NCAC 02U .0501, the Permittee shall provided notification to the public and/or employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. 18. 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 02U.0802. IV. MONITORING AND REPORTING REOUIRMENTS 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 reclaimed water generating 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: WQ0028693 Version 2.0 Shell Version 140707 Page 6 of 12 a. Date of flow measurement device calibration, b. Name of person perfonning calibration, and c. Percent from ti ie flow. 4. The effluent from the subject facilities and the surface water at the stream located below the driving range and irrigation tanks, shall be monitored by the Permittee at the frequency(ies) and location(s) ---for-_the-parameter(s)- specified -in-Attachment A. -_----_---- .--_--- The Permittee shall maintain adequate records tracking the amount of reclaimed water utilized. Records shall be maintained for a minimum of five years. At a minimum, these records shall include the following information for each utilization site listed in Attaclnnent B: a. Date of reclaimed water utilization; b. Site irrigated; c. Length of time site is irrigated; d. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; e. Weather conditions; and f. Maintenance of cover crops. 6. Freeboard in the storage tanks 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. 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. Visual observations of treatment plant and plant site; b. Date of calibration of flow measurement device(s); c. Date and results of power interruption testing on alternate power supply; d. Record of preventative maintenance (e.g., changing/adjusting of equipment, pump and valve maintenance, cross connection control, testing, inspections and cleanings, etc.; and e. Record of all unpennitted releases of reclaimed water to surface water or land surface including date of occurrence, estimated volume of release, cause, and corrective action taken. 9. Three copies of all effluent monitoring data and reclaimed water distribution data (as specified in Conditions IV.3 and IVA.) shall be submitted on Form NDMR for each PPI listed in Attaclunent A. Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed water distribution activities occurred during the monitoring month, monitoring reports documenting the absence of the activity are still required to be submitted. All effluent monitoring data shall be submitted to the following address: Division of Water Resources, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617. WQ0028693 Version 2.0 Shell Version 140707 Page 7 of 12 10. Three copies of all operation and utilization records (as specified in Conditions IV.5 and IV.6) shall be submitted on Form NDAR-1 for every non -conjunctive utilization site listed in Attachment B. (Note: conjunctive use sites do not require NDAR-1 submission). Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed water utilization activities occurred during the 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. 11. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1 and 2. 12. 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. 13. 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. 14. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296-4500, 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 failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the permittee in accordance with Condition IV.8 but do not require Regional Office notification. d. Any time self-monitoring indicates the facilities permitted herein have gone out of compliance with the limitations contained in this permit. e.. Ponding in or runoff from the reclaimed water utilization 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. WQ0028693 Version 2.0 Shell Version 140707 Page 8 of 12 V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the reclaimed water generation and utilization facilities. 2. The Pennittee or their designee shall inspect the reclaimed water generation and utilization facilities to prevent malfunction, facility deterioration and operator errors resulting in discharges, which may --------------cause-the-r-elease--of-wastes-to--the-enviromnent—a-threat to-liuman-health-or-a-publie-nuisance--T-lie---------------- 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 Pennittee 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 reclaimed water generation and utilization facilities permitted herein at any reasonable time for the purpose of detennining compliance with this permit; may inspect or copy any records required to be maintained under the terns and conditions of this permit, and may collect groundwater, surface water or leachate samples. 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 pen -nit 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 pen -nit 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 pen -nit 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 govermnent 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 NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; National Pollutant Discharge Elimination System (NPDES) requirements under 15A NCAC 02H.0100, 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 Pennittee changes their name, a written 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 Pennittee 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 Pennittee shall retain a set of Division approved plans and specifications for the life of the facilities pennitted herein. 7. The Pennittee shall maintain this pen -nit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate pennitting authority pursuant to 15A NCAC 02T.01050). WQ0028693 Version 2.0 Shell Version 140707 Page 9 of 12 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.01 10. 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 26`x' day of September 2014 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r om A. Reeder, Director Divi on of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0028693 WQ0028693 Version 2.0 Shell Version 140707 Page 10 of 12 Permit No. WQ0028693 Non -Conjunctive Reclaimed Water Generation and Utilization Mountaintop Community Association, Inc. September 26, 2014 Mountaintop Golf & Lake Club WWTF Jackson County EPVGINEERIPV{Y CELT-IFICATION ❑ Partial ❑ Final In accordance with 15A NCAC 02T .0 116, 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 constriction, 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 pen -nit, 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 DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: 1636 MAIL SERVICE CENTER By Courier/Special Delivery: 512 N. SALISBURY STREET RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 27604 WQ0028693 Version 2.0 Shell Version 140707 Page 11 of 12 WQ0028693 Version 2.0 Shell Version 140707 Page 12 of 12 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0028693 ( I Version: 2.0 PPI 001- Reclaimed Water Generation System Effluent EFFLUENT CHARACTERISTICS EFFLUENT LIMITS I MONITORING REQUI EMENTS PCS Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement I Frequency 1 Sample Type 00530 Solids, Total Suspended - Summer mg/1 5 10 2 X month Composite 00530 Solids, Total Suspended - Winter' mg/l 5 10 Monthly Composite i 00310 BOD, 5 -Day (20 Deg. C) - Summer' mg/1 10 15 2 X month Composite 00310 BOD, 5 -Day (20 Deg. C) - Winter' mg/l 10 15 Monthly Composite 00610 Nitrogen, Ammonia Total (as N) - Summer mg/1 4 6 2 X month Composite 00610 Nitrogen, Ammonia Total (as N) - Winter' mg/1 4 6 Monthly Composite 00620 Nitrogen, Nitrate Total (as N) - Summer mg/1 2 X month Composite 00620 Nitrogen, Nitrate Total (as N) - Winter' mg/1 Monthly Composite 31616 Coliform, Fecal MF, M -FC Broth,44.5C - Summer' #/100m1 14 25 2 X month Grab 31616 Coliform, Fecal MF, M -FC Broth,44.5C - Winter' #/100m1 14 25 Monthly Grab 70300 Solids, Total Dissolved- 180 Deg.0 mg/1 3 X year' Grab 00680 Carbon, Tot Organic (TOC) mg/1 3 X year' Grab 00940 Chloride (as Cl) mg/1 3 X year' Grab 00400 pH s.u. 6.0 9.0 5 X week Grab 50060 Chlorine, Total Residual mg/l 5 X week Grab 50050 Flow, in conduit or thru treatment plant gpd 40,000 b Continuous Recorder 00076 Turbidity, HCH Turbidimiter mu 10 Continuous i Recorder ' Summer: April 1 — October 31; Winter: November 1 — March 31; 3 X year monitoring shall be conducted in March, July and November. b Flow limit is based on current wastewater treatment capacity (i.e. one treatment train is completed and in operation as of this permit issuance date), once third treatment trains are completed, the flow limit may be increased to 80,000 and 120,000 gpd, respectively. second and WQ0028693 Version 2.0 Attachment A j I Pagel of 2 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0028693 PPI 002 — Surface Water Monitoring (Stream downslope of fields) Version: 2.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily. Maximum Measurement Frequency Sample Type 31616 Coliform, Fecal MF, M -FC Broth,44.5C #/100ml 3 X year Grab 00600 Nitrogen, Total (as N) mg/1 3 X year Grab 00400 pH S.U. 3 X year Grab 3 X year monitoring shall be conducted in March, July & November WQ0028693 Version 2.0 Attachment A Page 2 of 2 ATTACHMENT B - APPROVED RECLAIMED WATER USES Permit Number: WQ0028693 i 1 Version: 2.0 NON -CONJUNCTIVE LAND APPLICATION SITES Mountaintop Community Association, Inc. - Mountaintop Golf and Lake Club WWTF IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS I Zone Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate j Year Ma y Units 01 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 3.09 Edneyville 01284 - Application Surface Irrigation 0.15 18.1 inches 02 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 4.35 Cleveland 01284 - Application Surface Irrigation 0.15 18.1 inches 03 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 4.32 Tuskasegee 01284 - Application Surface Irrigation 0.15 18.4 inches 04 Mountaintop Community Association Inc Jackson 35°07'45" 83008'10" 4.26 Edneyville 01284 - Application Surface Irrigation 0.15 j 18J inches 05 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 3.37 Edneyville 01284 - Application Surface Irrigation 0.15 18.4 inches 06 Mountaintop Community Association Inc Jackson 35°07'45" 83008'10" 3.95 Whiteside 01284 - Application Surface Irrigation 0.15 18 1 inches 07 Mountaintop Community Association Inc Jackson 35°07'45" 83008'10" 4.02 Whiteside 01284 - Application Surface hrigation 0.15 18.1 inches 08 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 2.31 Tuckasegee 01284 - Application Surface Irrigation 0.15 18.1 inches 09 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 2.77 Whiteside 01284 -Application Surface Irrigation 0.15 18. inches 10 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 2.22 Whiteside 01284 - Application Surface Irrigation i 0.15 18. inches 11 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 2.16 Tuskasegee 01284 - Application Surface Irrigation 0.15 1 18.1 inches 12 Mountaintop Community Association Inc Jackson 35°07'45" 83008'10" 3.88 Tuckasegee 01284 - Application Surface Irrigation 0.15 1 18.1 inches 13 Mountaintop Community Association Inc Jackson 35007'45" 83008'10" 3.38 Tuskasegee 01284 - Application Surface hrigation 0.15 18., inches 14 Mountaintop Community Association Inc Jackson 35007'45" 83°08'10" 2.81 Chandler 01284 - Application Surface Irrigation i 0.15 18. inches 15 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 4.16 Whiteside 01284 - Application Surface Irrigation 0.15 18.1 inches 16 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 1.76 Tuskasegee 01284 -Application Surface Irrigation 0.15 18.1 inches 17 Mountaintop Community Association Inc Jackson 35007'45" 83008'10" 3.93 Sylva 01284 - Application Surface Irrigation i 0.15 18. inches 18 Mountaintop Community Association Inc Jackson 35°07'45" 83008'10" 3.26 Whiteside 01284 - Application Surface Irrigation i 0.15 18. inches 19 Mountaintop Community Association Inc Jackson 35°07'45" 83008'10" 3.64 Whiteside 01284 - Application Surface Irrigation 0.15 j 18.2a inches 20 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 3.96 Whiteside 01284 - Application Surface Irrigation 0.15 18.2 inches 21 Mountaintop Community Association Inc Jackson 35°07'45" 83008'10" 5.33 Edneyville 01284 - Application Surface hrigation 0.15 18.� inches 22 Mountaintop Community Association Inc Jackson 35007'45" 83008110" 5.49 Tuckasegee 01284 - Application Surface Irrigation 0.15 18.� inches 23 Mountaintop Community Association Inc Jackson 35007'45" 83°08'10" 2.99 Chandler 01284 - Application Surface Irrigation 0.15 18.� inches WQ0028693 Version 2.0 Attachment B I ( Pagel of 2 ATTACHMENT B - APPROVED RECLAIMED WATER USES NON -CONJUNCTIVE LAND APPLICATION SITES Mountaintop Community Association, Inc. — Mountaintop Golf and Lake Club WWTF Permit Number: WQ0028693 Version: 2.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Zone Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 24 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 3.81 Cleveland 01284 - Application Surface Irrigation 0.15 18.2 inches 25 Mountaintop Community Association Inc Jackson 35°07'45" 83008'10" 4.56 Chandler 01284 - Application Surface Irrigation 0.15 18.2 inches 26 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 4.05 Chandler 01284 - Application Surface Irrigation 0.15 18.2 inches 27 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 3.47 Edneyville 01284 - Application Surface Irrigation 0.15 18.2 inches 28 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 2.28 Chandler 01284 - Application Surface Irrigation 0.15 18.2 inches 29 Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 4.24 Edneyville 01284 - Application Surface Irrigation 0.15 18.2 inches 30 Mountaintop Community Association Inc Jackson 35007'45" 83008'10" 5.34 Chandler 01284 - Application Surface Irrigation 0.15 18.2 inches 31, Mountaintop Community Association Inc Jackson 35°07'45" 83°08'10" 4.74 Edneyville 01284 - Application Surface Irrigation 0.15 18.2 inches 32 Mountaintop Community Association Inc Jackson 35007'45" 83°08'10" 4.80 Edneyville 01284 - Application Surface Irrigation 0.15 18.2 inches Totals 118.70 WQ0028693 Version 2.0 Attachment B Page 2 of 2 Permit Number: WQ0028693 ( I Version: 2.0 Monitoring wells: MW -1/1B, MW -2, and MW -3. GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 82546 Water level, distance from measuring point 3 X Year Calculated j 1, 2, 3, 7 00400 pH 6.5-8.5 su 3 X Year Grab 1, 2, 7 31616 Coliform, Fecal MF, M -FC Broth,44.5C 3 X Year Grab 1,7 00680 Carbon, Tot Organic (TOC) 3 X Year Grab 1, 6, 7 00940 Chloride (as Cl) 250 mg/l 3 X Year Grab 11,7 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/l 3 X Year Grab 11,7 00620 Nitrogen, Nitrate Total (as N) 10 mg/1 3 X Year Grab 1,7 70295 Solids, Total Dissolved 500 mg/1 3 X Year Grab 1,7 78732 Volatile Compounds, (GC/MS) Annually Grab 1, 4, 5, 7 I . 3 x Year monitoring shall be conducted in March, July & November; Annual monitoring shall be conducted every November. 1 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. I 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 621013, PQL at 0.5 µg/L or less I c. EPA Method 8021. Low Concentration, PQL at 0.5 pg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 pg/L or less j e. Another method with prior approval by the Water Quality Pernitting Section Chief j 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 pg/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 Asheville Regional Office supervisor, telephonIe number (828) 296-4500, must be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. If TOC concentrations greater than 10 mg/I are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individualIconstituents 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 represi nt the naltIurally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and 2 and this attachment. � WQ0028693 Version 2.0 Attachment C Page 1 of 1 ' MD {ITDRI C jE1L dt 7 n Lo ur e, CEWBIO SCATS t=Y=) Etrr,4'�,y 'S13 -1- RE 1- LEGEND _ s 12"d AREA INLET a IRRIGATION SPRAY: HEAD 012-4b ZONE CART PATHRCE O A HIC IS O RECMJD 1D. YJE LMP AREA HI[1F7I.lER OR E7RE1{bm . vww G lu+ut o drs,� Tl x tCCp: . C 0 � I deEe:4/66 job: 69196 ' drums. HIiC ¢heat I ✓tet ���"�-.—;.�_ = '�� I LEGEND ,e WO AREA INLET o IRRIGATION SPRAY HEAD nz2-,o •ZONE # —HEAD # eCART PAIN CRNHACE is NOT RMUMM TO N ll C O A SlCF7LIM OR Ef UED a . unpHic SCALE D A tone aat�:�/oa dra9m, KRC meet . n I STATE OF NORTH CAROLINA") COUNTY OF A C Ve, 2 c'S Y -J Permit No. "PEQ 'q N.Tl PUA LONAL AGREEMEN"'I , This AGREEMENT made pursuant to'G.S. 143-215.1 (dl) and entered.into this 7 day of .?oc)6 by and between the North Carolina Environmental Management Cornnmssion, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business oftlib'developmentknown as 'Adsul-I'An. %-Mv%, szi� 01*_'�*-L-0� Cls6 (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the,wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to const ' ruct and/or operate a Disposal System to provide sanitary sewage disposal to serve the, Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the: 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 COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, -THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit- and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2, The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System ai I ad 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. FORM: HOA 06-07 Page I of 2 01--) s Disposal em 3. The ASSOCIATION shall fide in the Declaration and Associati � bylaws that the Di pos 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 enance expenses, the Declaration and Association Bylaws shall provide that a find be created out of the common expenses.. Such fund shall be separate from the routine maintenance fund allocated for the —f-acil-i-ty-and--shall-b 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction,_ repair, andmaintenance of the Disposal System, the Declaration and Association Bylaws shall provide for. special assessments to cover such necessary costs.. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. 51 - If a wastewater collection system and Wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit. of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary casements as the governmental unit may require as condition of accepting the Development's wastewater, 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having.1-nade adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuanceof a permit, 7. The ASSOCIATION shall not transfer, convey, assignor otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCiATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the Coulity(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 pal -ties hereto on the day and year written as indicated by each of the parties named below: FOR THEE ONMENTAL MANAGE NT CO SSION oleen H. Sullins, Director Division of Water Quality S -//&,/0k (Date) FORM: HOA 06-07 An Li --,A cL"(? Name of ASSOCIATION �Vl :::1 By: (Signature) Print Name and Title (Date) Page of