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
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Etrr,4'�,y 'S13 -1-
RE 1-
LEGEND _
s 12"d AREA INLET
a IRRIGATION SPRAY: HEAD
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vww G lu+ut o drs,� Tl
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job: 69196
' drums. HIiC ¢heat
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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