HomeMy WebLinkAboutWQ0029233_Final Permit_20110415HCDEN
North Carolina Department of Environment and
Divisior: o- Water Qualiel•
Sevedy Eaves Eerdus Coleer. H. Sullins
Governor Directc,
April 15, 2011
Natura•I Resources
Dee f=reeman
Secretary
MICKEY LUKER — VICE PRESIDENT OF HOSPITALITY & DEVELOPMENT
MDR BEAR LAKE, LLC
POST OFFICE" BOX 96 -
TUCKASEGEE, NORTH CAROLINA 28783
Dear Mr. Luker:
Subject: Permit No. WQ0029233
Bear Lake Reserve
Non -Conjunctive Reclaimed
Water System
Jackson County
In accordance with your permit change of ownership request received April 11, 2011, we are
forwarding herewith Permit No. WQ0029233 dated April 15, 2011, to MDR Bear Lake, LLC for the
construction and operation of the subject wastewater treatment and non -conjunctive reclaimed water
facilities.
Please note the Permittee has been changed from Centex Destination Properties to MDR Bear
Lake, LLC.
On August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government
Approvals Affecting the Development of Real Property Within the State," was enacted by the Genefal
Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the
expiration date of certain government approvals and permits. On August 2, 2010, this Act was extended
an additional year. The subject permit falls within the scope of this Act and is therefore being
extended to September 30, 2014.
This permit shall be effective from the date of issuance until September 30, 2014, shall void
Permit No. WQ0029233 issued October 3, 2005, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A
and B 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.
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Mr. Mickey Luker
April 15, 2011
Page 2 of 4
Please note the following items have been removed since the last permit issuance dated
October 3, 2005:
Y Condition IV .1. — This condition was removed, however, the Permittee shall still maintain a
one -foot vertical separation distance between the seasonal high water table and the ground
surface in accordance with 15A NCAC 02T .0908(0).
➢ Condition IV.2. — This condition was removed because the five day upset pond liner has
already been installed, and is inherently covered under 15A NCAC 02T .0908(#).
Please note the following permit conditions and attachments are new since the last permit.
issuance:
Y Condition 1.3. — This condition requires that the Permittee install waste level gauges in the
five day upset pond and the wet weather storage pond prior to their operation.
Y Condition 11.8. — This condition requires the Permittee to maintain an active
reclaimed/potable water cross connection control program..
➢ Condition II.10. — This condition requires the Permittee to modify their permit prior to the
sale of any land that may affect the existing compliance boundary.
Condition II.11. — This condition prohibits the construction of any well, other than
-monitoring_ wells, inside the compliance boundary. Please note the previous permit was
subject to this requirement under 15A NCAC 02L .0107(d), therefore, this condition is
intended to voice this rule.
Condition H.12. — This condition requires any landowner who owns land within the
compliance boundary, but who is not the Permittee, to execute and file with the County
Register of Deeds an easement with the requirements listed in the said Condition. -Please note
the previous permit was subject to this requirement under 15A NCAC 02L .0107(f),
therefore, this condition is intended to voice this rule.
Y Condition III.6. — This condition requires that all utilization equipment be tested and
calibrated at least once per permit cycle.
➢ Condition IV.2. — This condition requires that all laboratory analyses for effluent, ground
waters, or surface waters be made by a Division certified laboratory.
Condition VI.7. — This condition requires the Permittee to maintain this permit until all
permitted facilities are properly closed or permitted under another permitting authority.
Y Condition VIX — This condition notes that this permit is subject to revocation or unilateral
modification within 60 days notice frorn the Division if the terms in 15A NCAC 02T .0110
are violated.
Y Condition VI.9. — This condition notes that this facilities in this permit may not be expanded
if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
Mr. Mickey Luker
April 15, 2011
Page 3, of 4
> Attachment A — This attachment contains the parameter monitoring and limit information
located previously in old Condition IH.3. Please note that the following parameters have
been removed from your monitoring schedule: Chlorides, Residual Chlorine, Settleable
Matter, Total Dissolved Solids and Total Organic Carbon. Please note that per the Division
of Water Quality's Aquifer Protection Section Domestic Wastewater Monitoring Policy, all
non -discharge systems are having their effluent monitoring schedules reevaluated for all
permit issuances after January 2007. Therefore, the sampling frequency for BOD;, Fecal
Coliform, Ammonia. Nitrate and TSS and is now twice per month for the months of April
through November and once per month for the months of December through March. In
addition, pH shall now be sampled five times per week.
Y Attachment B — This attachment consists of information contained in old Condition 11.7.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Nathaniel Thornburg at
(919) 715-6160 or nathaniel.thornburg{a,ncdenr.go\•.
Sincerely,
Coleen ft Sullins
CC' Jackson County Health Department
Asheville Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
Permit File WQ0029233
Notebook File WQ0029233
Mr. Mickey Luker
April 15, 2011
Page 4 of 4
THIS PAGE BLANK
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
NON -CONJUNCTIVE RECLAIMED WATER SYSTEM PERMIT
"In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
MDR Bear Lake, LLC
Jackson County
FOR THE
construction and operation of a wastewater treatment and non -conjunctive reclaimed water facility limited
to 125,000 gallon per day (GPD) from. April through November, and 25,000 GPD from December
through March, which consists of:
an influent pump station with dual 220 gallon per minute (GPM) pumps and audible/visual alarms; an
influent flow meter; a manually cleaned bar screen; a 35,000 gallon flow equalization basin with two 116
GPM pumps and two 71 cubic feet per minute (CFM) blowers; a flow splitter box; two 12,500 gallon
anoxic tanks each with two activated sludge airlift pumps and two 1.9 liorsepower (hp) mixers; four
29,300 gallon aeration tanks served by three 135 CFM blowers; four 10,600 gallon clarifiers each with air
lift returns; a 34,400 gallon aerated sludge holding tank with air lift pumps and a 71 CFM blower; a
microscreen drum filter with a high pressure backwash system; an ultraviolet (UV) disinfection system;
an effluent flow meter; a turbidimeter; an onsite emergency generator; an 18,000 gallon pump tank with
dual 190 GPM pumps and audible/visual alarms; a 625,000 gallon synthetically lined five day upset pond;
a 344,900 gallon above ground circular storage tank; a drip irrigation flow meter; a disc filter; twenty
drip irrigation fields totaling 15.13 acres and served by approximately 44,100 emitters each rated at 1.02
gallons per hour (GPH); and all associated piping, valves, controls and appurtenances
to serve Bear Lake Reserve, with no discharge of wastes to surface waters, pursuant to the application
received April 11, 2011, and in conformity with the project plans, specifications, and other supporting
data subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until September 30, 2014, shall void Permit No.
WQ0029233 issued October 3, 2005, and shall be subject to the following specified conditions and
limitations:
WQ0029233 Version 1.1 Shell Version 101229 Page 1 of 10
I. SCHEDULES
In accordance with 15A NCAC 02T .0 116, upon completion of construction and prior to operation of
this permitted facility, a certification (attached) shall be submitted from a licensed North Carolina
Professional Engineer certifying that the permitted facility has been installed in accordance with this
permit, Division approved plans and specifications, and other supporting documentation, including
the location of all monitoring wells as applicable. If this project is to be completed in phases and
Partiallv certified the Permittee shall retain the responsibilitv to track further construction =roved
under the same permit, and shall provide a final certificate of completion once the entire project has
been completed. Mail the Certification to the Division of Water Quality, Aquifer Protection Section,
1636 Mail Service Center, Raleigh, NC 27699-1636.
2. 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 installed facilities such that an in-
place inspection can be made. Notification to the Aquifer Protection Section's regional supervisor
shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays.
3. Unless already provided, gauges to monitor waste levels in the wet weather storage tank and the five
day upset pond shall be installed within 60 days of permit issuance. Caution shall be taken not to
damage the integrity of the liner (if present) when installing the gauges.
4. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(4) requires an updated site map to be submitted with the permit renewal
application.
II. PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained and operated at all times so there
is no discharge to surface waters, nor any contravention of groundwater or surface water standards.
In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions
due to improper operation and maintenance, or failure of the utilization areas to adequately assimilate
the reclaimed water, the Permittee shall take immediate corrective actions including Division required
actions, such as the construction of additional or replacement wastewater treatment or utilization
facilities.
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility.
3. Effluent limitations shall not exceed those specified in Attachment A,
4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in
Attachment B.
5. The Operational Agreement (attached) between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit.
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all
sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of
or failure to act in accordance with the terms and conditions of this permit.
6. The utilization systern shall be connected to a rain or moisture sensor, which shall indicate when
reclaimed water application is not appropriate in accordance with Conditions IIIA. and 111.5. of this
permit.
WQ0029233 Version 1.1 Shell Version 101229 Page 2 of 10
7. The following shall be requirements for the reclaimed water distribution, 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.
All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone
522) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER —
DO NOT DRINK" or be installed with a purple (i.e., Pantone 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. -
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 top of reclaimed water pipelines, 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. Above -ground hose bibs (i.e., spigots or other hand -operated connections) shall not be present.
Hose bibs shall be located, in locked below -grade vaults that shall be clearly labeled non -potable.
As an alternative to the use of locked below -grade vaults with standard hose bibs services, hose
bibs, which can only be operated by a special tool or connected to a special hose connection, may
be placed in non -lockable underground services boxes clearly labeled non -potable.
The Permittee shall maintain an active cross -connection control program that shall have the following
minimum requirements:
a. No direct cross -connections shall be allowed between the reclaimed water and potable water
systems.
b. Where both reclaimed water and potable water are supplied to a reclaimed water utilization site, a
reduced pressure principle backflow preventer, an approved air gap separation or other Division
of Environmental Health approved device shall be installed at the potable water service
connection to the use area. The installation of the reduced pressure principle backflow prevention
device shall allow proper testing.
c. Where potable water is used to supplement a reclaimed water utilization system, the Permittee or
potable water supplier shall approve and regularly inspect the air gap separation.
9. 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.
10. 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.
11. 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(8).
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12. 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.
13. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for redlaimed utilization sites lisied in Attachment B, which were permitted under
15A NCAC Q2H .0219(k) shall be as follows (all distances in feet):
i. Surface waters not classified SA:
ii. Surface waters classified SA:
iii. Any well with exception to monitoring wells:
25
100
100
b. The setbacks for the storage and treatment units permitted under 15A NCAC 02H .0219 shall be
as follows (all distances in feet):
i. Any well with exception of monitoring wells: 100
ii. Any property fine: 50
M. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to -15A NCAC 02T .0913, which at a minimum shall include operational
functions, maintenance schedules, safety measures and a spill response plan.
2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules.
3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of reclaimed water and allows inspection of the utilization
System.
4. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the utilization
sites listed in Attachment B.
5. Utilization shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff.
6. All utilization equipment shall be tested and calibrated at least once per permit cycle. Calibration
records shall be maintained at the facility for a period of no less than five years, and shall be made
available to the Division upon request.
7. Only reclaimed water from Bear Lake Reserve shall be utilized on the sites listed in Attachment B.
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8. An automatically activated standby power source capable of powering all essential treatment units
shall be on site and operational at all times. If a generator is employed as an alternate power supply,
it shall be tested weekly by interrupting the primary power source.
Public access to the reclaimed water utilization sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site. Public
access to the wastewater treatment facilities shall be prohibited.
10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T .0914.
11.. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited.
12. Freeboard in the wet weather storage tank and the five day upset pond shall not be less than two feet
at any time.
13. Gauges to monitor waste levels in the wet weather storage tank and the five day upset pond shall be
provided. These gauges shall have readily visible permanent markings indicating the following
elevations: maximum liquid level at the top of the temporary liquid storage volume-, minimum liquid
level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam.
14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,
outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
.and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments.
Earthen embankment areas shall be kept mowed or otherwise controlled and accessible.
15. All effluent shall be routed to the five day upset pond 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 pond shall be pumped back to the treatment plant
headworks for re -treatment or treated in the five day upset pond prior to utilization.
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IV. MONITORING AND REPORTING REOUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sampling reporting schedule shall be followed.
2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for
the required effluent, groundwater or surface water parameters.
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure the
accuracy and reliability of flow- measurement consistent- with accepted engineering and scientific
practices. � Selected flow measurement devices shall be capable of measuring flows with a maximum
deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year;
and maintained to ensure the accuracy of measurements is consistent with the selected device's
accepted capability. The Permittee shall maintain records of flow measurement device calibration on
file for a period of at least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration., and
c. Percent from true flow.
4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A.
The Permittee shall maintain adequate records tracking the amount of reclaimed water utilized. At a
minimuib, these: -records shall include the following information for each utilization site listed in
Attachment B:
a. Date of utilization;
b. Volume of reclaimed water utilized;
c. Site utilized;
d. Length of time site is utilized;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h_ Maintenance of cover crops.
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the wet weather storage tank and
five day upset pond shall be 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. Three copies of all monitoring data. (as specified in Conditions IV.3. and IV.4.) on Form NDMR for
each PPT and three copies of all operation and disposal records (as specified in Conditions N.S. and
TV. 6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of
the following month. If no activities occurred during the monitoring month, monitoring reports are
still required documenting the absence of the activity. All information shall be submitted to the
following address:
Division of Water Quality
Information Processing Unit
_ 1617 Mail Service Center
Raleigh, North Carolina 27699-1617
WQ0029233 Version 1.1 Shell Version 101229 Page 6 of 10
8. 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.
9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for
a period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Date and results of power interruption testing on alternate power supply;
b. Date of calibration of flow measurement device;
c. Visual observations of the plant and plant site; and
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections and cleanings, etc.).
10. 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 facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time serf -monitoring indicates the facility has gone out of compliance with its permit .
limitations.
e. Ponding in or runoff from the 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) 858-0358, or (919) 733-3300.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur.
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V. INSPECTIONS
The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and utilization facilities.
2. The Permittee or their designee shall inspect the wastewater treatment and utilization facilities to
prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The
Permittee shall maintain an inspection log that includes, at a minimum, the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and utilization facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this
permit, and may collect groundwater, surface water or leachate samples.
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with
the conditions of this permit, the Division approved plans and specifications, and other supporting
documentation. '
3. This permit is effective only with respect to the nature and *volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T
.0105(n).
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under the Division's General Permit NCGO10000; any requirements pertaining to wetlands under
15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein.
The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC
02T .01050).
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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 15t' day of April 2011
NORTH CAROLINAENVIRONMENTAL MANAGEMENT COMMISSION
"k�-'-Coleen,H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0029233
WQ0029233 Version 1.I Shell Version 101229 Page 9 of 10
Permit No. WQ0029233
MDR Bear Lake, LLC
Bear Lake Reserve
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
Non -Conjunctive Reclaimed Water
April 15, 2011,
Jackson County
In accordance with 15A NCAC 02T .0 116, 1,_ ,
as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's
authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility,
hereby state to the best of my abilities that due care and diligence was used in the observation of the
construction, such that the facility was built within substantial compliance and intent of this permit, the
Division approved plans and specifications, and ,other supporting documentation.
❑ Any variation to this permit, the Division approved plans and specifications, and other supporting
documentation has been documented in the attached as -built drawings, and shall serve as the
Permittee's minor modification request to amend the permit accordingly.
Provide a brief narrative description of any variations:
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
AQUIFER PROTECTION SECTION
LAND APPLICATION UNIT
By U.S. Postal Service: By Courier/Special Delivery:
1636 MAIL SERVICE CENTER 2728 CAPITAL BOULEVARD
RALEIGH, NORTH CAROLINA 27699.1636 RALEIGH, NORTH CAROLINA 27604
WQ0029233 Version 1.1 Sher Version 101229 Page 10 of 10 R
1
ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0929233
PPI 001 - WWTP Effluent
Version: 1.1
EFFLUENT CHARACTERISTICS
EFFLUENT LINUTS
MONITORING REQUIREMENTS
PCS
Code
Parameter Description
Monthly Average
Monthly Geometric
Mean
Daily Minimum
Daily hlaximutn
Measurement
Frequency
Sample
Type
00310
130I), 5-I3ay (20 °C)
10
nt /l,
g
15
mg/L
2 x Montle / Monthly z
Composite
31616
Coliform, Fecal MF. M -FC Broth, 44.5 "C
14
#/100 mL
25
U/100 mU
2 x Month' 3l Monthly z•'
Grah
50050
Flow. in Conduit or thru Treatment Plant
125,0005
25,000
GI'U
Continuous
Recording
00610
Nitrogen, Ammonia Total (as N)
4
mg/i,
6
mg/l,
2 x Month ' / Monthly-
Composite
00620
Nitrogen. Nitrate Total (as N)
mg/L
2 x \tanth I / Monthly 2
Composite
00400
pl l
6
su
9
sit
5,- Week
Grab
00530
Solids. Total Suspended
5
mg/L
10
utg/L
2 x Month' / Monthly'
Composite
00076
Turbidity. IICI I Turbidimeter
10
N fLt
Continuous
Recording
1. Twice per month (2 x Month) sampling shall be conducted during the months of April through November.
2. IWouthly sampling shall be conducted during the months December through March.
3. Monthly average for Fecal Coliform shall be a geometric mean.
C The permitted monthly average now Jimit for the niontlis of April through November shall he 125.000 GPD.
5. The permitted monthly average flow limit for the months of December through March shall be 25,000 GPD.
WQ0029233 Version 1.1 Attachment A Page 1 oft
THIS PAGE BLANK
WQ0029, Jersion I - I Attachment A e 2 of 2
ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0029233 Version: 1.1
MDR Bear Lake, LLC - Bear Lake Reserve
UTILIZATION AREA INFORMATION
APPLICA-1.10N LIMITATIONS
Field
Owner
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
flourly
Rate
Yearly
Max
Units
A
MDR Bear Lake, LLC
Jackson
0.67
Cashiers
01284 - Non -Discharge Application Rate
0.05
77.5
inches
B
MDR Hear Lake. LLC;
.Jackson
0.84
Cashiers
01284 -Non -Discharge Application Rate
0.05
94.2
inches
C
MDR Bear Lake, LLC
Jackson
0.87
Cashiers
01284 - Non -Discharge Application Rate
0.05
79.7
inches
D
MDR Bear Lake, LLC
Jackson
1.26
Cashiers
01284 - Non -Discharge Application Rate
0,05
76.5
inches
f:
MDR Bear Lake, LLC
Jackson
0.74
Cashiers
01284 - Non -Discharge Application Rate
0.05
77.2
inches
F
MDR Bear Lake, LLC
Jackson
0.95
Cashiers
01284 • Non-Discliarge Application Rate
0.05
81.2
inches
ti
MDR Bear Lake. LLC
Jackson
0,71
Chandler
01284 - Non -Discharge Application Rate
0.05
69.8
inches
II
N -IDR Bear Lake. LLC
Jackson
0.53
Cashiers
01284 - Non -Discharge Application Rate
0.05
85.0
inches
I
N1 DR Bear Lake. LLC
Jackson
0.85
Cashiers
01284 - Non -Discharge Application Rate
0,05
88.0
inches
K
MDR Bear Lake. LLC
Jackson
0.99
- Cashiers
01284 - Nan -Discharge Application Rate
0.05
78.1
inches
L
MDR Bear Lake. LLC
Jackson
0.83
Cashiers
01284 - Non -Discharge Application Rate
0.05
70.5
itches
M
MDR Benr Lake, LLC
Jackson
0.52
Cashiers
01284 - Non -Discharge Application Rate
0.05
73.4
inches
N
MDR Bear bake, LLC
Jackson
0.58
Cashiers
01284 - Non -Discharge Application Rate
0.05
66.2
inches
0
MDR Bear Lake, LLL`
Jackson
0.50
Cashiers
01284 -Non-Discharge Application Rate
0.05
86.4
inches
P
MDR Bear Lake. LLC
Jackson
1.10
Chandler
01284 - Non -Discharge Application Rate
0.05
88.7
inches
{�
MDR Bear Lake. LLC
Jackson
0.43
Chandler
01284 - Non -Discharge Application Rate
0.05
96.0
inches
R
MDR Bear Lake, I..LC
Jackson
0.70
Cashiers
01284 - Non -Discharge Application Rate
0.05
85.3
inches
S
NIDR Bear Lake, LLC:
Jackson
0.92
Cashiers
0 1284 - Nan -Discharge Application Rate
0.05
74.1
inches
I'
MDR Bear Lake, LLC
Jackson
0.61
Cashiers
01284 - Non -Discharge Application Rate
0.05
80.8
Inches
U
MDR Bear Lake, LLC
Jackson
0.58,
Chandler
01284 - Non-Discliarge Application Rate
0.05
104.9
inches
Totals
i5.13
WQ0029233 Version 1.1 Attachment B Page I of
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WQ0029233
5044 Lake Forest Dr., Tuckase ee, NC 28783
MDR Bear Lake, LLC
Latitude: 35.230412°
Bear Lake Reserve
Longitude: -83.055605°
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Figure 3 — Topographic Ma
WQ0029233 5044 Lake Forest Dr., Tuckase ee, NC 28783
MDR Bear Lake, LLC Latitude: 35.230412°
Bear Lake Reserve Longitude: -83.055605°
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STATE OF NORTH CAROLINA
COUNT' .OFt]c��
Permit
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 14^3-215.' (d 1) and entered into this ��� day o
by and between the North Carolina Environmental Mana,emenz
Commission. an agency of the State of North Carolina. hereinafter known as the COMMISSION. and
�\��-1-1- , a corporation/ggeneral partnership registered/licensed to do
business in the State of North Carolina hereinafter known as the DEVELOPER.
V►'1:TNESS ETr:
The DEVELOPER is the owner of the certain lands lying in County. upop_
which it is erecting and will erect dwelling units and other improvements. said development 4o be known
as �_� ����st��cy� (hereinafter the Development).
2. The DEVELOPER desires, to cop struct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
1 The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G. S, 14'-
215.1
Q^_215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declamation), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit Owners" Association (hereinafter
Association). a non-profit corporation organized and existzng under and by the virtue of the laws of the
State of Nortb Carolina. for the purpose, among others, of handling the property. affairs and business of
the Development-, of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System, and of collectins dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed. maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NO'W. THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto_ the COMMISSION and DEVELOPER do hereby mutually agree as follows:
L The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION. and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans. and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DE% ELOPER must request gnat the permit be reissued to the Association:. Tae
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey. assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
DEVELOPER'S successor. WEVED I DENR 10*0
ftft Protection Sector;
FORM: DEV 06-47 Page 1 of ?
APR 12 201
4. T"ne DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conforrrniity 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. Y
5. The DEVELOPER. shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair_ maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
_shall be i5zr-o'- the yearly budget. :
G. In the event the common expense allocation and separate fund are not adequate for the construction.
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary com- There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be. made as
xiecessary at any time.
1. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city
toren, village, county, water and sewer, authorities. or other unit of government shall hereinafter become
available to serve the Development. the DEVELOPER shall take such action as is necessary to cause the
existing and. future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
S. Recognizing that it woul.d be contrary to the public interest'and to the public health, safety and welfare for
the Association to enter into voluntary dissolutior without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall
provide intine Association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said System and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.-
9.
ermit.Q. The agreements set forth in numbered paragraphs 1, ?, S, 4, 5, 6, 7. and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operationof the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of incorporation of the -
Association. J
T3 i�TI� SS WI-t'=OF, this ageeznent was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below-:
FOR THE ENVIRONMENTAL
M!A,.Irl GEIVMN? COMMISSION Naive of DEVELOPER
By - �—
C61ten ullins, Director (Sigmature)
Division of Waxer Quality
Print ?tiaine and 1 itle
d
T �
(Date) (Date)
RECEWED / DE R I D O
FORM: DEV 06-07 Page 2 of 2 AgOer Protection Section
APR 12 _Z011,