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HomeMy WebLinkAboutWQ0029233_Final Permit_20141103�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 3, 2014 Allen Jones — Manager MAG Bear Lake, LLC P -O. Box 96 Tuckasegee, NC 28783 Dear Mr. Jones: John E. Skvarla, III Secretary Subject: Permit No. WQ0029233 Bear Lake Reserve Non -Conjunctive Reclaimed Water Treatment and Utilization System Jackson County In accordance with your permit change of ownership and renewal request received August 22, 2014, we are forwarding herewith Permit No. WQ0029233 dated November 3, 2014, to MAG Bear Lake, LLC for the continued operation of the subject non -conjunctive reclaimed water treatment and utilization facilities. Please note the Permittee has been changed from MDR Bear Lake, LLC to MAG Bear Lake, LLC. This permit shall be effective from the date of issuance until October 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 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. For your convenience, customized electronic copies of your facility's NDMR and NDAR-1 reporting forms are available for download at: http://portal.ncdenr.orWweb/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. If you need additional information concerning this matter, please contact Chonticha McDaniel at (919) 807-6337 or chonticha.mcdaniel@ncdenr.gov. 1617 Mail Service Center, Non -Discharge Permitting Unit, Raleigh, North Carolina 27699-1636 Phone: 919•&07-64641 Internet: hftPJ1portal.ncdencorg1web1wg An Equal Opportunity 1 AfirmaGve Action Employer - Made in part with recycled paper Mr. Jones November 3, 2014 Page 2 of 2 Sincerely, /ho2A. Reeder, Director Division of Water Resources cc: Jackson County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH NON -CONJUNCTIVE RECLAIMED WATER TREATMENT AND UTILIZATION 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 MAG Bear Lake, LLC Jackson County FOR THE continued operation of a wastewater treatment and non -conjunctive reclaimed water facility limited to 119,000 GPD gallon per day (GPD) from April through November, and 23,850 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 horsepower (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 (LTV) disinfection system; an effluent flow meter; a turbidimeter; an onsite emergency generator; an 18,000 gallon pump tank with dual 190 GPM pumps and audiblelvisual alarms; a 625,000 -gallon above ground circular five day upset tank; a 344,900 gallon above ground circular storage tank; a drip irrigation flow meter; a disc filter; nineteen drip irrigation fields totaling 14.3 acres and all associated piping, valves, controls and appurtenances; to serve 888 bedrooms, the Lake Club, the golf course maintenance facility, and the golf pro -shop at Bear Lake Reserve, with no discharge of wastes to surface waters, pursuant to the application received August 22, 2014, 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 October 31, 2019, and shall be subject to the following specified conditions and limitations: WQ0029233 Version 2.0 Shell Version 140707 Page 1 of 8 I. SCHEDULES 1. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. ll. PERFORMANCE STANDARDS 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 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 reclaimed water generation and 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 for generated reclaimed water shall not exceed those specified in Attachment A. 4. 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 permit. 6. 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 111.5 and 111.6 of this permit. 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. i. 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 reclaimed water pipelines in a visible manner, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe. WQ0029233 Version 2.0 Shell Version 140707 Page 2 of 8 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. 8. 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. 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). 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 reclaimed utilization sites listed in Attachment B, which were permitted under 15A NCAC 02H .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 sctbacks 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: ii. Any property line: 100 50 WQ0029233 Version 2.0 Shell Version 140707 Page 3 of 9 III. OPERATION AND MAINTENANCE REQUIREMENTS 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 Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02U.0801, which at a minimum shall include the following: a. 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; b. A map of all distribution lines and record drawings of all utilization systems under the Permittee's control; c. Description of anticipated maintenance activities; d. Include provisions for safety measures including restriction of access to sites and equipment; and e. Spill control provisions including response to upsets and bypasses including control, containment, remediation, and contact information for plant personnel, 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 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. 4. 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. 5. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation sites. b. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. 7. All reclaimed water irrigation 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. 8. Only reclaimed water generated at Bear Lake Reserve shall be utilized in accordance with this permit. 9. 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. 10. Public access to the reclaimed water generation facilities shall be prohibited. 11. Public access to 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. WQ0029233 Version 2.0 Shell Version 140707 Page 4 of 8 12. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 13. Freeboard in the wet weather storage tank and five-day upset tank shall not be less than two feet at any time. 14. A gauge to monitor waste levels in the wet weather storage tank and five-day upset tank shall be provided. This gauge shall have readily visible permanent markings at inch or tenth of a foot increments. 15. 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. 16. All effluent shall be routed to the five day upset tank 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 tank shall be pumped back to the treatment plant headworks for re -treatment or treated in the five day upset tank prior to utilization. 17. 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 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: 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 reclaimed water from the generating facility at the frequencies and locations for the parameters specified in Attachment A. WQ0029233 Version 2.0 Shell Version 140707 Page 5 of 8 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 Attachment 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 (i.e., waste level to the lowest embankment elevation) in the wet weather storage tank and five-day upset tank 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. 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); e. 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 unpermitted 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 Attachment 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. 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. WQ0029233 Version 2.0 Shell Version 140707 Page 6 of 8 I I . 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 be taken to ensure the problem does not recur. V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the reclaimed water generation and utilization facilities. The Permittee 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 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 reclaimed water generation 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. WQ0029233 Version 2.0 Shell Version 140707 Page 7 of 8 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 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 .0 100, 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 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 Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC 02T.01050). 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T A 120(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 revolve this permit pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the P day of November 2014 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �1oma . Reeder, Director Divisi n of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0029233 WQ0029233 Version 2.0 Shell Version 140707 Page 8 of 8 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS PPI 001 — WWTP Effluent Permit Number: WQ0029233 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 00310 BOD, 5 -Day (20'C) mg/I 10 15 2 x Month'/ Monthly b Composite 31616 Coliform, Fecal MF, M -FC Broth, 44.5'C #1100 m! 14 25 2 x Month '•` I Monthly b.` Grab 50050 Flow. in Conduit or thru Treatment Plant gpd 1,00� 8 233,850 Continuous Recording 00610 N itrogen, Ammonia Total (as N) mg'l 4 6 2 x Month'/ Monthly b Composite 00620 Nitrogen, Nitrate Total (as N) mg/l 2 x Month "I Monthly n Composite 00400 pH su 6 9 5 x Week Grab 00530 Solids, Total Suspended mg/I 5 10 1 2 x Month'/ Monthly b Composite: 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous Recording a. Twice per month (2 x Month) sampling shall be conducted during the months of April through November. b. Monthly sampling shall be conducted during the months December through March. c. Monthly average for Fecal Coliform shall be a geometric mean. d. The permitted monthly average flow limit for the months of April through November shall be 119,000 GPD. e. The permitted monthly average flow limit for the months of December through March shall be 23,850 GPD. WQ0029233 Version 2.0 Attachment A Page I of THIS PAGE BLANK ATTACHMENT B - APPROVED RECLAIMED WATER USES NON -CONJUNCTIVE LAND APPLICATION SITES MAG Bear Lake, LLC -- Bear Lake Reserve Permit Number: WQ0029233 Version: 2.0 UTILIZATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Dominant Parameter Hourly Yearly Units Acreage Soil Series Rate Max A MAG Bear Lake, LLC Jackson 35013'52" 83003'25" 0.67 Cashiers 01284 - Non -Discharge Application Rate 0.05 70.5 inches (Apr - Nov) - 01284 - Non -Discharge Application Rate (Dec - Mar) 0.05 7.0 inches i - - ----_- i B MAG Bear Lake, LLC Jackson 35013'50" 83003'35" 0.84 Cashiers 01284- Non -Discharge Application Rate 0.05 85.7 inches (Apr - Nov) 01284 - Non -Discharge Application Rate 0.05 8.6 inches Dec - Mar} C MAG Bear Lake, LLC Jackson 35°13'47" 83003'26" 0.82 Cashiers 01284- Non -Discharge Application Rate 0.05 72.5 inches (Apr - Nov) 01284 - Non -Discharge Application Rate fl.US 7.2 inches 1 (Dec - Mar) i D MAG Bear Lake, LLC Jackson 35°13'48" 8303'25" 1.26 Cashiers U 1284 - Non -Discharge Application Rate 0.05 69.6 inches (Apr - Nov) 01284 - Non -Discharge Application Rate 0.05 7.0 inches Dec - Mar) E MAG Bear Lake, LLC Jackson 35013'48" 83°03'23" 0.74 Cashiers 01284 - Non -Discharge Application Rate {1,05 70.2 inches {A r- Nov) 01284 - Non -Discharge Application Rate (Dec - Mar) 0.05 7.0 inches I � F MAG Bear Lake, LLC Jackson 3501346" 83003'22" 0.95 Cashiers 01284 -Non -Discharge Application Rate 0.05 73.9 inches (Apr- Nov) 01284- Non -Discharge Application Rate 0.05 7.4 inches Dec - Mar G MAG Bear Lake, LLC Jackson 35°13'47" 83"03'21" 0.71 Chandler 01284 -Non -Discharge Application Rate 0.05 63.5 inches A r - Nov) 01284 - Non -Discharge Application Rate i (Dec- Mar) 0,05 6.3 inches WQ0029233 Version 2.0 Attachment B Page 1 of 3 ATTACHMENT B - APPROVED RECLAIMED WATER USES NON -CONJUNCTIVE LAND APPLICATION SITES MAG Bear Lake, LLC - Bear Lake Reserve Permit Number: WQ0029233 Version: 2.0 UTILIZATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net dominant Parameter Hourly Yearly I Units Acreage Soil Series Rate Max H MAG Bear Lake, LLC Jackson 35013'44" 83°03'25" 0.53 Cashiers 01284 - Non -Discharge Application Rate 0.05 77.3 inches (Apr - Nov) I 01284 - Non -Discharge Application Rate (Dec- Mar) OAS 7.7 inches - I MAG Bear Lake, LLC Jackson 35013'45" 8303'24" 0.85 Cashiers 01284 - Non -Discharge Application Rate 0,05 80.0 inches (Apr - Nov) 01284 - Non -Discharge Application Rate 0.05 8.0 inches (Dec - Mar) i K MAG Bear Lake, LLC Jackson 35°13'45" 83003-27" 0.99 Cashiers 01284- Non -Discharge Application Rate (M)s 71.0 inches (Apr - Nov) 01284 - Non -Discharge Application Rate - -�-�- -� - - - (Dec - Mar) 0,05 7.1 inches -- -- - -- I , I 01284 - Non -Discharge Application Rate M MAG Bear Lake, LLC Jackson 35°13'41" 83003'23" 0.52 Cashiers (Apr - Nov) 0.05 56.8 inches 01284 - Non -Discharge Application Rate 0.05 6.7 inches (Dec - Mar) I N MAG Bear Lake, LLC Jackson 35013'42" 83003'22" 0.58 Cashiers 01284 -Non -Discharge Application Rate 0.05 60.2 inches (Apr - Nov) 1 01284 - Non -Discharge Application Rate 0.05 6.0 inches (Dec - Mar) 0 MAG Bear Lake, LLC Jackson 35 15'43" 83 03'22" 0.50 Cashiers 01284 - Nan -Discharge Application Rate 0.05 78.6 inches (Apr - Nov) 01284 - Non -Discharge Application Rate 0.05 7.9 inches ( Dec - Mar) P MAG Sear Lake, LLC Jackson 35013'45" 83003'18" 1.10 Chandler 01284 - Non -Discharge Application Rate 0.05 80.7 inches (Apr - Nov) 1 01284 - Non -Discharge Application Rate I (Dec-NIar} 0-057 8.1 inches WQ0029233 Version 2.0 Attachment B Page 2 of 3 UTILIZATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Dominant Parameter Dourly Yearly Units Acreage Soil Series Rate Max Q MAG Bear Lake, LLC Jackson 35013'45" 83°03'1T' 0.43 Chandler 01284 — Non -Discharge Application Rate 0.05 37.3 inches (Apr — Nov) 01284 — Non -Discharge Application Rate (Dec—Mar) 0.05 8.7 1 inches R MAG Bear Lake, LLC Jackson 3501343" 8300319" 0.70 Cashiers 01284—Non-Discharge Application Rate 0-05 77.6 inches (Apr — Nov) 01284 — Non -Discharge Application Rate (Dec — Mar) 0.05 7.8 inches 0 1284 — Non -Discharge Application Rate S MAG Bear Lake, LLC Jackson 35013'39" 83003'23" 0.92 Cashiers (Apr — Nov) 0.05 67.4 inches i 0 1284 — Non -Discharge Application Rate 0.05 6.7 inches (Dec — Mar) I 1 T MAG Bear Lake, LLC Jackson 35013'40" 8303'20" 0.61 Cashiers 0 1284 — Non -Discharge Application Rate 0.05 73.5 inches (Apr — Nov) 01284 — Non-DischargeApplication Rate i ? (Dec 0.05 7.3 inches U MAG Bear Lake, LLC Jackson 35°1344" 83°03'16" 0.58 Chandler 012x4— Non -Discharge Application Rate 0.05 95.4 inches (Apr — Nov) ! 1 01284 — Non -Discharge Application Rate 0.05 9.5 inches (Dec —Mar) Totals 14.3 WQ0029233 Version 2.0 Attachment B Page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF �;rKeMAI Permit No. WCC CSC', Z 9 Z 3_ OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 17 day of rjLo►' _ , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and 4 , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: The DEVELOPER is the owner of the certain lands lying in Zr&ksQA/ County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as JEA%' LAK 6,7-EZ—VA-5 (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 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)SEAfi LAkf &.&1: sots A_UVzJgTlrAAcreinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: I. 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 Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 08-13 Page 1 of 2 4, The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT CO�MISSION T[Amas kleeder, Director Division of Water Resources 11 /V /1 y (Date) &A6 _ 65AIt L-AKr, L-46 Name of DE LOPER BY: /J-,L� (Signatures) T .I J ct Print Name and Title (Date) FORM: DEV 08-13 Page 2 of 2 Turk" &anch Bear Creek Glarloe Creek Em Brattish Bear Creek L ake �r �m Hear Lake Resew two I acre Ckjb Bearpen474 Branch Bear l ,I+ . f , . &OM C-0 re 8,9 $re ch Bear Lake Reserve - WQ0029233 Sails Creels P", "•a,ir, hM.gor► f VV 'C: i?, yr Flat t S • , k`` 'T /BJP ♦r c i I I •! I' 'r;'i .J IE l I I CY C. ai m i �.T.ric m l el e;• o � g§n I I t I I ., at, 358211. BEAR LAKE TUCMtlee1FE PHASE ANAP"fltCM9WfA f1.NG�i�++LL�^r4_n�p4lv"r.�_v.wvl"_" N-2 SYSTEM 4111.9 C 7eml .00 • — _—I� la-- — a<.:,v tm..F'€ar�itfa•FngineBllnG.SulveYln9 : 1-exe_a.>.—�> . --- — _ _ Sf7'E MAP �&rvronmeMalSunlcee- ,,.e.a•ww.co-e kw., Aopaifer FYniectwn moron MAY 10 2011