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HomeMy WebLinkAboutWQ0029635_Final Permit_20111213MCDENR North Carolina department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 13, 2011 MICHAEL O'CONNELL — TREASURER SUNSET POINTE ON HIGH ROCK I-10A, LLC 522 SUNSET POINTE DRIvF SALISBuRY, NORTH CAROLINA 28146 Dear Mr. O'Connell: Dee Freeman Secretary Subject: Permit No. WQ0029635 Sunset Pointe Subdivision Wastewater Irrigation System Rowan County In accordance with your permit change of ownership request received July 13, 2011, and subsequent additional information received August 11, 2011 and October 10, 2011, we are forwarding herewith Permit No. WQ0029635 dated December 13, 2011, to Sunset Pointe on High Rock HOA, LLC for the continued operation of the subject wastewater treatment and irrigation facilities. Please note the Permittee has been changed from High Rock Lake Development, LLC to Sunset Pointe on High Rock HOA, LLC. Please note that on August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State," was enacted by the General Assembly and signed into law. The Act, 1mown as the Permit Extension Act of 2009, extends the expiration date of certain government approvals and permits. In addition, Session Law 2010-177 extended the Act by another year. Permit No. WQ0029635 falls within the scope of this Act and is therefore being extended until February 28, 2015. A renewal application must still be submitted six months in advance of the extended expiration date. This permit shall be effective from the date of issuance until February 28, 2015, shall void Pertnit No. WQ0029635 issued March 27, 2006, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B and C 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: htt :// ortal.ncdeiu.or */web/w /a s/lau/re ortiia. .OJIFEP, PR:)TEITION SE^710t. 'u3� € `� ' Se -vice ,,- �•;. Ra�la• , h,; ^ Carolina 2� 39°-: ��: cca _ . Ca .t` uietz=. R ieiai : Nc— G . _ is 27M ai.arn: i8-7; -22 ,F. "A-a1; ?�-C:3�.=!:. :1,1`= v' -5+i1 C. 5er., :--E2367' r~ t; a, www .ncv.,ate,auafitv.orc Mr. Michael O'Connell December 13, 2011 Page 2 of 4 Please note the following items have been removed since the last permit issuance dated March 27, 2006: ➢ Old Conditions 1.1., I.2., I.8., I.9., I.10., I.12., IV.1., IV.3.b. and IV.3.d. — These conditions were removed because the facility has been constructed and the engineering certification has been submitted. ➢ Old Condition IV.5. — This condition was removed because it is inherently covered under Condition HL L of the old permit. Please note the following permit conditions: and attachments are new since the last permit issuance: ➢ Condition L 1. — This condition states that the Permittee may conduct a monthly estimate of their effluent flow values while their average daily flow (ADF) is less than 10,000 gallons per day (GPD). It also requires that once the monthly ADF reaches 8,000 GPD and prior to exceeding 9,000 GPD, the Permittee shall submit a permit modification to the Division for the construction and operation of a continuous monitoring and recording effluent flow meter. ➢ Condition U, — This condition requires that All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108. ➢ Condition 11.6. — This condition requires that the Operational Agreement between the Permittee and the Environmental Management Commission be incorporated into this permit. ➢ 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 11.12. — 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. ➢ Condition 111.6. -- This condition requires that all irrigation 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 N.S. — This condition requires the Permittee to keep a record of all residuals removed from this facility. ➢ Condition IV.9. — This condition requires the Permittee to keep a log of all maintenance at the facility. ➢ Condition VL7. — This condition requires the Permittee to maintain this permit until all permitted facilities are properly closed or permitted under another permitting authority. Mr. Michael O'Connell December 13, 2011 Page 3 of 4 ➢ Condition VI.S. — This condition notes that this permit is subject to revocation or unilateral modification within 60 days notice from the Division if the terms in 15A NCAC 02T .0110 are violated. ➢ 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). ➢ Attachment A — This attachment contains the parameter monitoring and limit information located previously in old Condition M.3. Please note that this attachment has been separated into two Points Prior to Irrigation (PPI). PPI 001 consists of the sampling requirements in the original permit issued March 27, 2006, and these requirements shall remain effective until June 30, 2012. Per the Division of Water Quality's Aquifer Protection Section Wastewater Monitoring Policy, all non -discharge systems are having their effluent monitoring schedules reevaluated for all permit issuances after January 2007. The new PPI 002 will be effective July 1, 2012, and shall replace PPI 001. Please also note that pH (00400) parameter in PPI 002 has two separate sampling frequencies. While the monthly ADF is less than 10,000 GPD, pH shall be sampled once per week. When the ADF exceeds 10,000 GPD, pH shall be sampled five times per week. ➢ Attachment B — This attachment consists of information contained in old Condition 11.7. ➢ Attachment C — This attachment has had the parameters for VOC and TOC removed. 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 permit, please contact Nathaniel Thomburg at (919) 715-6160 or nathaniel.thornburg0mcdenr.rov. Sincerely, r ale. Sullins cc: Rowan County Health Department Mooresville Regional Office, Aquifer Protection. Section Permit File WQ0029635 Notebook Pile WQ0029635 Mr. Michael O'Connell December 13, 2011 Page 4 of 4 THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER IRRIGATION 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 Sunset Pointe on High Rock HOA, LLC Rowan County FOR THE continued operation of a 75,000 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a 1,500 gallon baffled septic tank at each residence (102 four bedroom homes and 100 two bedroom condominiums); an influent flow meter; three flow splitter boxes; four 20,000 gallon recirculation tanks serving; 16 Advantex AX-100 textile filters; ultraviolet (UV) disinfection; an 89,000 gallon pump tank with 298.4 gallon per minute (GPM) pumps; a permanent auxiliary power source; a 591,256 cubic foot (ft) synthetically lined wet weather storage pond; 34.7 acres of drip irrigation area consisting of 14 fields; and all associated valves, piping and appurtenances to serve Sunset Pointe Subdivision, with no discharge of wastes to surface waters, pursuant to the application received July 13, 2011, and subsequent additional information received by the Division of Water Quality, 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 February 28, 2015, shall void Permit No. WQ0029635 issued March 27, 2006, and shall be subject to the following specified conditions and limitations - I. SCHEDULES I . Based on the current configuration of the effluent flow meter and the low average daily flows (ADF), the Permittee may conduct a monthly estimate of their effluent flow values. These values shall be reported on their Non -Discharge Monitoring Report (NDMR) as required in Condition IV.7. Upon reaching a monthly ADF of 8,000 gallons per day (GPD) and prior to exceeding an ADF of 9,000 GPD, the Permittee shall submit a permit modification to the Division for the construction and operation of a continuous monitoring and recording effluent flow meter. This permit modification shall include plans and specifications for the proposed effluent flow meter, and be signed, sealed and dated by a licensed North Carolina Professional Engineer. This permit modification shall be submitted to the Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. WQ0029635 Version 1.1 Shell Version 110920 Page I of 8 2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the declarations and bylaws documenting compliance with the attached Operational Agreement. H. PERFORMANCE STANDARDS 1. 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 irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. 3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. 4. Effluent limitations shall not exceed those specified in Attachment A. 5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. 6. 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. 7. The irrigation system shall be connected to a rain or moisture sensor, which shall indicate when effluent application is not appropriate in accordance with Conditions 111.4. and 111.5. of this permit. 8. The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC 02L .0107(b). This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 9. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. 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(g). WQ0029635 Version 1.1 Shell Version 110920 Page 2 of 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 Rowan 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 irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 L Surface waters: 50 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 50 v. Public right of way: 50 b. The setbacks for storage and treatment units permitted 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 III. 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 .0507, 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 tinges, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. The large scale harvesting of trees located within the sites listed in Attachment B is discouraged. Any cutting of trees shall be done in a manner to minimize damage to drip irrigation lines. Irrigation on the sites listed in Attachment B is prohibited during harvesting operations. Upon completion of harvesting, the Permittee shall inspect all drip irrigation lines and shall make the necessary repairs prior to resuming wastewater irrigation. 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. WQ0029635 Version 1.1 Shell Version 110920 Page 3 of S 6. All 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. 7. Only effluent from Sunset Pointe Subdivision shall be irrigated on the sites listed in Attachment B. 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. 9. Public access to the irrigation sites and 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 .0508. 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 12. Freeboard in the wet weather storage pond shall not be less than two feet at any time. 13. A gauge to monitor waste levels in the wet weather storage pond shall be provided. This gauge 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. 1rV. MONITORING AND REPORTING REQUIREMENTS 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 tree flow. 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. WQ0029635 Version 1.1 5heil Version. 110920 Page 4 of 8 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; 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 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 PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.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 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 of calibration of flow measurement device; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). 10. Monitoring wells shall be sampled after construction and within 3 months prior to initiating non - discharge disposal operations. Monitoring wells shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and. monitoring -data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. WQ0029635 Version 1.1 Shell Version 110920 Page 5 of 9 11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW- 59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 12, An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At .a minimum, the Standard Soil Fertility Analysis shall 'include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH 13. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation 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. WQ0029.635 Version 1.1 Shell Version 110920 Page 6 of 8 V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation 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 irrigation 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. 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). WQ002963� Version 1.1 She]i Version 110920 Page 7 of 8 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the 13`h day of December 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ee ullins, Director Divisi f Water Quality By Authority of the Environmental Management Commission Permit Number WQ0029635 WQ0029635 Version 1.1 Shell Version 110920 Paee 8 of 8 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS API 001 — WWTP Efflueut (Effective until Jnne 30, 2012) Permit Number: WQ0029635 Version: 1.1 EFFLUENT C EFFLUENT LIMITS MONITORINGCHARACTERISTICSREQUIREMENTS PCS Code Parameter Description Monthly Average Monthly Geometric NJ can Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 1301), 5-bay (20 °C) mg/L 3 x Year' 3 x Year' Z Grab Grab 31616 Cbliforni. Fecal MF, NI-FC° Broth, 44.5 °C #/100 niL 50050 Flow. in Conduit or thru Treatment Plant 75,000 GPb Continuous Recorder t10630 Nitrite plus Nitrate TotaI 1 DET (as N) mg/l, 3 x Year' Grab 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year ` Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 3 x Year Grab 00400 p1l su su 3 x Year Grab 00665 Phosphorus, Total (as P) rng/L 3 x Year ` Grab 00530 Solids. "Total Suspended mall 3 x Year( Grab 1. 3 x Year sampling shall be conducted every March, July and November. 2. Monthly average for Fecal Coliform shall be a geometric mean. WQ0029635 Version 1.1 Attachment A Page 1 of 2 )f PI 002 — WWTP Effluent (Effective July I, 2012) EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L Monthly Grab 00940 Chloride (as Cl) mg/L 3 x Year' Grab 31616 Colirorm, Fecal MF, M-FC Broth, 44.5 °C #/IOU mL Monthly 2 Grab 50050 Flow, in Conduit or thru Treatment Plant 75,000 GPD Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L Monthly Monthly Grab Grab 00025 Nitrogen, Kjeldahl, "rota! (as N) tng/L 00620 Nitrogen, Nitrate Total (as N) mg/L Monthly Grab 0D 400 pl I su su 'Weekly 3 / a 5 k Week Grab 00665 Phosphorus, Total (as P) mg/L Monthly Grab 70300 Solids, 'Total Dissolved — 180 °C mg/L 3 x Year' Grab 00530 Solids, Total Suspended mg/L Monthly Grab I. 3 x Year sampling shall be conducted every March, July and November. 2. Monthly average for Fecal Coliform shall be a geometric mean. 3. While the monthly average daily flow (ADF) is less than 10,000 gallons per day (GPD). the Permittee shall sample pli (00400) on a weekly basis. 4. When the monthly ADF exceeds 10,000 GPD, the Permittee shall sample pH (00400) five times per week. %—Q0029f /ersion 1.1 Ali lent A le 2 of 2 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Per ntil Number: WQ0029635 Version: 1.1 Sunset Pointe on High Rock IIOA, LLC - Sunset Pointe Subdivision IRRIGATION AREA INF0RMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter [hourly Rate Yearly Max Units I Sunset Pointe on Iligh Rock 110A, LLC Rowan 35.674428° -80,353609' 2.5 Mecklenburg 01284-Non-Discharge Application Rate 0.3 40.27 inches 2 Sunset Pointe on high Rock 110A- LLC Rowan 3 5.67442 1 ° -80.354332' 2.5 Mecklenburg 01284 - Non -Discharge Application Rate 0.3 40.27 inches 3 Sunset Pointe on High Rock HOA, LLC Rowan 35.674434' -80.355093' 2.5 Mecklenburg 01284 - Non -Discharge Application Rate 0.3 40,27 inches 4 Sunset Pointe on high Rock 110A. LLC Rowan 35.6755580 -80.3553000 2.6 Mecklenburg 01284 - Non -Discharge Application Rate 0.3 40.27 inches 5 Sunset Pointe on High Rock 110A, LLC Rowan 35.674567' -80.355797' 2.5 Mecklenburg 01284 - Non -Discharge Application Rate 0.3 40.27 inches 6 Sunset Pointe on Iligh Rock IIOA. LLC Rowan 35.676232' -80.3555600 2.4 Mecklenburg 01284-Nan-Discharge Application Rate 0.3 40.27 inches 7 Sunset Pointe on Iligb Rock 110A, LLC Rowan 35.676249' -80.35699V 2.4 Mecklenburg 01284-Non-Discharge Application Rate 0.3 40.27 inches 8 Sunset Pointe on high Rock 14OA, LLC Rowan 35.675637' -80.357269' 2.5 Mecklenburg 01284 -- Non -Discharge Application Rate 0.3 40.27 inches 9 Sunset Pointe on High Rock HOA, LLC Rowan 35.674862' -80.357228° 2.5 Mecklenburg 01284 - Non -Discharge Application Rate 0.3 40.27 inches 10 Sunset Pointe on High Rock 1-10A. LLC Rowan 35.6743900 -80.356983. 2.5 Mecklenburg 01284-Non-Discharge Application Rate 0.3 40.27 inches I I Sunset Pointe on High Rock I10A, LLC Rowan 35.6730730 -80.3550630 2.5 Mecklenburg 01284 - Non -Discharge Application Rate 0.3 40.27 inches 12 Sunset Pointe on High Rock 110A, LLC Rowan 35.6730600 -80.3543370 2.5 Mecklenburg 01284 -Non-Discharge Application Rate U.3 40.27 inches 13 Sunset Pointe on High Rock 110A, LLC Rowan 35.672005° -80,3537110 2.7 Mecklenburg 01284 - Non -Discharge Application.Rate 0.3 40.27 inches 14 Sunset Pointe on High Rock 110A, 1.LC; Rowan 35.672091' -80.3547850 2.1 Mecklenburg 01284 - Non -Discharge Application Rate U.3 40.27 inches ntal 34.7 _E E Q00'9r,35 Version 1.1 Attachment B Page I of 2 THIS PAGE BLANK 1' Q0029f ersion 1.1 Att• lent B age 2 of 2 ATTACHMENT C---GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0029635 Version: 1.1 Mouitoring wells: MW-1, MW-2 ssrrd MW-3 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCs Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 tnL 3 x Year Grab I 00610 Nitrogen, Ammonia Total (as N) L5 mg/L 3 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pFl 6.5-8.5 su 3 x Year Grab 1,2 70300 Solids. Total Dissolved - 180 °C 500 mg/L 3 x Year Grab I 82546 Water level, distance from measuring point ft 3 x Year Calculated 1, 2,3 1. 3 x. Year monitoring shall be conducted in March, July & November. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall he measured from the surveyed point on the top of the casing. The measurement of plt shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring well,,; 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 sliall lie surveyed relative to a common datum. 4. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure I and this attachment. W(11002Q635 'Version 1.1 Attachment C Page I of I Field 7 Field 6 ;bWVVTP t ' fA {Y 7 Field18 W-e't Weather'Storage Pond Field 4 `" m_3 mvv Field q•- p- G4rt J Field 5 , Reid 3 r\. _ _ Flelcl, TO Field 2 Field I MVV-2 Field 11 Field 12 •,,' ld 14 W_ Field 13 •. , Y r` " .ter ?i to 0.2011 .Go'ogle 1 tat 35.673964` Ion-80,355010r cs ev 697 fI y duo alt 28,1�aF5i Figure 2 --- Directional Map WQ0029635 Sunset Pointe, Salisbury, NC 28146 Sunset Pointe on High Rock HOA, LLC Latitude: 35.676131' Sunset Pointe Subdivision Longitude:-80.354519' -IAN 52 ` 3 i^ ?C3 l: 1 l I _ R IA h 0 Ferry RIA ' ' b R E rL R E FY Weik"��' si t . 0 m Fe cd Hig AOV w L' W4,011 GCDCal=- IARP=a4=011 Goaglejerma of Uwe Figure 3 — Too raphic Map WQ0029635 Sunset Pointe, Salisbury, NC 28146 Sunset Pointe on High Rock HOA, LLC Latitude: 35.676131' Sunset Pointe Subdivision Longitude: -80.354519' N f i I J. �ria 2 , v ' �y\} ,�� �, (, • .■" ■ FERR II{p,: i`[ .• fa 7 g 60 UR WN, 21.271' f zl A f J.. A A A STATE OF NORTH CAROLINA COUNTY OF k ot✓ 4'y Permit No. Z � OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 1 l day of J UZ zZ c� / I , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and G-G G , 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. WITNES SETH: The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as S&. 171515� f V��/75 -41 06 (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 fixnds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 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: I. 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 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. FORM: HOA 06-07 Page 1 of 2 3. The ASSOCIATION 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 fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made as necessary at any time. 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 easements 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 made 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 issuance of permit. 7. The ASSOCIATION 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 ASSOCIATION's successor. 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 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 S viys� �` �� ©111 ff1,6 k �� /� # L �c MANAGEMENT COMMISSION Name of ASSOCIATION B; en H. Director (Signature)l, iviesion Water Quality Print Name and T"tle 77 (Date) (Date) I FORM: HOA 06-07 Page 2 of 2