WQ0029853_Final Permit_20061025

NQ W A�� Michael F. Easley, Governor
dWilliam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C Atari W. Klimek, P.E. Director
Division of Water Quality
October 25, 2006
CHUCK DEMERS — OWNER
POST OFFICE Box 10196
WILMINGTON, NORTH CAROLINA 28402
Subject: Permit No. WQ0029853
Hampstead Retail Center
Wastewater Treatment and
Reclaimed Water Utilization System
Pender County
Dear Mr. Demers;
In accordance with your minor modification request received September 12, 2006, we are
forwarding herewith Permit No. WQ0029853, dated October 25, 2006, to Chuck Demers for the
construction only of the subject wastewater treatment and reclaimed water utilization system. The minor
modification request is to change Condition IV(1)(a) from ninety (90) days after permit issuance to prior
to operation.
This permit shall be effective from the date of issuance until March 31, 2011, shall void Permit No.
WQ0029853 issued April 7, 2006, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish
an adequate system for collecting and maintaining the required operational information will result in
future compliance problems.
Please pay particular attention to the following conditions for they must be completed prior to
operation of the subject facility:
✓ Condition I(1): This condition requires that the irrigation area is reevaluated by a licensed soil
scientist prior to construction of the irrigation system. Specifically, the site shall be evaluated to
ensure that the restricted hard pan layer is effectively broken up.
✓ Condition I(2): This condition requires that the Permittee provide documentation that they are
the legal property owner prior to operation of the subject facilities.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit- This request must 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, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
NorthCarol'na
Naturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Irxternet; www.newaterquality,org 2728 Capital Boulevard Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

If you need additional information concerning this matter, please contact Nathaniel Thornburg at
[phone].
;Sincerel
Alan W. Klimek, P.E.
cc: Pender County Health Department
Wilmington Regional Office, Aquifer Protection Section
Douglas N. Haggett, PE -- Haggett Engineering Associates, Inc.
Technical Assistance and Certification Unit
Aquifer Protection Central Files
LAU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER TREATMENT AND RECLAIMED WATER 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
Chuck Deniers
Pender County
FOR THE
construction only of a 5,760 gallon per day (GPD) wastewater treatment and reclaimed water utilization
system consisting of:
an 8,350 gallon baffled septic tank with dual effluent filters; a 2,500 gallon flow equalization basin with
two (2) 16 gallon per minute (GPM) pumps and two (2) 24 cubic feet per minute (CFM) blowers; an
equalization valve / flow splitter box; two (2) influent flow meters; two (2) Earthtck EnvirofltersrM each
with an area of 158.7 square feet (ft); a turbidimeter; an automatic valve vault; a tablet chlorination
disinfection system; a 1,300 gallon chlorine contact basin; a 35,900 gallon wet weather storage / irrigation
pump tank with dual 26 GPM pumps and audible/visual high water alarms; a flow meter; an electronic
rain sensor; a permanent auxiliary power source; two (2) tanks in series providing 28,840 gallons of five
(5) day upset storage with dual pumps and audible/visual high water alarms; approximately 2.0 acres of
irrigation fields located within ten (10) irrigation zones; and all piping, valves and appurtances;
to serve 48,000 ftz of retail space at the Hampstead Retail Center with no discharge of wastes to the
surface waters, pursuant to the application received February 16, 2006 and subsequent additional
information received by the Division, and in conformity with the project plan, specifications, and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until March 31, 2011, and shall be subject
to the following specified conditions and limitations:

I. PERFORMANCE STANDARDS
Upon completion of site grading and shaping, but prior to construction of the irrigation facilities,
a licensed soil scientist shall conduct an amended site evaluation. This report shall specifically
address, but not be limited to, the effects of grading/construction upon the original site evaluation,
and shall be submitted to the Aquifer Protection Section's Central and. Wilmington. Regional
Offices. The evaluation should include an investigation of key areas of grading, including soil
features such as depth to seasonal high water table, depth to fractured bedrock, soil series, and
similar soil features. The report should address the site suitability to ensure the protection of
groundwater and the appropriateness of the permitted irrigation rate. Upon completion of site
grading and shaping, the soil scientist shall contact the WiRO to inquire whether or not it will be
necessary for staff to perform a revised site visit. No wastewater shall be introduced into the
treatment system until.written approval from the Division of Water Quality is received.
2. Prior to operation of the wastewater treatment and reclaimed water irrigation system., the
Permittee shall submit documentation to the Aquifer Protection Section's Central and
Wilmington Regional Offices demonstrating that the Permittee owns the approximately 10 acre
parcel (PIN Number 35103, Deed Book 1140, Page 202) currently owned by Charles & Carol
Mahoney,
3. Upon completion of construction and prior to operation of this permitted facility, a certification
must be received from a professional engineer certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting materials. If this project is to be completed in phoses andRartiall certifiedyou shall
retain the responsibilitv to track further construction a roved under the samepen-nit, and shall
rovide a final certificate of completion once the entire project has been complete . Mail the
Certification to the Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636.
4. The Wilmington Regional Office, telephone number [phone], shall be notified at least
forty-eight (48) hours in advance of operation of the installed facilities so that an in -place
inspection can be made. Such notification to the regional supervisor shall be made during the
normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State
Holidays.
5. The reclaimed water utilization facilities shall be effectively maintained and operated at all times
so that there is no discharge to the surface waters, nor any contamination of ground waters, which
will render them unsatisfactory for normal use. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to
adequately assimilate the wastewater, the Permittee shall take immediate corrective actions
including those actions that may be required by the Division of Water Quality (Division), such as
the construction of additional or replacement wastewater treatment and disposal facilities.
6. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface water or ground water resulting from the operation of this facility.
7. The residuals generated from these treatment facilities must be disposed in accordance with
General Statute 143-215.1 and in a manner approved by the Division.
8. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
2

9. The following buffers shall be maintained:
a. 100 feet between wetted areas and water supply wells,
b. 100 feet between wetted areas and waters classified as SA,
c. 25 feet between wetted areas and surface waters not classified as SA,
d. 100 feet between wastewater treatment units and wells,
e. 50 feet between reclaimed water storage/irrigation ponds and property Iines, and
f. 50 feet between wastewater treatment units and property lines.
10. Public access to the irrigation sites shall be controlled during active site use. Such controls may
include the posting of signs showing the activities being conducted at each site.
11. The disposal system shall be connected to a rain or moisture sensor that shall indicate when
wastewater application is not appropriate in accordance with Condition U(4) of this permit.
12. A usable green area shall be maintained for wastewater disposal. The green area shall have the
capability of accommodating the average daily flow of the facility being served without
exceeding the loading rates of the green area. A "green area", as defined in 15A NCAC 2H .0404
(g)(7), is an area suitable for waste disposal, either in its natural state or which has been modified
by planting a vegetative cover of grasses or low growing shrubbery.
13. 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 the water is not intended for drinking. Where appropriate, such
warning shall inform the public or employees to avoid contact with the 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 Iettering 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.
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
as being of non -potable quality. 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 as non -potable water.

H. OPERATION AND MAINTENANCE REQUIREMENTS
I. The facilities shall be properly maintained and operated at all times
2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate
and employ a certified operator to be in responsible charge (ORC) and one or more certified
operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The
ORC shall visit the facilities in accordance with 15A NCAC 8G .0204 or as specified in this
permit and shall comply with all other conditions specified in these rules.
A suitable, year-round vegetative cover of Coastal Bermuda Grass shall be maintained on the
irrigation areas.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition
that will cause runoff.
5. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field.
6. 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.
7. The application and instantaneous loading (i.e. dosing rate) rates shall not exceed the following:
Irrigation Zone
�t)
Dominant Soil Series
Instantaneous
Loading Rate
(inches/dose)
Annual Loading
Rate
(inches/year)
1
8,648
Leon
0.2
39.0
2
8,648
Leon
0.2
39.0
3
8,648
Leon
0.2
39.0
4
8,648
Leon
0.2
39.0
5
8,648
Leon
0.2
39.0
6
8,648
Leon
0.2
39.0
7
8,648
Leon
0.2
39.0
8
8,648
Leon
0.2
39.0
9
8,648
Leon
0.2
39.0
10
8,648
Leon
0.2
39.0
Total
86,648
An automatically activated standby power source 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.
9. No type of wastewater other than that from the Hampstead Retail Center shall be irrigated onto
the irrigation area.
10. All wastewater shall be routed to the five-day holding tank should the limit for fecal coliform
(daily maximum concentration of 25 per 100 ml) or turbidity (instantaneous maximum of 10
NTU) be exceeded, until such time that the problems associated with the treatment capability of
the wastewater treatment plant have been. corrected. The wastewater in the five-day holding tank
shall be pumped back to the treatment plant for re -treatment or treated in the five-day pond prior
to discharge to the storage tank.
4

III. MONITORING AND REPORTING RE UIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and
an acceptable sampling reporting schedule shall be followed.
2. Influent flow shall be continuously monitored and daily average flow values shall be reported on
Form NDMR. Flow may be estimated from water use records provided water use is metered.
Daily average values shall be calculated by dividing monthly flow volume by the number of days
in the month.
3. As an indicator of proper operation and maintenance, the facility shall produce an effluent in
compliance with the following limitations:
Parameter
Monthly Averagea
Daily (Instantaneous) Maximum c
Flow
5,760 GPD
BOD5 (5-day, 20°C)
10 mg/l
15 mg/1
NH3 as N
4 mg/1
6 mg/l
TSS
5 mg/1
10 mg/l
Fecal Coliform
14 per 100 ml b
25 per 100 ml
Turbidity
10 NTU
The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
a
Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples
collected during the reporting period.
b
Monthly average for fecal coliform shall be the geometric mean of all samples collected
during the reporting period.
c
Daily maximum shall be the maximum value of all samples collected during the reporting
period.
5

The Permittee shall monitor the effluent from the subject facilities at a point prior to irrigation for
the following parameters:
Parameter
Sampling Point
Sampling Frequency
Type of Sample
Flow
Influent or Effluent
Continuous
Recording
Turbidity
Effluent
Continuous
Recording
BOD5 (5-day, 200C)
Effluent
*2/Month
Composite
NH3 as N
Effluent
*2/Month
Composite
TSS
Effluent
*2/Month
Composite
Fecal Coliformm.
Effluent
*2/Month
Grab
Settleable Matter
Effluent
Daily
Grab
Residual Chlorine
Effluent
Daily
Grab
NO3
Effluent
Triannually
Grab
TDS
Effluent
*Triannually
Grab
TOC
Effluent
Triannually
Grab
Chloride
Effluent
Triannually
Grab
PH
Effluent
Triannually
Grab
* 2/Month sampling frequency only during the months of April through October. During the
remainder of the year, these parameters shall be monitored monthly.
** Triannually sampling shall be conducted during March, July and November.
If Groundwater sampling indicates or predicts problems with the compliance with Groundwater
Standards, this permit will be modified to include additional and/or more restrictive limitations.
4. The Permittee shall maintain adequate records tracking the amount of wastewater disposed.
These records shall include, but are not necessarily limited to the following information:
a. Date and time of irrigation,
b. Volume of wastewater irrigated,
c. Zone irrigated,
d. Length of time zone is irrigated,
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each zone,
£ Weather conditions, and
g. Maintenance of cover crops.
S. Three (3) copies of all monitoring data [as specified in Conditions I11(2) and III(3)] on Form
NDMR-1 and three (3) copies of all operation and disposal records [as specified in Condition
III(4)] on Form NDAR-1 shall be submitted monthly on or before the last day of the following
month. All information shall be submitted to the following address:
NC Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
6. A record shall be maintained of all residuals removed from this facility. This record shall include
the name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to
accept the residuals, date the residuals were hauled, and volume of residuals removed.
C-1

7. A maintenance log shall be maintained at this facility including but not limited to the following
items:
a. Daily sampling results of dissolved oxygen in the Envirofilters.
b. Visual observations of the plant and plant site.
c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm
testing, diffuser inspections and cleanings, etc.).
d. Date of calibration of flow measurement device.
e. Date and results of power interruption testing on alternate power supply.
8. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number
[phone], 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 wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester; the known passage of a slug of hazardous
substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable
of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of
compliance with its permit Iimitations.
Occurrences outside normal business hours may also be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], or
[phone]. Persons reporting such occurrences by telephone shall also file a written
report in letter form within five (5) days following first knowledge of the occurrence. This
report must outline the actions taken or proposed to be taken to ensure that the problem does
not recur.
IV. GROUNDWATER REQUIREMENTS
I. Well Construction Criteria:
a. Prior to operation of the wastewater treatment and reclaimed water facilities, three (3)
monitor wells (MW-1, MW-2 and MW-3), 1 upgradient and 2 downgradient, shall be
installed to monitor groundwater quality. The wells shall be constructed such that the water
level in each well is never above or below the screened (open) portion of the well at any time
during the year. The general location for monitoring wells MW-1, MW-2 and MW-3 is
marked on Figure 1. Each monitoring well shall be constructed in accordance with this
permit, and approved by the Wilmington Regional Office.
7

b. The wells must be constructed by a North Carolina Certified Well Contractor, the property
owner, or the property lessee according to General Statutes 87-98.4(b)(2). If the construction
is not performed by a certified well contractor, the property owner or lessee must physically
perform the actual well construction activities, and the well(s) must be constructed according
to the North Carolina Well Construction Standards (15A NCAC 2C .0108) and the local
county rules.
c. The Wilmington Regional Office, telephone number [phone], shall be notified at least
forty-eight (48) hours prior to the construction of any monitoring well so that an inspection
can be made of the well locations. Such notification to the regional Aquifer Protection
supervisor shall be made during the normal office hours from 8.00 a.m. until 5:00 p.m. on
Monday through Friday, excluding state holidays.
d. Within thirty (30) days of completion of all well construction activities, a certification must
be received from a professional engineer or a licensed geologist certifying that the monitoring
well(s) are constructed and located according to this permit.
2. Sampling Criteria:
a. Monitor wells MW-1, MW-2 and MW-3 ' shall be sampled initially after construction and
prior to waste disposal operations, and thereafter every March, July and November for the
parameters listed below. Prior to sampling the parameters, the measurement of water levels
must be taken. The depth to water in each well shall be measured from the surveyed point on
the top of the casing. The measuring points (top of well casing) of all monitoring wells shall
be surveyed relative to a common datum.
Nitrate (NO3-N)
Water Level
Fecal Coliforms
Total Dissolved Solids (TDS)
Chloride
pH (field)
Total Phosphorus
Total Ammonia Nitrogen (NH3-N)
Total Organic Carbons (TOC)
Volatile Organic Compounds (VOCs) *
* Sampled in November only.
b. For Total Organic Carbon (TOC), if concentrations greater than 10 mg/1 are detected in any
down -gradient monitoring well, additional sampling and analysis must be conducted to
identify the individual constituents comprising this TOC concentration. If the TOC
concentration as measured in the background monitor well exceeds 10 mg/l, this
concentration will be taken to represent the naturally occurring TOC concentration. Any
exceedances of this naturally occurring TOC concentration in the down -gradient wells shall
be subject to the additional sampling and analysis as described above.
c. For Volatile Organic Compounds (VOCs) sampled in November, use only one of the
following methods:
1) Standard Method 6230D, Practical Quantitation Limit (PQL) at 0.5 µg/L or less
2) Standard Method 6210, PQL at 0.5 Ag/L or less
3) EPA Method 8021, Low Concentration, PQL at 0.5 gg/L or less
4) EPA Method 8260, Low Concentration, PQL at 0.5 gg/L or less
5) Another method with prior approval from the Division.
Any of the referenced methods used for VOCs must at a minimum, include all the
constituents listed in Table VIII of Standard Method 6230D. Any method used must provide
a PQL of 0.5 pg/L or less, which must be supported by laboratory proficiency studies as
required by the DWQ Laboratory Certification Unit. Any constituents detected above the
Method Detection Limit (MDL) but below the PQL of 0.5 }rg/L must be qualified (estimated)
and reported.

d. Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ)
certified for those parameters required.
3. Reporting I Documentation:
a. All reports and documentation (GW-1, GW-30, GW-59) shall be mailed to the following
address:
NC Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, NC 27699-1636
Updated blank forms (GW-1, GW-30, GW-59) may be downloaded from
b=://h2o.enr.state.nc.us/ws/gpu/forms.btm or requested from the address mentioned above.
b. For the initial sampling of the wells, the permittee shall submit a copy of the GW-1 Form
(Well Construction Record) with the Compliance Monitoring Form (GW-59) for each well to
the address listed in the "Reporting / Documentation" section of the Groundwater
Requirements. Initial Compliance Monitoring Forms that do not include copies of the GW-1
form may be returned to the permittee without being processed. Failure to submit these
forms as required by this permit may result in the initiation of enforcement activities
pursuant to NC General Statutes 143-215.6A.
c. The results of the sampling and analysis must be received on Form GW-59 (Groundwater
Quality Monitoring: Compliance Report Form) by the Aquifer Protection Section (address
listed in the "Reporting / Documentation" section of the Groundwater Requirements), on or
before the last working day of the month following the sampling month. The data of all
groundwater sampling analyses required by the permit conditions must be reported using the
most recent GW-59 form along with attached copies of the laboratory analyses.
d. Within sixty (60) days of completion of the monitoring well(s), the permittee shall submit two
original copies of a scaled site map (scale no greater than 1"=100'); however, special provisions may
be granted upon prior approval for large properties. The map(s) must include the following
information:
1) The location and identity of each monitoring well.
2) The location of maj or components of the waste disposal system.
3) The location of property boundaries within 500 feet of the disposal area(s).
4) The latitude and longitude of the established horizontal control monument.
5) The elevation of the top of the well casing (which shall be known as the "measuring point")
relative to a common datum.
6) The depth of water below the measuring point at the time the measuring point is established.
7) The location of Review and Compliance boundaries.
8) The date the map is prepared and/or revised.
Control monuments shall be installed in such a manner and made of such materials that the
monument will not be destroyed due to activities that may take place on the property. Maps and any
supporting documentation shall be sent to the Aquifer Protection Section as addressed in the
"Reporting / Documentation" above.
The permittee is responsible for the geographic accuracy of any map submitted, however
produced.

4. The COMPLIANCE BOUNDARY and REVIEW BOUNDARY for the waste disposal area(s) is
specified by regulations in 15A NCAC 2T, Waste Not Discharged to Surface Waters. The
Compliance Boundary and the Review Boundary for groundwater shall be established at the
property boundary. An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2).
5. Waste shall not be applied or discharged onto or below the land surface when the vertical
separation between the waste and the seasonal high water table is less than one (1) foot.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure
proper operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to
prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to
the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee
shall keep an inspection log or summary including at least the date and time of inspection,
observations made, and any maintenance, repairs, or corrective actions taken by the Permittee.
This log of inspections shall be maintained by the Permittee for a period of three years from the
date of the inspection and shall be made available upon request to the Division or other permitting
authority.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation
of credentials, enter and inspect any property, premises or place on or related to the disposal site
or facility at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records that must be maintained under the terms and conditions of this
permit, and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
The Operational Agreement 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.
4. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be submitted
to the Division accompanied by an application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request will be considered
on its merits and may or may not be approved.
5. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina General
Statute 143-215.6A to 143-215.6C.
10

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 government agencies
(local, state, and federal) which have jurisdiction, including but not limited to applicable river
buffer rules in 15A NCAC 2B.0200, erosion and sedimentation control requirements in 15A
NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements
pertaining to wetlands under 15A NCAC. 2B .0200 and 2H .0500.
7. The Permittee shall retain a set of approved plans and specifications for the subject facility for the
life of the project.
8. The Permittee shall pay the annual administering and compliance fee within thirty days of being
billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action
to revoke this permit as specified by 15 NCAC 2T .0105(e)(3).
9. The Permittec, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the facilities
described therein, and if warranted, will extend the permit for such period of time and under such
conditions and limitations as it may deem appropriate.
10. The subject wastewater treatment and disposal facilities shall be connected to an operational
publicly owned wastewater collection system within 180 days of its availability to the subject
facilities, if the subject wastewater treatment or disposal facilities are in noncompliance with the
terms and conditions of this non -discharge permit or the governing statutes or regulations. Prior
to the initiation of these connection activities, appropriate approval must be received from this
Division.
Permit issued this the 2, j day of October 2006
NORTH C INA ENU O NTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0029853

Permit No, WQ0029853
October 25, 2006
ENGINEER'S CERTIFICATION
Partial Final
1, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,
Project Name
Location and County
for the Perrnittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction, such that the construction was observed to be built within substantial
compliance and intent of this permit, the approved plans and specifications, and other supporting
materials.
Signature
Date
Registration No.
12

r
'!I F134 24 2 .- 773948
� r
• y;
,001r
wit,•.
awn
�r'
' int P 3 '2�'��i!13' hi; '77-39-95.00- ,W
d 204 a,#toq
Ettti Ssr�aml��'14ti�l�114 4U�96 ��+e,a�t� i�87'iC

WQ0029853 — Hampstead Retail Center
US Highway 17
Hampstead, NC 28443
Latitude: 34' 24' 25" Longitude: -77° 39' 48"

I

STATE OF NORTH CAROLINA
COUNTY OF PENDER Permit No. W ..
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143--215.1 (dl) and entered into this 16th day of
_February 2006, by and between the North Carolina Environmental Management Commission, an
agency of the State of North Carolina, hereinafter known as the COMMISSION; and Chuck Demers , a
corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter
known as the DEVELOPER.
WITNES SETH:
1. The DEVELOPER is the owner of the certain lands lying in .fender County, FtFpbn1v ii2R'U6is erecting
an.A;ij,LeTe�d�Jel�lllgiini.ts-and-other in p.rQY2m=is GaiL develapmenlAcLhe-
as Hampstead Retail Center (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 or 47F of the North Carolina General Statutes.
S4 . The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (hereinafter
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.
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.
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:
1. 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 DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
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.
1--nri r K. 1Z=x r nn rrn? n _ 1_ r n

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
'aI assesstn�n�s-t8�ee�er-st�eh-,�e���.#y-eB�iS--�1�•91i$1-1-i3�-13f�-ii�i3�9i3--t%1fl4•Hi�19�I��-t�-&�lG�k
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 woui-1 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 COMNIISSION 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 CONMSSION 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 he parties hereto on the day and year written as indicated by each of the parties named below:
FOR THEE . IRO L Chuck Demers
MAN¢t�r NT C�, ION Name of DEVELOPER
Man W. Klimek, P.E., Director
Division of Water Quality
(Date)
B:
(Signature)
Chuck Demers / Owner
Print Narne and Title
(Date)