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HomeMy WebLinkAboutWQ0029962_Final Permit_20060620�[)F WA�G Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q Al2n W. Klimek, P.E. Director Division of Water Quality June 20, 2006 J. Wilton Graves Graves Development Corporation PO Box 6 Waynesville, NC 28716 Subject: Permit No. WQ0029962 Cold Mountain Development Wastewater Treatment and Reclaimed Water Utilization System Haywood County Dear Mr. Graves: In accordance with your permit application received February 1, 2006, and subsequent additional information received March 30, 2006 we are forwarding herewith Permit Number WQ0029962, dated May 26, 2006, to Graves Development Corporation for the construction and operation of the subject wastewater treatment and reclaimed water utilization system. This permit shall be effective from the date of issuance until April 30, 2011, 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. 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. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Nathaniel Thornburg at (919) 7156160. Sincerel .Alan W. Klimek, P.E. CC'. Haywood County Health Department Asheville Regional Office, Aquifer Protection Section Mark Brooks, Brooks & Medlock Engineering, PLLC Technical Assistance and Certification Unit Aquifer Protection Central Files LAU Files Mons hCarolina ma'6tlld,/ Aquifer Protection Section 1636 Mail service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service lntemet: www.ncwaterquality.org 2728 Capital Boulevard Raleigh, NC 27604 FAX (919) 715-6048 1-877-623-6749 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l0a/,, Post Consumer Paper 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 Graves Development Corporation Haywood County FOR THE construction and operation of a 80,000 GPD wastewater treatment and reclaimed water utilization system consisting of a manually cleaned bar screen, a 30,000 gallon flow equalization basin, a flow splitter box, two aeration basins 28,985 gallons each, two clarifiers 14,393 gallons each, one 21,191 gallon sludge holding basin, a tertiary filter, a Trojan UV 3150 -PTP disinfection unit, a V -notch weir flow measuring device, a continuous effluent turbidity monitoring device, a 23,000 gallon anoxic tank, a permanent auxiliary power source, a 400,000 gallon five day upset tank, an 88,755 ft3 storage pond, a 400,000 gallon wet weather storage tank, a 17,952 gallon pump tank and 20.77 acres of drip irrigation area to serve Cold Mountain Development with no discharge of wastes to the surface waters, pursuant to the application received February 1, 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 May 31, 2011, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. 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 phases and partially certified you shall retain the responsibilily to track further construction approved under the same permit, and shall provide_ a final_ certificate of completion once the entire project has been completed. Mail the Certification to the Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2. The Asheville Regional Office, telephone number (828) 296-4500, 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. 3. The reclaimed water utilization facilities shall be effectively maintained and operated at all tinges 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. 4. 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. 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. 6. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 7. 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 lines, and f. 50 feet between wastewater treatment units and property lines. 8. 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. A sign shall be posted in plain sight in the clubhouse showing these activities. 9. A leakage test shall be performed on the septic tank and dosing tank to insure that any exfiltration occurs at a rate, which does not exceed twenty (20) gallons per twenty-four (24) hours per 1,000 gallons of tank capacity. The engineer's certification will serve as proof of compliance with this condition. 10. 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 II(4) of this permit. 11. 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 lettering on purple (i.e., Pantone 522) field stating "CAUTION: RECLAIMED WATER — DO NOT DRINK." Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe. 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 too] or connected to a special hose connection, may be placed in non -lockable underground services boxes clearly labeled as non -potable water. 12. Prior to operation, the permittee shall submit a map to the Division that includes the compliance and review boundaries. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. 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 rales. 3. A suitable, year-round vegetative cover 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. The application rate shall not exceed a cumulative loading of 52 inches over any twelve (12) month period at an instantaneous application rate not to exceed 0.4 inches per hour. 8. 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 Cold Mountain Development shall be irrigated onto the irrigation area. 10. Freeboard in the storage pond shall not be less than two feet at any time. 11. A waste -level gauge, to monitor waste levels in the storage pond, shall be installed within 60 days of issuance of this permit or prior to operation. This gauge shall have readily visible permanent markings indicating the 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 top of the dam elevations. Caution must be taken not to damage the integrity of the liner when installing the gauge. 12. A protective vegetative cover shall be established and maintained on all earthen basin embankments (outside toe of embankment to maximum pumping elevation), 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 basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible. 13. All wastewater shall be routed to the five-day holding pond should the limit for fecal coliform (daily maximum concentration of 25 per 100 m]) 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 pond shall be pumped back to the treatment plant for re -treatment or treated in the five-day pond prior to discharge to the storage pond. III. MONITORING AND REPORTING REQUIREMENTS 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 flow values shall be reported on Form NDMR. The Permittee shall install an appropriate flow measurement device consistent with approved engineering and scientific practices to ensure the accuracy and reliability of influent flow measurement. Flow measurement devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of once per year, and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Permittee shall keep records of flow measurement device calibration on file for a period of at least three years. At a minimum, data to be included in this documentation shall be: a. Date of flow measurement device calibration b. Name of person performing calibration c. Percent from true flow Plans and specifications for the flow measuring device shall be prepared by a licensed Professional Engineer and submitted to the appropriate regional office 30 days prior to installation. The flow -measuring device shall be installed within 1 year of the date of this permit. 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 Flow 80,000 GPD BODS (5 -day, 20°C) 10 mg/l 15 mg/l NH3 as N 4 mg/1 6 mg/l TSS 5 mg/l 10 mg/1 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. 4 a Monthly averages for all but fecal coliform shall be the arithmetic ;Wean 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. Daily maximum shall be the maximum value of all samples collected during the reporting period. The Permittee shall monitor the effluent from the subject facilities at the 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, 24°C) Effluent *2/Month Composite NH3 as N Effluent *2/1\4onth Composite TSS Effluent *2/Month Composite Fecal Coliform Effluent *2/Month Grab Settleable Matter Effluent Daily Grab NO3 Effluent Triannually Grab 'IDS Effluent Triannually Grab TOC Effluent **Trlannually 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, f. Weather conditions, and g. Maintenance of cover crops. 5. Freeboard in the storage pond shall be recorded weekly. 5 6. Three (3) copies of all monitoring data [as specified in Conditions III(2) and III(3)] on Form NDMR-1 and three (3) copies of all operation and disposal records [as specified in Conditions 111(4) and III(5)] 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 7. 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. 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 aeration basin and at the clarifier weir. 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. 9. 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 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 pumpirig 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 limitations. Occurrences outside normal business hours may also 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 (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. C1 N. GROUNDWATER REQUIREMENTS Prior to beginning waste disposal operations, three monitor wells; MW -1, MW -2 and MW -3 shall be installed to monitor groundwater quality. The wells shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year. The general location and name for each well is marked on Attachment A. Each monitoring well shall be located at the review boundary, constructed in accordance with this permit, and approved by the Asheville Regional Office. 2. The measuring points (top of well casing) of Monitor Wells MW -1, MW -2 and MW -3 shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. 3. Monitor wells MW -1, MW -2 and MW -3 shall be sampled initially after construction and before land application to the adjacent field, and thereafter every March, July, and November for the following parameters: Chloride Total Ammonia Fecal Coliforms Total Dissolved Solids Nitrate Nitrogen Water Levels pH Volatile Organic Compounds —(In November only) Volatile Organic Compounds (VOC) by one of the following methods: (A) Standard Method 6230D, PQL at 0.5 µg/L or less (B) Standard Method 621 OD, PQL at 0.5 �tg/L or less (C) EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less (D) EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less (E) Another method with prior approval by the Aquifer Protection Section Chief Any method used must meet the following qualifications: (1) A laboratory must be DWQ certified to run any method used. (2) The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. (3) The method used must provide a pql of 0.5 gg/L or less that must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported. The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. If any volatile organic compounds are detected by the methods listed, then the Asheville Regional Office Aquifer Protection Supervisor, telephone number (828) 296-4500, must be contacted immediately for further instructions regarding any additional follow-up analyses required. The results of all initial and follow-up analyses must be submitted simultaneously. The results of the sampling and analysis must be received on Form GW -59 (Groundwater Quality Monitoring: Compliance Report Form) by the Division of Water Quality, Information Processing Unit, 1617 Mail Service Center, Raleigh, N.C. 27699-1617 on or before the last working day of the month following the sampling month. 4. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance", with 15A NCAC 2C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. 7 5. Within sixty (60) days of completion of all monitoring wells, the permittee shall submit two original copies of a scaled topographic map (scale no greater than 1":100') signed and sealed by a professional engineer or a state licensed land surveyor that indicates all of the following information: a. the location and identity of each monitoring well, b. the location of the waste disposal system, C, the location of all property boundaries, d, the latitude and longitude of the established horizontal control monument, el the relative elevation of the top of the well casing (which shall be known as the "measuring point"), and f. the depth of water below the measuring point at the time the measuring point is established. The survey shall be conducted using approved practices outlined in North Carolina General Statutes Chapter 89C and the North Carolina Administrative Code Title 21, Chapter 56. The surveyor shall establish a horizontal control monument on the property of the waste disposal system and determine the latitude and longitude of this horizontal control monument to a horizontal positional accuracy of +/- 10 feet. All other features Iisted in a. through e. above shall be surveyed relative to this horizontal control monument. The positional accuracy of features listed in a. through e. above shall have a ratio of precision not to exceed an error of closure of 1 foot per 10,000 feet of perimeter of the survey. Any features located by the radial method will be located from a minimum of two points. Horizontal control monument 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. The map shall also be surveyed using the North American Datum of 1983 coordinate system and shall indicate the datum on the map. All bearings or azimuths shall be based on either the true or NAD 83 grid meridian. If a Global Positioning System (GPS) is used to determine the latitude and longitude of the horizontal control monument, a GPS receiver that has the capability to perform differential GPS shall be used and all data collected by the GPS receiver will be differentially corrected. The maps and any supporting documentation shall be sent to the Division of Water Quality, Land Application Unit, Mail Service Center 1636, Raleigh, N.C. 27699-1636. 6. Within thirty (30) days of completion of all well construction activities, a certification must be received from a professional engineer certifying that the monitoring wells are located and constructed in accordance with the Well Construction Standards (15A NCAC 2C) and this permit. This certification should be submitted with copies of the Well Completion Form (GW -1) for each well. Mail this certification and the associated GW -1 forms to the Division of Water Quality, Information Processing Unit, Mail Service Center 1617, Raleigh, N.C. 27699.1617. 7. No land application of waste activities shall be undertaken when the seasonal high water table is less than one feet below land surface. 8. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 9. The Compliance Boundary and Review Boundary for the waste disposal area(s) is specified by regulations in 15A NCAC 2H, Waste Not Discharged to Surface Waters, specifically, .0219(k)(1)(C)(i)(I1I). The Compliance Boundary and 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). 10. The Asheville Regional Office, telephone number (828) 296-4500, 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 monitoring well location. Such notification to the regional groundwater 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. 11. For the initial sampling of the well as specified elsewhere in the permit, the permittee shall submit a copy of the GW -1 Form (Well Completion Form) with the Compliance Monitoring Form (GW -59) for that well. Compliance Monitoring Forms that do not include copies of the GW -1 form will 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 143-215.6. 12. The permittee shall submit well construction schematics and coordinates for MW -I and MW -2 V. INSPECTIONS 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. VT. 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. 3. 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.. 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. G1 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 211.0205 (c)(4). 9. The Permittee, 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. Permit issued this the 20`x' day of June 2006 NORTH OLIVA E IRONMENTAL MANAGEMENT COMMISSION -�rAlan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0029962 10 Permit No. WQ0029962 June 20, 2006 ENGINEER'S CERTIFICATION Partial Final I, , 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 Permittee 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 11 Registration No. is 1 oi.ry 1 �� aaa , aa�laaa ala aaa�a a.1 xMIN w%IN %a NA4R'4q 93' 444 44:RAg9a9 � 7q�94-q y 685 •tiny RA till. 144- :14; 41i: p, rJ lowill Mw ! ��\, } i -����'- ��—��r;� ��''_ ��`�`���'//I�/��`t (� �•, �. Ili • ; � � ����.� ! ��; i/� �3. � �� � , .�- r lam, � ��', �� `�-'�-�'` _ Y :��1}Y�., �-•� � � ,`, �,-�,. . 1 �1'r� ! �''' } 1 �' C 1`-� ��`��\fit 1 � t �� � r�����'�` ` '..-'-'t '• 1� `} ! iii,' �' � : r��{ 1 `. • ,%,�\;, �\'. \ .,4 � I _i -� � ��� ��� \; i• Ili, 7 f�jr r f�� ' 1�1�~.� �~J "- j \� ��\\�\�,�,+,�• � ! 1`..11 1,1,i _' � � _ � ,}`, ,'\ �� }11 `I4 �lly ��` � '��I ' 4 -i I { I �j �jffr � ��� �✓--�. `�� � a• 1i��''�\\`�\\\\��\;�;�\,� �� 1�1��1��4jYi�r I���1I�)J��llry>��(�}�lJ' i ~i ��-��' ) ',a t 'IS\��\�1�`\\� ` i -�J � II� �� � rr11r�'/l; !!J//,r �. CCI• ! � r� J � r1�11 \ `1 ����`\71, � fl/' ,..irr���.//'• ! � �/ rte/ %1 _.. as � - - ,�tip,' l i:�'I 1 ll, . MW -2 MW -1 .� J �_,� _ � `- �� '`��--. I I 1���4�4 1 ` •',—`-✓1 I t � I !�•�-_.1 ifl'ir /' �. . !it jj 41 I .moi- ���^�^"�ti �� :: 1 r, \.`� �'�1t` • �' '1 r , ' -- `�� �_�� -� .- �.�- ��75 '\•. - •'`tip\'`'1 1, CQLD MOUNTAIN DEVELOPMENT �� 1-3pnw "rFRMii SVIweiSii.. .....-. .S {: ■ R O OKi E M! O L6CK.e�ns `•SNC REMSM PEA STAOWWlS CID GRAVES DEVELOPMENT COHPOHTATION - REn� PM STAII Cou'uI[rrTs g NON -DISCHARGE SYSTEM 17 MiI ot- 51-1, M .IMEV,LLE IuiRTX C+IRa9u AWuW�, T,C 18961 q i nolM No 'Go.irp Mia:_, _-_-.._.._.,...w.-,-�.--..�-.--._,-.-_-.-.-__ rnm. !-B2B-272 47oa. r• _ . ?660D5 WELL LOCATION 6 SETBACK MAP y Attachment A 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. 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 he 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 IRONM,,ENTAL �GVGC�'?�'=Ni CC�c�i,►tiur� MAN ENT CO SON Name of DEVELOPER B : 'Alan W. Klimek, P.E., Director (Sign ure) Division of Water Quality FORM: DEV 09105 Page 2 of 2 STATE OF NORTH CAROLINA COUNTY OF Wpy, Permit No. i C'3) '2_gc) 6 2 - OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G. S. 143-215.1 (dl) and entered into this Z5� & . day of K Zoo , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and a. o�rporatiory eneral partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. Pil1110110.Y. 0=3 KI 1. The DEVELOPER is the owner of the certain lands lying in JA , r c A County, upon which it is erecting and will erect dwelling units and other improveme s, said development to be known as a, i c1 N�", V _ _ {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. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the {Unit Owners' Association) !V ! rA (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. FORM: DEV 09105 Page 1 of 2 Print Name and Title (Date) (Date) FORM: DEV 09/05 Page 3 of 2