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HomeMy WebLinkAboutWQ0030413_Final Permit_20060922F WATT `O�C �Q� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources "C Alan W. Klimek, P.E. Director Division of Water Quality September 22, 2006 ROD HYSON - PRESIDENT CAPE FEAR TRADING GROUP IV, LLC 120 EAST MOORE STREET SOUTHPORT, NORTH CAROLINA 28461 Subject: Permit No. WQ0030413 Southport Crossing WWTF Wastewater Treatment and Reclaimed Water Utilization System Brunswick County Dear Mr. Hyson: In accordance with your permit application request received July 12, 2006, and additional information received August 9, 2006, we are forwarding herewith Permit Number WQ0030413, dated September 22, 2006, to Cape Fear Trading Group N, LLC 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 August 31, 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. Please pay particular attention to Conditions I(1),1(2) and VI(10). These conditions require: Condition I(1) — This condition requires that the Permittee submit a letter from the City of Southport to the Division annually. This letter shall state how much wastewater treatment capacity the City has available, and how much of the Permittee's wastewater flow they are willing to accept. This letter shall be due July 1st annually. Condition 1(2) --- This condition requires that the Permittee treat domestic wastewater only. it specifically bans the introduction of commercial wastes deemed industrial wastes, such as waste from laundromats, etc. Condition VI(10) — This condition requires that the Permittee connect to a publicly owned wastewater treatment facility within 180 days of being made available. 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. Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwaterquality.org 2729 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirtnative Action Employer— 50% Recycled/10% Post Consumer Paper Npa hCarolina Natura!!z� Phone (919) 733-3221 Customer Service Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 If you need additional information concerning this matter, please contact Nathaniel Thornburg at (919) 715-6160. Sincerej,§' Alan W. Klimek, P.E. CC. Brunswick County Health Department Wilmington Regional Office, Aquifer Protection Section William G. Simmons, Jr., PE — Cavanaugh & Associates, P.A. Technical Assistance and Certification Unit Aquifer Protection Central Files LAU Files Pa 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 Cape Fear Trading Group IV, LLC Brunswick County FOR THE construction and operation of a 250,000 gallon per day (GPD) wastewater treatment and reclaimed water utilization system consisting of: an influent flowmeter; dual mechanically cleaned rotoshear fine screens with 2 millimeter (mm) spacings and a screenings conveyor; a 2,020 gallon grit removal chamber; a 63,808 gallon aerated flow equalization basin with two (2) 249 gallon per minute (GPM) return pumps, one (1) 549 GPM jet motive pump; one (1) 150 cubic feet per minute (CFM) blower, and a JET system; a flow splitter box; two (2) 26,844 gallon anoxic basins each with mixers; two (2) 40,728 gallon JET aeration basins with two (2) 2,929 GPM jet motive pumps and three (3) 671 CFM positive displacement blowers; two (2) 5,200 gallon membrane tanks with two (2) 645 CFM blowers, two (2) permeate pumps, and six (6) racks of microfiltration modules; a chemical clean -in -place system consisting of sodium hypochlorite feed system and citric acid feed system; a 46,406 gallon aerated sludge holding basin served by the three (3) 671 CFM blowers, and two (2) 1,098 GPM jet motive pumps; a 224 gallon ultraviolet (UV) disinfection chambers with twenty four (24) lamps; a permanent standby generator; a turbidimeter; an approximately 1.26 million gallon concrete tank five (5) day upset basin with a return pump station and dual 262 GPM pumps and audible/visual high water alarms; a 4.55 million gallon infiltration basin to serve 1,257 bedrooms in 419 condominiums, 640 restaurant seats, 100,000 square feet of retail space and a community swimming pool at Southport Crossing with no discharge of wastes to the surface waters, pursuant to the application received July 12, 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 August 31, 2011, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The Permittee shall submit to the Division a letter from the City of Southport demonstrating how much wastewater capacity the City has, and their willingness to accept Southport Crossings wastewater. A letter shall be submitted annually prior to July I' of each year. This letter shall be submitted to: Aquifer Protection Section Land Application Unit 1636 Mail Service Center Raleigh, NC 27699-1636 2. The permitted wastewater treatment facility shall treat domestic wastewater only. The wastewater treatment plant shall not accept any wastewater from commercial facilities deemed industrial (i.e., from processes of trade or business, laundromats, or vehicle/equipment washes) per Regulation 15A NCAC 2H .0203(19) unless they have pretreated to domestic quality and have a standing contract with the Permittee. 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 phases and partially certified you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of com letion once the entire project has been com feted. Mail the Certification to the Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. 4. The Wilmington Regional Office, telephone number (910) 796-7215, 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. 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 high -rate infiltration basin 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, 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. S. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 2 9. The following buffers shall be maintained: a. 10 feet between high rate infiltration unit and any on -property residential units that are to be sold (e.g., condominiums, subdivisions), b. 500 feet between high rate infiltration unit and any impounded public surface water supply or public shallow (less than 50 feet deep) ground water supply, c. 100 feet between high rate infiltration unit and any private or public water supply source, d. 200 feet between high rate infiltration unit and any streams classified as WS or B, e. 200 feet from mean high water between high rate infiltration unit and any "SA" or "0" classified surface waters, f. 200 feet from normal high water between high rate infiltration unit and any other stream, canal, marsh, or coastal waters, g. 200 feet from normal high water between high rate infiltration unit and any Class I or Class II impounded reservoir used as a source of drinking water, h. 200 feet between high rate infiltration unit and any other lake or impoundment, i. 15 feet between high rate infiltration unit and any building foundation/basement, j. 100 feet between high rate infiltration unit and any top of slope of embankments or cuts of two feet or more in vertical height, k. 10 feet between high rate infiltration unit and any water line, 1. 100 feet between high rate infiltration unit and any swimming pool, m. 20 feet between high rate infiltration unit and any other nitrification field (except repair area), n. 100 feet between high rate infiltration unit and any well with the exception of an approved groundwater monitoring well, o. 200 feet between high rate infiltration unit and any Drainage systems (ditches, drains, surface water diversions, etc.) and from any groundwater lowering and surface drainage ditches, p. 50 feet between treatment units and property lines, q. 50 feet between high rate infiltration unit and public right of ways, r. 100 feet between wastewater treatment units and wells, and s. 50 feet between high rate infiltration unit and property lines. 10. Public access to the high -rate infiltration site shall be controlled during active site use. Such controls shall include the posting of signs showing the activities being conducted at the site. A sign stating that reclaimed water is being utilized in the infiltration basin shall be placed in clear public view at the clubhouse. 11. 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. 3 12. 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 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 1. The facilities shall be properly maintained and operated at all times. 2. Upon classification of the wastewater treatment and high -rate infiltration 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. 3. 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. 4. The application rate for the high -rate infiltration basin shall not exceed 5.34 GPD/fl 2. 5. Adequate measures shall be taken to divert stormwater from the high -rate infiltration basin. b. 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. 7. No type of wastewater other than that from the Southport Crossing WWTF shall be disposed via the high -rate infiltration basin. S. Freeboard in the high -rate infiltration basin shall not be less than two (2) feet at any time. 4 9. Gauges to monitor waste levels in the high -rate infiltration basin shall be installed prior to operation. Each gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, and top of the dam elevations. 10. 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. 11. 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 tank prior to discharge to the high -rate infiltration basin. 12. Adequate measures shall be taken to provide restricted access to the wastewater treatment plant and five day upset tank. 13. The infiltration basin shall be periodically dredged to remove deposited materials. Records shall be kept on site for a period of five (5) years, and the Wilmington Regional Office shall be notified prior to dredging. 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 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 3. As an indicator of proper operation and maintenance, the facility shall produce an effluent in compliance with the following limitations: Parameter a Monthly Average Daily (Instantaneous) Maximum c Flow 192,440 GPD BOD5 (5-day, 20°C) 10 mg/l 15 mg/l NH3 as N 4 mg/1 6 mg/1 TSS 5 mg/1 10 mg/l Total Nitrogen 10 mg/l Fecal Coliform 14 per 100 mlb 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. 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 a point prior to infiltration 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, 20°C) Effluent *2/Month Composite NH3 as N Effluent *2/Month Composite TSS Effluent *2/Month Composite Fecal Coliform Effluent *2/Month Grab Total Nitrogen Effluent *2/Month Composite Settleable Matter Effluent Daily Grab NO3 Effluent *'Triannually Grab TDS Effluent Triannually Grab TOC Effluent Triannually Grab Chloride Effluent **Triannually Grab pH Effluent **Triannually Grab * 2/1\4onth 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. M 4. Freeboard in the high -rate infiltration basin shall be recorded weekly. 5. Three (3) copies of all monitoring data [as specified in Conditions III(2) and 111(3)] on Form NDMR-1 and three (3) copies of all operation and disposal records [as specified in Condition Il1(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. 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 aeration basin and at the membrane tank effluent. 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 devices. 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 (910) 796-7215, 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. c. 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 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. IV. GROUNDWATER REQUIREMENTS 1. Well Construction Criteria: a. Within ninety (90) days of permit issuance, four (4) monitor wells (MW-1, MW-2, MW-3 and MW4) 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, MW-3 and MW-4 is marked on Figure 1. Each monitoring well shall be constructed in accordance with this permit, and approved by the Wilmington Regional Office. 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 (910) 796-7215, 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, MW-3 and MW-4 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 Total Coliforms Total Dissolved Solids (TDS) Chloride pH (field) Total Nitrogen Total Ammonia Nitrogen (NH3-N) Total Organic Carbon Volatile Organic Compounds (Sampled in November Only) Volatile Organic Compounds (VOC) by one of the following methods: i. Standard Method 6230D, PQL at 0.5 µg/L or less ii. Standard Method 6210D, PQL at 0.5 µg/L or less iii. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less iv. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less v. Another method with prior approval by the Aquifer Protection Section Chief Any method used must meet the following qualifications: i. A laboratory must be DWQ certified to run any method used. ii. The method used must, at a minimum, include all the constituents listed in Table VIE of Standard Method 6230D. iii. The method used must provide a PQL of 0.5 µg/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. b. 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. c. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. d. If TOC concentrations greater than 10 mg/1 are detected in any downgradient 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 downgradient wells shall be subject to the additional sampling and analysis as described above. e. If any volatile organic compounds are detected by Method 6230D, then the Wilmington Regional Office Aquifer Protection Supervisor, telephone number (910) 796-7215, 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. f. Any laboratory selected to analyze parameters must be Division of Water Quality {DWQ) certified for those parameters required. 3. Reporting / 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 hqp://h2o.enr.state.nc.us/aps/gpu/forms.htm 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. 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 V=100'); however, special provisions may be granted upon prior approval for large properties. The map(s) must include the following information; i. The location and identity of each monitoring well. ii. The location of major components of the waste disposal system. iii. The location of property boundaries within 500 feet of the disposal area(s). iv. The latitude and longitude of the established horizontal control monument. v. The elevation of the top of the well casing (which shall be known as the "measuring point") relative to a common datum. vi. The depth of water below the measuring point at the time the measuring point is established. vii. The location of Review and Compliance boundaries. viii. 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. Applicable Boundaries: 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)(I)(C)(i)(HI). 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). 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. 10 VI. GENERAL CONDITIONS I. 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. 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. 6. 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 2H .,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. 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. 11 Permit issued this the 22"d day of September 2006 NORTH C' OLINA ENVIRONMENTAL MANAGEMENT COMMISSION I - LI lan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0030413 12 Permit No. WQ0030413 September 22, 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 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 Registration No. 13 WQ0030413 --- Southport Crossing WWTF Latitude: 33' 56' 01" Longitude: -78' 009 08" s� 41R.MY ...���•••���gg ii f, y, ,fit F `^ • `..r r A k - 3 71' t w el .47 .47 ..g _ANA p - 13 h M .fryry,, .yr aj- lame: SOUTHPORT )ate:1118/106 - -cale: 1 inch equals 1000 feet Location: 033' 55' 59.5" N 078' 00' 02.8" W Caption: Southport Quadrangle (C) 9g97, h h, lnG, STATE OF NORTH CAROLINA COUNTY OF ,SRuvsw rcK Permit No. OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and CAPE FEAe i a_"(A1tQ 6rpou p rv, 4-IG , a corporation general partnership registeted/licensed to do business in the Wafter known as the DEVELOPER. VY TNESSETH: The DEVELOPER is the owner of the certain lands lying in SoeuyS—Icx County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Sou-rW>oa,; crZosst^jG (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) (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. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permitpiovisions 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. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 09/05 Page 1 of 2 4, The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System: and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses, Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. i 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. ' If a wastewater collection system. and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities,,or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system; and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE IRO NTAL CAPE , Aor�i.� QoZovP iv Lc.c. MANA - SION Name DE PER B -Alan W. Klimek, P-E., Director i nm' ) Division of Water Quality R So.J . /�lL6S r7tT (Date) t Name and Title (Date) FORM: DEV 09/05 Page 2 of 2