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HomeMy WebLinkAboutWQ0030752_Final Permit_20061229W AT�R Michael F. Easley, Governor 1�-- William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources (p -� Alan W. Klimek, P.E. Director Division of Water Quality December 29, 2006 Marvin Shearin, II — Manager Shearin Family Investments, LLC 2411 North Wesleyan Boulevard Rocky Mount, North Carolina 27904 Subject: Permit No. WQ0030752 The Nautical Club — Sound Side Wastewater Treatment, High Rate Infiltration and Reclaimed Water Utilization Facility Carteret County Dear Mr. Shearin: In accordance with your permit application received September 27, 2006, and subsequent additional information received October 25, 2006, November 15, 2006, and December 6, 2006, we are forwarding herewith Permit No. WQ0030752, dated December 29, 2006, to Shearin Family Investments, LLC for the construction only of the subject wastewater treatment, high rate infiltration, and reclaimed water utilization facilities. Please pay special attention to the following items: ® This permit has been written for construction only. The Permittee may only construct the conditionally approved components of the wastewater and disposal systems and shall apply for modification to this permit in order to operate. The Permittee shall provide documentation that the disposal system is contained within one parcel of property in order to establish appropriate compliance boundaries, and must provide documentation of an approval from the PERCS Unit for the STEP low-pressure system before this permit shall be modified to authorize operation of the treatment and disposal system. Condition VI.3. requires that the Declaration and Bylaws for the future Homeowner's Association prohibit the condominiums from being used for vacation rental. G.S. 42A-4 defines vacation rental as the rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return. This condition is based on the applicant's certification and the design engineer's flow calculation assumption that the condominiums will be "owner occupied" and are therefore not intended to be used for vacation rental. This permit shall be effective from the date of issuance until November 30, 2011, and shall be subject to the conditions and limitations as specified therein. North Carolina Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwaterquality.org 2728 Capital Boulevard Raleigh, NC 27604 Nort hCarolina latura!!11 Phone (919) 715-0295 Customer Service FAX (919)715-6048 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/1 0% Post Consumer Paper 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 Lori Veal at (919) 715-6187. Sincerely Ian W. Klimek, P. . cc: Carteret County Health Department Wilmington Regional Office, Aquifer Protection Section Doug Haggett, PE - Haggett Engineering Associates, Inc. Technical Assistance and Certification Unit APS Central Files LAU Files M �h►i� 1 Z•7►�t�i 1�Y�:� �G/' : ► �/ 1 � •U`It/ ! • ►1 DEPARTMENT OF ENVIRONMENT AND NATURAL 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 Sh earin Family Investments, LLC Carteret County •• i construction only of a 58,590 gallon per day (GPD) wastewater treatment, high rate infiltration and reclaimed water utilization facility consisting of: an influent flow meter, one (1) 75;000 gallon equalization/recirculation basin with six (6) 118 gallon per minute (GPM) recirculation pumps and audible/visual high water alarms; two (2) 4,896 square foot (sq ft) Envirofiltero units with one (1) 1100 cubic feet per minute (CFM) and one 1800 CFM ventilation fan per unit; one (1) 10,000 gallon denitrification unit recirculation tank with audible/visual high water alarms and two (2) 313 GPM recirculation pumps; dual train Aquamene Denitrification Units consisting of two (2) 2,115 gallon denitrification tanks with one (1) 32 GPM transfer pump and one (1) 45 GPD liquid carbon feed pump, and one (1) 2,115 gallon aeration basin with one (1) 20 CFM blower per unit; one (1) 4,000 gallon chlorine contact basin with two (2) 300 GPM tablet chlorinators; one (1) turbidity sensor; one (1) 6,000 gallon irrigation dosing tank with audible/visual high water alarms and two (2) 102 GPM dosing pumps; one (1) effluent flow meter; one (1) 8,000 gallon storage tank; one (1) 300,000 gallon 5-day upset tank with glass -lined steel walls and a concrete floor; a permanent standby generator; four (4) drip irrigation zones totaling 1.58 acres with 34,410 linear feet of drip tubing and 17,205 emitters rated at .015 GPM; two (2) spray irrigation zones totaling 1.03 acres with 100 spray nozzles rated at 1.4 GPM, a rainfall sensor, and all piping, valves and appurtenances. to serve 154 condominium units and a clubhouse at The Nautical Club — Sound Side, with no discharge of wastes to the surface waters, pursuant to the application received September 27th, 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 November 30, 2011, and shall be subject to the following specified conditions and limitations: 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, - 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, Division of Water Quality, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2. 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. 3. The high -rate infiltration system and 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. 4. This, permit shall become voidable if the soils fail to adequately assimilate the wastes. and may be rescinded unless the facilities are installed, maintained, and operatedin a manner which will protect the assigned water qualitystandards of the surface waters and ground waters. The ponding of wastewater on the surface of the distribution fields when the dosing cycle commences shall be considered as evidence of failure of the soils to adequately assimilate the wastewater. Additionally, such failure shall be interpreted as a violation of this permit condition. 5. 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. Adequate measures shall be taken to divert stormwater from the disposal areas and to prevent wastewater runoff. 7. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 8. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this facility. 2 9. The Facilities herein must be constructed according to the following setbacks: a. The setbacks for high rate drip irrigation areas shall be as follows: i. 100 feet between high rate infiltration units and any habitable residence or place of public emblyuntor-separate-ownershily r tta b-e-m h=i aezi-ag-pzoftire-p oTect site 1 50 feet between high rate infiltration units and any habitable residence or place of public assembly owned by the permittee to be maintained as part of the project site. iii. 100 feet between high rate infiltration units and any private or public water supply source, iv. 200 feet between high rate infiltration units and surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands), V. 200 feet between high rate infiltration units and groundwater lowering ditches (where the bottom of the ditch intersects the SHWT), vi. 200 feet between high rate infiltration units and subsurface . groundwater lowering drainage systems, vii. 50 feet between high rate infiltration units and surface water diversions (ephemeral streams, waterways, ditches), viii. 100 feet between high rate infiltration units and any well with the exception of monitoring wells, ix. 50 feet between high rate infiltration units and any property. line'. X. 100 feet between high rate infiltration units and top of slope embankments or cuts of two feet or more in vertical height, xi. 10 feet between high rate infiltration units and any line from a disposal system, xii. 100 feet between high rate infiltration units and any swimming pool, xiii. 50 feet between high rate infiltration units and public right of ways, xiv. 20 feet between high rate infiltration units and nitrification fields, xv. 15 feet between high rate infiltration units and any building foundation or basement, xvi. 500 feet between high rate infiltration units and any impounded public water supplies, xvii. 500 feet between high rate infiltration units and any public shallow groundwater, supplies (less than 50 feet deep). ' A waiver has been obtained from the adjacent landowner on the west side of the Nautical Club property, to allow high -rate drip irrigation within 2 feet of the property line. b. The following setbacks shall be maintained for reclaimed for reclaimed spray irrigation areas: i. 25 feet between wetted areas and surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands) not classified SA, ii. 25 feet between wetted areas and surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands) classified SA, iii. 100 feet between wetted areas and any well with the exception of monitoring wells. c. The following setbacks shall be maintained for Treatment and Storage Units: i. 100 feet between treatment and storage units and any habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site, ii. 100 feet between treatment and storage units and any public or private water supply source, iii. 50 feet between treatment and storage . units and surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands), iv. 100 feet between treatment and storage units and any well with the exception of monitoring wells, V. 50 feet between treatment and storage units and any property line. 10. 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. 11. Public access to the reclaimed spray irrigation areas 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. 12. The spray irrigation system shall be connected to a rain or moisture sensor that shall indicate when wastewater application is not appropriate in accordance with Condition II(7) of this permit. 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 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. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0707 including operational functions, maintenance schedules, safety measures, and a spill response plan. 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 otK1 conditions specified in these rules. 4 3. The application rates for high -rate drip irrigation Zones 1, 2, 3, and 4 shall not exceed a cumulative loading of 438.36 inches over any twelve (12) month period at an instantaneous application rate not to exceed 0.36 inches per hour. 4. The application .rate for reclaimed spray irrigation Zone 5 shall not exceed a cumulative loading of 90.48 inches over any twelve (12) month period at an instantaneous application rate not to exceed 0.32 inches per EMU. 5. No traffic or equipment shall be allowed on the disposal areas except while installation occurs or while normal maintenance is being performed. 6. A suitable, year-round vegetative cover shall be maintained on the irrigation areas. 7. Spray irrigation shall not be performed during inclement weather or -when the ground is in a condition that will cause runoff: 8. Adequate measures shall be taken to prevent wastewater runoff from the irrigation fields. 9. 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. 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 directed back to the treatment plant for re -treatment or treated in the five-day pond prior to discharge to the storage pond. 11. The chlorine tablets used in the disinfection facility shall be of the kind and type specified in the Division approved plans and specifications. III. MONITORING AND REPORTING REQUIREMENTS 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. Records of flow measurement device calibration shall be kept on file by the Permittee 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 Monthly Average" Daily (Instantaneous) Maximum c Flow 58,590 GPD BODS (5-day, 20°C) 10 mg/1 15 mg/l NH3 as N 4 mg/l 6 mg/1 NO3-N 10 mg/1 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. 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 shallbe the maximum value of all samples collected during the reporting period. The Permittee shall monitor the effluent from the subject facilities 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, 20°C) Effluent' *2/Month Composite NH3 as N Effluent *2/Month Composite TSS Effluent *2/Month Composite Fecal Coliform 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 C.. Standards, this permit will be modified to include additional and/or more restrictive limitations. 2 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, Length o tune zone is irrigated, e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each zone, T. Weather conditions, and g. Maintenance of cover crops. 5. A record shall be maintained of all residuals removed from this facility. The record shall include the name of the hauler, the permit authorizing the disposal or a letter from a municipality agreeing to accept the residuals, the date the residuals were hauled, and the volume of residuals removed. 6. Three (3) copies of all monitoring data [as specified in Conditions IH(2) and IH(3)] on Form NDMR- 1 and three (3) copies of all operation and disposal records [as specified in Condition 1II(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 Aquifer Protection Section Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. A maintenance log shall be maintained at this facility including, but not limited to, the following items: a. Visual observations of the plant and plant site; b. Record of preventative maintenance (changing of filters, alarm testing, diffuser inspections and cleanings, etc.); c. Date of calibration of flow measurement device, and d. 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 basin or tank, the known passage of a slug of hazardous substance through the facility, or any other unusual circumstance; b. Any process unit failure, due to known or unknown reasons, that renders 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 of all or any portion of the influent to such station or facility; or d. Any time that self -monitoring information indicates that the facility is not in 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. r IN. GROUNDWATER REQUIREMENTS. Monitoring wells MW-1, MW-2, MW-3, and MW-4 shall be approved by the Wilmington Regional Office, telephone number (910) 796-7215 prior to installation, and installed prior to beginning waste disposal operations. The regional office shall be notified at least forty-eight (48) hours prior to (excluding weekends and holidays) the construction of any. monitoring'well. 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. The well(s) 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 and in accordance with 15A NCAC 02C .0108. The general location and name for each well is marked on Figure A. 2. Monitoring wells MW-1, MW-2, MW-3, and MW-4 shall be sampled after construction and within 3. months prior to initiating waste disposal operations. Monitor wells shall be sampled thereafter every March, July, and November for the following parameters: GroundwaterStandardsStandards Monitoring Requirements Sample Type Footnote Water Level, distance from measuring point 3 x year Calculated a,b,c Coliform, Fecal MF 0 #/100 ml 3 x year Grab a Solids, Total Dissolved 500 mg/1 3 x year Grab a pH S.U. 3 x year Grab a,b Chloride (as Cl) 250 mg/1 3 x year Grab a Sulfate, Total (as SO4) 250 mg/l 3 x.year Grab a Nitrogen, Ammonia Total (as N) mg/1 3 x year Grab a Nitrogen, Nitrate Total (as N) 10 mg/l 3 x year Grab a Phosphorus, Total mg/l 3 x year Grab a Volatile Organic Compounds mg/l Annual Grab a,d 3 X year monitoring shall be .conducted in March, July, and November. Annual monitoring shall be conducted every November. b The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 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. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. a Volatile Organic Compounds (VOC) - Analyze by one of the following methods: (A) Standard Method 6230D, PQL at 0.5 ug/L or less (B) Standard Method 6210D, PQL at 0.5 ug/L or less (C) EPA Method 8021, Low Concentration, PQL at 0.5 ug/L or less (D) EPA Method 8260, Low Concentration, PQL at 0.5 ug/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 VIB of Standard Method 6230D. (3) The method used must provide a PQL of 0.5 ug/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 ug/L must be qualified (estimated) and reported. e If any volatile organic compounds (VOC) are detected as a result of monitoring, 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. f Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure A. All mapping well construction forms, well abandonment forms, and monitoring data shall refer to the permit number and the well nomenclature as provided in Figure A. 3. Within sixty (60) days_ of completion of the monitoring wells, 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: a. The location and identity of each monitoring well. b. The location of major components of the waste disposal system. c. The location of property boundaries within 500 feet of the disposal area(s). d. The latitude and longitude of the established horizontal control monument. e. The elevation of the top of the well casing (which shall be known as the "measuring point' relative to a common datum. f. The depth of water below the measuring point at the time the measuring point is established. g. The location of Review and Compliance Boundaries. h. 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. The maps and any supporting documentation shall be sent to the N.C. Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, N.C. 27699-1636. The permittee is responsible for the geographic accuracy of any map submitted, however produced. 4. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108' (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. 5. The COMPLIANCE BOUNDARY for the high rate drip irrigation disposal system is specified by rules in 15A NCAC 02L, Groundwater Classifications and Standards. This disposal system was individually permitted on or after December 30, .1983; therefore, the Compliance Boundary is established at either 250 feet from the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143- 215.6A through 143-215.6C. 6. In accordance with 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall be constructed within the compliance boundary except as provided by 15A NCAC 02L .0107(g). 7. The REVIEW BOUNDARY for the high rate drip irrigation disposal system is established midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require action in accordance with 15A NCAC 02L .0106. 8. The COMPLIANCE and REVIEW BOUNDARIES for the reclaimed spray irrigation areas are specified by 15A NCAC 02T .0910(a)(5). The Compliance and Review boundaries shall be established at the irrigation area boundaries. 10 9. For the initial sampling of the wells as specified elsewhere in the permit, the permittee shall submit a copy of the GW-1 Form (Well Construction Record) that lists this permit number and the appropriate monitoring well identification number with the Compliance Monitoring Form (GW-59) for that well. Initial Compliance Monitoring Forms that do .not include copies of the GW-1 form are incomplete and may be returned to the permittee without being processed. 10. Two (2) copies of the results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form), along with attached copies of laboratory analyses, by the Division of Water Quality, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 on or before the last working day of the month following the sampling month. Form GW-59 shall include the number of this permit and the appropriate well identification number. One Form GW-59a certification form shall be provided for each set of sampling results submitted. 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 maintain 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 to the Division or other permitting authority, upon request. 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 1. 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. The Declaration and Bylaws for the Homeowner's Association shall specifically prohibit the condominiums from being used for vacation rental (rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return) as defined in G.S. 42A-4. 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. 11 5. 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. 6. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days .after 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 15A NCAC 02T .0105(e). 7. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to. an enforcementaction by the Division in accordance with North Carolina General Statute 143-215.6A to 143- 215.6C. 8. 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. 9. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of this project. 10. 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 29tt, day of December, 2006 NORTH CAR INA ENVIRO ENTAL MANAGEMENT COMMISSION --e Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ00036752 12 Permit No. WQ00030752 December 29, 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 Registration No. Date 13 STATE OF NORTH CAROLINA COUNTY OF , , �72� %� Permit No. 0to 3 0 --S 2- OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into thisday of C)c- iD b4, —b 3' -and between the North C�rolin� Environmental -Nana ement -z°T �� , g Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and ...S%!L-"pghy m: (� .,,/U ty,-J` we,77 , l-� C , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in C�,Ve-/a`e�]� County, upon which it is erecting and will erect dwelling units/ and other improvements, said development to be known as.S1?,EA ;AJ 6,n,4 ,X)Lk-S4y,,,e 1r, LLG %_T iC A)go - cl+t G�U (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. 6. The CONI vIISSION 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: 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 09-06 Page 1 of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and - appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will ` be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the '. continued proper maintenance, repair and operation of its Disposal System, the. DEVELOPER shall provide in the Association. Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable `~ to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, .5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION. to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE IRONME TAL A NT CO N lan W. Klimek, P.E., Director Division of Water Quality S/'l W,k°i aJ f �f� /U(/�.cr� errs LLB Name of DEVELOPE (Si ature) Print Name and Title /06 (Date) (Date) FORM: DEV 09-06 Page 2 of 2 Figure B Location Map