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HomeMy WebLinkAboutWQ0031070_Final Permit_20070220February 20, 2007 FRANKIE PENDERGRAPH — MANAGING PARTNER BARBOUR'S LANDING, LLC POST OFFICE BOX 19691 RALEIGH, NORTH CAROLINA 27619-19691 Subject: Permit No. W00031070 Barbour's Landing Subdivision Wastewater Surface Irrigation Carteret County Dear Ms. Pendergraph: In accordance with your permit application received January 2, 2007, and subsequent additional information received January 30, 2007 and February 5; 2007, we are forwarding herewith Permit No. WQ0031070, dated February 20, 2007, to Barbour's Landing, LLC for the construction and operation of the subject wastewater treatment and surface irrigation facilities. This permit shall be effective from the date of issuance until January 31, 2012, 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. information concerning this matter, please contact Nathaniel Thornburg at (919 nathaniel.tholnburg@ncmail.net. Klimek, P.E. Alan W If you need additional 715-6160 or cc: Carteret County Health Department Wilmington Regional Office, Aquifer Protection Section Randy Sipe — Washington Regional Office, Aquifer Protection Section James W. Forman, Jr., PE — Coastal Science & Engineering Technical Assistance and Certification Unit APS Central Files LAU Files Nor`thCarolina ,Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: w .ncwateraualitv.ore Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 50%Recycled/10% Post Consumer Paper Customer Service: (877) 623-6748 Michael F. Easley, Governor ✓ William G. Ross Jr., Secretary re North Carolina Department of Environment and Natural Resources I � Alan W. Klimek, P.E. Director Division of Water Quality February 20, 2007 FRANKIE PENDERGRAPH — MANAGING PARTNER BARBOUR'S LANDING, LLC POST OFFICE BOX 19691 RALEIGH, NORTH CAROLINA 27619-19691 Subject: Permit No. W00031070 Barbour's Landing Subdivision Wastewater Surface Irrigation Carteret County Dear Ms. Pendergraph: In accordance with your permit application received January 2, 2007, and subsequent additional information received January 30, 2007 and February 5; 2007, we are forwarding herewith Permit No. WQ0031070, dated February 20, 2007, to Barbour's Landing, LLC for the construction and operation of the subject wastewater treatment and surface irrigation facilities. This permit shall be effective from the date of issuance until January 31, 2012, 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. information concerning this matter, please contact Nathaniel Thornburg at (919 nathaniel.tholnburg@ncmail.net. Klimek, P.E. Alan W If you need additional 715-6160 or cc: Carteret County Health Department Wilmington Regional Office, Aquifer Protection Section Randy Sipe — Washington Regional Office, Aquifer Protection Section James W. Forman, Jr., PE — Coastal Science & Engineering Technical Assistance and Certification Unit APS Central Files LAU Files Nor`thCarolina ,Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: w .ncwateraualitv.ore Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 50%Recycled/10% Post Consumer Paper Customer Service: (877) 623-6748 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL SURFACE IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Barbour's Landing, LLC Carteret County ICCilIM111 construction and operation of a 12,000 gallon per day (GPD) surface irrigation treatment and disposal facility consisting of: a manually cleaned bar rack with '/4 -inch spacings; a 4,500 gallon aerated flow equalization basin with two (2) 70 gallons per minute (GPM) grinder transfer pumps rated at 19 feet total dynamic head (TDH), and coarse air diffusers; an electromagnetic influent flowmeter; a flow splitter box with a methanol feed line; two (2) 1,519 gallon anoxic basins each with mixing air diffusers; an electromagnetic recycle flowmeter; two (2) 4,561 gallon aeration basins with two (2) 70 GPM transfer pumps rated at 19 feet TDH, fine air diffusers, NaOH feed lines, pH sensors and water level sensors; two (2) 690 gallon membrane filtration tanks with two (2) 15 GPM permeate pumps rated at 21 feet TDH and two (2) 50 cubic feet per minute (CFM) membrane scrub blower; an electromagnetic effluent flow meter; two (2) ultraviolet (UV) disinfection units each with two (2) lamps and a maximum capacity of 20 GPM; a 2,438 gallon dosing tank with two (2) 45 GPM dosing pumps rated at 130 feet TDH and audible/visual high water alarms; a methanol storage tank with a feed pump; a NaOH storage tank with two (2) feed pumps; two (2) 150 CFM positive displacement blowers serving the aeration and anoxic basins; two (2) 60 CFM positive displacement blowers serving the equalization basing and sludge storage basin; a 7,500 gallon aerated sludge storage basin with coarse air diffusers and a supernatant airlift pump; a 10 kilowatt (kw) backup generator; eight (8) drip irrigation zones consisting of 1.79 acres and approximately 13,000 emitters rated at 0.0013 GPM to serve 100 bedrooms on 25 lots at the Barbour's Landing Subdivision, with no discharge of wastes to the surface waters, pursuant to the application received January 2, 2007, and subsequent additional information received by the Division of Water Quality (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 January 31, 2012, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. The irrigation area shall be filled and graded to an elevation of 7 feet mean sea level (msl) such that at least one (1) foot of vertical distance is present between the soil surface and the seasonal high water table in conjunction with the approved hydrogeologic modeling. Upon completion of site grading and shaping of the irrigation area, the soil scientist shall contact the Wilmington Regional Office's Aquifer Protection Section, telephone number (910) 796-7215, to inquire whether or not it will be necessary for staff to perform a revised site visit. No wastewater shall be introduced into the treatment system until written approval from the Division of Water Quality is received. 2. Upon completion of construction and prior to operation of this permitted facility, a certification (see attached form) 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 including the location of all monitoring wells as applicable. If this project is to the entire project has been completed. Mail the Certification to the Aquifer Protection Section, Division of Water Quality, 1636 Mail Service Center, Raleigh, NC 27699-1636. 3. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified at least forty- eight (48) hours in advance (excluding weekends and holidays) of operation of the installed facilities so that an in-place inspection can be made. Such notification to the ragional 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. 4. Monitoring wells MW -1, MW -2 and MW -3 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 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. and in accordance with 15A NCAC 02C .0108. The general location and name for each well is marked on Figure 1. See also well construction form submittal requirements in Section IV. of this permit. 5. Within sixty (60) days of completion of all 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. I 6. No later than six (6) months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division form(s). Upon receipt of the request, the Division 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. Please note that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. 7. 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. Il. PERFORMANCE STANDARDS The surface irrigation facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contravention of groundwater or surface water standards. 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, such as the construction of additional or replacement wastewater treatment and disposal facilities. 2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to ground or surface waters resulting from the operation of this facility. 3. 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. 4. Effluent limitations shall not exceed those specified in Attachment A. 5. Application rate(s), whether hydraulic, nutrient, or other pollutant shall not exceed those specified in Attachment B. 6. The compliance and review boundaries for the disposal system are specified by Rule 15A NCAC 02T .0910(a)(5) via Rule 15A NCAC 02T .0506(c). Therefore, the compliance and review boundaries are established are established at the irrigation area boundary. 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. 7. The Permittee shall apply for a permit modification prior to any sale or transfer of property that affects a compliance boundary to establish a new compliance boundary. 8. 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). 9. The facilities permitted herein must be constructed according to the following setbacks: a. The setbacks for Irrigation sites shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Any habitable residence or place of public assembly owned by the permittee: 15 iii. Any private or public water supply source: 100 iv. Surface waters: 100 v. Groundwater lowering ditches: 100 vi. Surface water diversions: 25 vii. Any well with exception of monitoring wells: 100 viii.Any property line: 0 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Any water line from a disposal system: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Any swimming pool: 100 xiii.Public right of way: 50 xiv. Nitrification field: 20 xv. Any building foundation or basement: 15 xvi. Impounded public water supplies 500 xvii. Public shallow groundwater supply (less than 50 feet deep) 500 b. The setbacks for Treatment and storage units shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Any private or public water supply source: 100 iii. Surface waters: 50 iv. Any well with exception of monitoring wells: 100 v. Any property line: 50 10. The Operational Agreement (Attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. . 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 02H .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. III. OPERATION AND MAINTENANCE REQUIREMENTS The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0507 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 08G .0200. The ORC shall visit the facilities in accordance with 15A NCAC 08G .0200 or as specified in this permit and shall comply with all other conditions specified in these rules. 3. A suitable year round vegetative cover shall be maintained such that crop health is optimized, allows for even distribution of effluent, and allows inspection of the irrigation system. 4. Adequate measures shall be taken to prevent wastewater ponding or runoff from the irrigation field. 5. Irrigation shall not be performed when the ground is in a condition that will cause ponding or runoff. 6. All waste application equipment must be tested and calibrated at least once per year. Records of the calibration must be maintained for five years. 7. No type of wastewater other than that from the Barbour's Landing Subdivision shall be irrigated onto the irrigation area. 8. An automatically activated standby power source shall be on site and operational at all times capable of powering all essential treatment units. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. 9. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 10. Public access to the land application sites shall be controlled using locked fencing around the wastewater treatment plant and irrigation sites. 11. The residuals generated from these treatment facilities must be disposed / utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T.0508. 12. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. IV. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by the Division to ensure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 02H .0800. W00031070 Version 1.0 Shell Version 070117 Page 5 of 10 3. Flow through the treatment facility shall be continuously monitored and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device consistent with approved engineering and scientific practices to ensure the accuracy and reliability of flow measurement. Flow measurement devices sflected 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, and c. Percent from true flow. 4. The effluent from the subject facilities shall be monitored by the Permittee at the frequency(ies) and location(s) for the parameter(s) specified in Attachment A. 5. The Permittee tracking the amount of wastewater disposed shall maintain adequate records. These records shall include, but are not necessarily limited to, the following information: a. Date of irrigation, b. Volume of wastewater irrigated, c. Field irrigated, d. Length of time field is irrigated, e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field, f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B for each field, g. Weather conditions, and h. Maintenance of cover crops. 6. Monitor wells shall be sampled after construction and within 3 months prior to initiating waste disposal operations. Monitor wells shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mappine, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. 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 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. 8. 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, WO0031070 Version 1.0 Shell Version 070117 Page 6 of 10 9. Three (3) copies of all monitoring data [as specified in Conditions IV.3., and IV.4.] on Form NDMR for each PPI and three (3) copies of all operation and disposal records [as specified in Condition IV.S] on Form NDAR-1 for every field shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity.. All information shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 10. An annual representative soils analysis (Standard Soil Fertility Analysis) shall be conducted on each irrigation field and the results maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Manganese Potassium Calcium Percent Humic Matter Sodium Copper H Zinc Magnesium Base Saturation y calculation) Phosphorus Cation Exchange Capacity . Exchangeable Sodium Percentage 11. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (9 10) 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 including ponding in the irrigation field or runoff from the irrigation fields. 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 disposal system resulting in a by-pass directly to receiving waters. d. Any time that self-monitoring information indicates that the facility has gone out of compliance with its permit limitations including, but not limited to, freeboard measurements, effluent limitations, exceedances of groundwater standards, or overloading of any field. For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must 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. WQ0031070 Version 1.0 Shell Version 070117 Page 7 of 10 V. V1. 1. Adequate inspection and maintenance shall be provided by the Permittee to ensure 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 five 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. 1. 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. 2. 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. 3. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. No variances to applicable rules governing the construction and / or operation of the permitted facilities are granted unless specifically requested and granted in this permit. 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500. 5. 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 on official Division form(s), 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. The Permittee of record shall remain fully responsible for compliance until a permit is issued to the new owner. 6. The Permittee shall retain a set of approved plans and specifications for the life of the facilities permitted herein. 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. WQ0031070 Version 1.0 Shell Version 070117 Page 8 of 10 8. The Permittee must pay the annual fee 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 pursuant to 15A NCAC 02T .0105(e). Permit issued this the 20s' day of February 2007 NORTH C OLINA ENVAL MANAGEMENT flan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number W00031070 W00031070 Version 1.0 Shell Version 070117 Page 9 of 10 Permit No. WQ0031070 February 20, 2007 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 rime) 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. WQ0031070 Version 1.0 Shell Version 070117 Page 10 of 10 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: W00031070 Version: 1.0 PPI 001 W WTF Effluent EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS Parameter Description - PCS Code Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type BOD, 5 -Day (20 Deg. C) — 00310 — Summer 1 10 mg/l 15 mg/l Weekly Grab BOD, 5 -Day (20 Deg. C) — 00310 — Winter 3 10 mg/l 15 mg/l 2 x Month Grab Chloride (as Cl) — 00940 3 x year Grab Coliform, Fecal MF, M -FC Broth, 44.5C — 31616 — Summer 2 14 #/100 ml 25 #/100 m] Weekly Grab Coliform, Fecal MF, M -FC Broth, 44.5C — 31616 — Winter 3 14 #/100 nil 25 #/100 ml 2 x Month Grab Flow, in Conduit or thm Treatment Plant — 50050 12,000 gpd Continuous Recording Nitrogen, Ammonia Total (as N) — 00610 — Summer 2 4 mg/i 6 mg/l Weekly Grab Nitrogen, Ammonia Total (as N) — 00610 — Winter' 4 mg/l 6 mg/i 2 x Month Grab Nitrogen, Nitrate Total (as N) — 00620 — Summer 2 Weekly , Grab Nitrogen, Nitrate Total (as N) — 00620 — Winter 3 - 2 x Month Grab Nitrogen, Total (as N) — 00600 — Summer 2 10 mg/l Weekly Grab Nitrogen, Total (as N) — 00600 — Winter 3 10 mg/1 2 x Month Grab pH — 00400 6 - 9 s.u. Daily (5 x week) Grab Phosphorus, Total (as P) — 00665 — Summer 2 8 mg/1 Weekly Grab Phosphorus, Total (as P) — 00665 — Winter 3 8 mg/l 2 x Month Grab Solids, Total Dissolved -70300 3 x year ` Grab Solids, Total Suspended— 00530— Summer 2 5 mg/l 10 mg/l Weekly Grab Solids, Total Suspended— 00530— Winter 3 - 5 mg/1 10 mg/1 2 x Month Grab 1. 3 x year: March, July and November 2. May 151 through August 31' 3. September 15` through April 30' W00031070 Version 1.0 Attachment A Page 1 of 2 THIS PAGE BLANK W0003107U Version 1.0 Attachment A rage 2 of 2 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Barbour's Landing, LLC - Barbour's Landing Subdivision Permit Number: W00031070 Version: Lo FIELD INFORMATION APPLICATION LIMITATIONS Field/ Zone Id Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Rate Yearly Units 1 Barbour's Landing, LLC Carteret 340 41'36" -760 33'05" 0.23 Leon 01284 -Application Surface Irrigation 0.6 90.66 inches WQ09 - Plant Available Nitrogen 186.34 lbs/ac/yr 2 Barbour's Landing, LLC Carteret 34041'35" -760 33'05" 0.23 Leon 01284 - Application Surface Irrigation 0.6 90.66 inches WQ09 - Plant Available Nitrogen 186.34 lbs/ac/yr 3 Barbour's Landing, LLC Carteret 34041'35" -76033'05" 0.23 Leon 01284 - Application Surface Irrigation 0.6 90.66 inches WQ09- Plant Available Nitrogen 186.34 Ibs/ac/yr 4 Barbour's Landing, LLC Carteret 340 41' 36" -760 33' 04" 0.26 Leon 01284 -Application Surface Irrigation 0.6 90.66 inches WQ09- Plant Available Nitrogen 186.34 Ibs/adyr 5 Barbour's Landing, LLC Carteret 34041'.35" -W33'04" 0.26 Leon 01284 -Application Surface Irrigation 0.6 90.66 inches WQ09- Plant Available Nitrogen 186.34 lbs/ac/yr 6 Barbour's Landing, LLC Carteret 34041'35" -760 33'04" 0.26 Leon 01284- Application Surface Irrigation 0.6 90.66 inches WQ09- Plant Available Nitrogen 186.34 lbs/ac/yr 7 Barbour's Landing, LLC Carteret 340 41' 34" -760 33'04" 0.14 Leon 01284 - Application Surface Irrigation 0.6 90.66 inches WQ09 - Plant Available Nitrogen 186.34 lbs/ac/yr 8 Barbour's Landing, LLC Carteret 340 41'34" -76033'04" 0.19 Leon 01284 -Application Surface Irrigation 0.6 90.66 inches WQ09- Plant Available Nitrogen 186.34 lbs/ac/yr Total 1.79 W00031070 Version 1.0 Attachment B Page 1 of 2 THIS PAGE BLANK WQ003107U Version 1.0 Attachment B Page 2 of 2 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring wells: MW -1, MW -2 & MW -3 Permit Number: W00031070 Version: ,.e GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS - MONITORING REQUIREMENTS Parameter Description - Parameter Code Daily Maximum Frequency Measurement Sample Type Footnotes Carbon, Tot Organic (TOC) — 00680 mg/I 3 x year Grab I Chloride (as CI) — 00940 250 1119/1 3 x year Grab 1 Colifomt,.Fecal MF -31616 #/loom] 3xyear Grab 1 Nitrogen, Ammonia Total (as N) — 00610 - mgFl 3 x year Grab I Nitrogen, Nitrate Total (as N) — 00620 10 mg/I 3 x year Grab 1 pH — 00400 6.5-8.5 S.U. - 3 x year Grab - 1,2 Phosphorus, Total (as P) — 00665 mg/1 3 x year Grab I Solids, Total Dissolved- 180 Deg C — 70300 500 mg/I 3 x year Grab 1 Volatile Organic Compounds (GC/MS) — 78732 mg/I Annual Grab 1,4 Water level, distance from measuring point— 82546 ft 3 x year Calculated 1, 2, 3 1. 3 X year monitoring shall be conducted in March, July & November; Annual monitoring shall be conducted every November. 2. 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. _ 3. 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 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 gg/L or less b. Standard Method 62101), PQL at 0.5 gg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 gg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 gg/L or less e. Another method with prior approval by the Aquifer Protection Section Chief Any method used must meet the following qualifications: a. A laboratory must be DWQ certified to run any method used. b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used must provide a PQL of 0.5 pg/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 gg/L must be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Wilmington Regional Office Aquifer Protection Supervisor, telephone number (910) 796-7215, most be contacted immediately for further instructions regarding any additional follow-up analyses required. W00031070 Version 1.0 Attachment C Page I of 2 6. If TOC concentrations greater than 10 mgll 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/1, 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. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure I and this attachment. W0003107u Version 1.0 Attachment C Page 2 of 2 10 TO Pt7 OMD 4i r FwY Cpp' gtX JUNCTI -, 6 B� ,• 1 0.W FL END48ECTIDN: LEGEND .3 PROPOSEDCONLWRELEV. $ EX.COVIWREIEV. ----- 4 _..__ FENCEUNE V9MCUTOFFWALL GREENARFAS ELWADINGSANDRESIDENCES . WIININSW OFDIOPMELD ML"&DRAINAGEEASWBGS MONULRING WELL LOCATIONSWLLETT 9ABW1" 813/531 UNDEVELOPED LUTOF GREFNAAEA8UN9ARY Cv18 NRAISA) GA1 2,223 w1,590 8AWATERS m • r� a I E 1 --------------� cA1mLYNtAWRBlCE � " AOS RMRERSISLAND li RIB@DPL% �•.." RREANORESCUE i� HAF2RSEAD COMMERCIAL USE ` RW UACS a N0718 MIA HDFIEMBITARYBCIgq. J—VFMAMESS EASEMENT OWES I ' 17MACB - FORMWVEHICUTARACCESS v / BOGENCYVENCLES I' ENCE (NDTHRURVFFICTOSRIm,-/rI i QMYNIAWR/ 4' _ i - " i 9]S7NA ._.__._._._--'83E78eAp(........ i i RESfl1BGWL'! i ___ p__ ............. .. r �` r r / CAROLYN MIA�3 UN CI 1mill 4aC u 3 '' 1'11 1111 O 1 O "1� � U ., v 11 1� � .�, .•Eq� "1 •� •�� �z . _ �� 1 `I '`-V GAS 19009 GA4 4,707 646 9,959 TOTAL 2&919SF. m • r� a I E 1 --------------� cA1mLYNtAWRBlCE � " AOS RMRERSISLAND li RIB@DPL% �•.." RREANORESCUE i� HAF2RSEAD COMMERCIAL USE ` RW UACS a N0718 MIA HDFIEMBITARYBCIgq. J—VFMAMESS EASEMENT OWES I ' 17MACB - FORMWVEHICUTARACCESS v / BOGENCYVENCLES I' ENCE (NDTHRURVFFICTOSRIm,-/rI i QMYNIAWR/ 4' _ i - " i 9]S7NA ._.__._._._--'83E78eAp(........ i i RESfl1BGWL'! i ___ p__ ............. .. r �` r r / CAROLYN MIA�3 UN CI 1mill 4aC u 3 '' 1'11 1111 O 1 O "1� � U ., v 11 1� � .�, .•Eq� "1 •� •�� �z . _ �� 1 `I '`-V il'1 1 1'{ 3 i III it 11,1 11 1, 1` '1 '1 1, 1 11 '1 ! � •.�, •,� '11 i 11 1 ; O �,ry �, \lil I 0 1 SI\" 111 '1111 -K 1 „ "11 1111' 11111 y 1 111'1 111 11111 1r V"111 1'` 11'1 \ 111, 1M 111 1'1 1 17 1 11 tD 1 111 y + w y r +1 y v 1';I• b r`rr rY S' '1 o _ r 1• .r 99n...._...........- 480. .: ". p.....-..r'W ND ..y :w.�.__ .............. p'----+ ' •Ir, ' N 63'S2'I6-W ... r �� z Z TIE LINE 608.19 .. ANO BE 1 W� BACK SOUND h�W9�,� J47g9. . of 7002/23' `r RESIDEENAAL N�\' N . W LIS 792/174 •'J +`�, RESIDENTIAL wJ - COMMERCIAL N/F i vow I I r �pN�/KF�pry i________________ __{ 303/328 , rr�q iy •g79/lyl i N/F 1 RESIDENTIAL RESIDENTIAL MUELLER I I ID49/ 457 ZON AS EW RESIDENTIAL I1 ,k y7x•'y r'" I E)LSOARDWARJ4 In--------- - i; _ S 68'25'O,T°E .. ' I N/F -a E DENTIA SY'� ,xa y.__.YN.IF 1 DNE AS ELJ SRI .... 2 _9Pr Tr y •� 1,� o E54SNE VE -E -LB ____ ____ --- .- ,,,., y, fl1DENTIA 41 SAND BEACH".._T.._ 1R5 I UflEWPLW4TPLAN, SVRYEI'PRG,ORNNNGE . AN UnUTES ENGINEERING AND PEWnm SYBLRWDENGINEWNG,MORBffMDL1Y,ND, Map Source: Del-orme: North Carolina Atlas and Gazetteer., 1997 p. 78. rogeologic & Soil Evaluation Land Management Group, Pendegraph Tract Environmental Consultants Harkers Island Road Wilmington, N.C. Harkers Island, NC November 2006 04-05-485 SCALE 1" = 1 mile Figure 1 Site Location Map Westmouth Ray W A- '7 - f, r� ii �.•� f R R {rJF +ftlf #, iRyrif f•i- il+,i i.9.iiYii\!Y� ti + R R f es. •f ilea{ ' 1335 I �I fr Back Sound SITE . titi ii t • t 4 ',' :f• J err ..` •fit —�.1:. _ Ruins • r' • �r :...:'. Map Source: Harkers Island, N.C., 1983, USGS 7.5' Topographic Quadrangle, SCALE 1 " = 1,000 feet ]eologic & Soil Evaluation Land Management Group, Inc. Figure 2 Pendegraph Tract Environmental Consultants Harkers Island Road Wilmington, N.C. U.S.G.S. Topographical Harkers Island, NC November 2006 Quadrangle 04-05-485 I STATE OF NORTH CAROLINA COUNTY OF C,497E%3E % Permit No. OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of Lii ua / c� .2_iP -7—, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and �Pa» l /%kz.iar., a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. 1, The DEVELOPER is the owner of the certain lands lying in �iLr%`c�^e�f County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as _L�s9�' Asa r �; Z-Ael (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 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. 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 I 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 fiord 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: e -mac FOR THE ENVIRONMENTAL GLG MANAGEMENT COMMISSION Na�f DEVELOPER By:/l�i�-r, Alan W. Klimek, P.E., Director (Signature) Division of Water Quality Print Name and Title (Date) (DAc)' FORM: DRV 09-06 Page 2 of 2