HomeMy WebLinkAboutWQ0031246_Final Permit_20150323FAA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 23, 2015
LEE M. QUICK - PRESIDENT
RIVERSOUND PROPERTY OWNERs ASSOCIATION
POST OFFICE BOX 572
EDENTON, NORTH CAROLINA 27932
Subject: Permit No. WQ0031246
Riversound WWTP
High -Rate Infiltration System
Chowan County
Dear Mr. Quick:
In accordance with your permit change of ownership request received August 14, 2014, we are
forwarding herewith Permit No. WQ0031246 dated March 23, 2015, to the Riversound Property Owners
Association for the construction and operation of the subject wastewater treatment and nigh -rate
infiltration facilities.
This permit shall be effective from the date of issuance until March 31, 2016, shall void Permit
No. WQ0031246 issued July 23, 2008, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B and C
for they may differ from the previous permit issuance. Failure to establish an adequate system for
collecting and maintaining the required operational information small result in future compliance
problems.
For your convenience, customized electronic copies of your facility's NDMR and NDAR-2
reporting forms are available for download at: http://portal.ncdenr.org/web/wq/aps/lau/reporting.
Please note the following permit conditions have been removed since the last permit
issuance dated July 23, 2008:
➢ Old Condition 1.6. — This condition has been removed because monitoring wells MW-1
through MW-8 have been approved and installed.
➢ Old Condition 111.3. — This condition has been removed because the disposal facility is a
high -rate infiltration basin, thus it does not contain any waste application equipment (e.g.,
irrigation heads, etc.)
➢ Old Condition IV.6. — This condition has been removed because it is inherently covered
under Condition IV.7. and Attachment A.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone, 919-807-64641 Internet httD.11portal.ncdenr.orghxebtwg
An Equal Opportunity 1 Affirmative Action Employer— Made in part with recycled paper
Mr. Lee M. Quick
March 23, 2015
Page 2 of 2
Please note the following permit conditions are new since the last permit issuance dated
July 23, 2008:
➢ Condition I.I. — This condition requires the Permittee to submit a permit modification
application prior to operation of the subject facility in order for the permit to accurately
reflect the existing wastewater treatment and high -rate infiltration facilities.
➢ Condition I1.12. — This condition requires any landowner who owns land within the
compliance boundary, but who is not the Permittee, to execute and file with the County
Register of Deeds an easement with the requirements listed in the said Condition. Please note
the previous permit was subject to this requirement under 15A NCAC 02L .0107(f),
therefore, this condition is intended to voice this rule.
➢ Condition I11.13. —This condition requires the Permittee to calibrate all turbidimeters at least
once per year.
➢ Condition VI.8. — This condition notes that this permit is subject to revocation or unilateral
modification within 60 days notice from the Division if the terms in 15A NCAC 02T .0110
are violated.
➢ Condition VI.9. — This condition notes that this facilities in this permit may not be expanded
if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
➢ Attachment A — Please note that per the Division of Water Resources' Non -Discharge
Permitting Unit Wastewater Monitoring Policy, all non -discharge systems are having their
effluent monitoring schedules reevaluated. Accordingly, the sampling frequencies for BOD5
(00310), Fecal Coliform (31616), Ammonia (00610), Nitrate (00620), Total Nitrogen
(00600), Total Phosphorus (00665) and Total Suspended Solids (00530) are now two times
per week (2 x Week). In addition, Total Kjeldahl Nitrogen (00625) has been added to the
sampling regimen.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall 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 at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this permit, please contact Nathaniel Thornburg at
(919) 807-6453 or nathaniel.thornburgna,ncdenr.gov.
Xrely,y merman, Director
Division of Water Resources
cc: Chowan County Health Department (Electronic Copy)
Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Keith A. Anthony, PE — Shield Engineering, Inc. (Electronic Copy)
Central Files
Digital Permit Archive (Electronic Copy)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
HIGH -RATE INFILTRATION 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
Riversound Property Owners Association
Chowan County
FOR THE
operation of a 200,000 gallon per day (GPD) wastewater treatment and high -rate infiltration facility
consisting of the:
construction and operation of a 100,000 GPD wastewater treatment and high -rate infiltration facility
(Phase 1) consisting of: an influent flow meter; a mechanically cleaned cylindrical screen; a 30,000
gallon equalization basin with two 35 gallon per minute (GPM) equalization transfer pumps and a 2.75
horsepower (hp) equalization mixer; two Siemens membrane bioreactor units; two rotating drum
screens; two 12,300 gallon jet -aerated anoxic zones served by a 40 cubic feet per minute (CFM) anoxic
blower and four 187 GPM jet mixing pumps; two 12,300 gallon aeration zones served by a 120 CFM
aeration blower and four 187 GPM jet mixing pumps; two 12,300 gallon post -anoxic zones; two 1.75 hp
post -anoxic mixers; two 174 GPM recirculation pumps; two 294 GPM mixed liquor return pumps; two
2,100 gallon membrane tanks with each tank having two membrane cells with 10 membrane modules per
cell; a 128 CFM air-sparging blower; a 42,500 gallon aerobic digester served by a 50 GPM decant pump
and a 110 CFM sludge blower; two 76 GPM permeate pumps; four ultraviolet (UV) disinfection units
each having two lamps; an effluent flow meter; a turbidimeter; a 150 kilowatt (kW) back-up generator
with an automatic transfer switch; a groundwater management system with 23 groundwater management
wells each served by a 10 GPM submersible pump and a water level sensor to supply a 2.6 million gallon
(MG) clay -lined decorative pond; a 23.5 MG high -rate infiltration basin with a loading rate of 1.29
gallons per day per square foot (GPD/fl ); and all associated piping, valves, controls and appurtenances;
the
construction and operation of an additional 50,000 GPD of wastewater treatment facilities (Phase 11)
resulting in a cumulative 150,000 GPD wastewater treatment and high -rate infiltration facility consisting
of: an influent flow meter; a mechanically cleaned cylindrical screen; a 30,000 gallon equalization basin
with two 35 GPM equalization transfer pumps and a 2.75 hp equalization mixer; a Siemens® membrane
bioreactor unit with a rotating drum screen; a I2,300 gallon jet -aerated anoxic zone served by a 40 CFM
anoxic blower and two 187 GPM jet mixing pumps; a 12,300 gallon aeration zone served by a 120 CFM
aeration blower and two 187 GPM jet mixing pumps; a 12,300 gallon post -anoxic zone; a 1.75 hp post -
anoxic mixer; a 174 GPM recirculation pump; a 294 GPM mixed liquor return pump; a 2,100 gallon
membrane tank with two membrane cells and 10 membrane modules per cell; a 128 CFM air-sparging
blower; a 42,500 gallon aerobic digester served by a 50 GPM decant pump and a 110 CFM sludge
blower; a 76 GPM permeate pump; two UV disinfection units each having two lamps; an effluent flow
meter; a turbidimeter; and all associated piping, valves, controls and appurtenances; and the
WQ0031246 Version 1.2 Shell Version 150213 Page 1 of 13
construction and operation of an additional 50,000 GPD of wastewater treatment facilities (Phase III)
resulting in a cumulative 200,000 GPD wastewater treatment and high -rate infiltration facility consisting
of: a Siemens membrane bioreactor unit with a rotating drum screen; a 12,300 gallon jet-acrated anoxic
zone served by the Phase H 40 CFM anoxic blower and two 187 GPM jet mixing pumps; a 12,300 gallon
aeration zone served by the Phase H 120 CFM aeration blower and two 187 GPM jet mixing pumps; a
12,300 gallon post -anoxic zone; a 1.75 hp post -anoxic mixer; a 174 GPM recirculation pump; a 294 GPM
mixed liquor return pump; a 2,100 gallon membrane tank with two membrane cells and 10 membrane
modules per cell served by the Phase lI 128 CFM air-sparging blower; a 76 GPM permeate pump; and
two UV disinfection units each having two lamps; and all associated piping, valves, controls and
appurtenances
to serve 1,620 bedrooms on 540 lots, a river house, and employee restrooms at the wastewater treatment
plant and airvac station for the Riversound Development, with no discharge of wastes to surface waters,
pursuant to the application received August 14, 2014, and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until March 31, 2016, shall void Permit No.
WQ0031246 issued July 23, 2008, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
1. During an inspection conducted January 9, 2015, Division staff noted that wastewater treatment and
high -rate infiltration facilities have been constructed. However, a proper Engineering Certification
for these facilities has not been received. In addition, it has been noted that the constructed facilities
are not the same as the permitted facilities listed above. Accordingly, prior to operation of the subject
facilities, the Permittee shall submit a major modification application requesting that the permit be
modified to accurately describe the constructed facilities. In addition, this permit application shall be
accompanied by a Partial Engineering Certification for the constructed facilities. Mail the permit
modification application and the engineering certification to the Division of Water Resources, Water
Quality Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T
.0105, .0106, .0 i 16(a) and .07001
2. Upon completion of construction and prior to operation of this permitted facility, a certification
(attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the
permitted facility has been installed in accordance with this permit, Division approved plans and
specifications, and other supporting documentation, including the location of all monitoring wells as
applicable. If this project is to be completed in phases and partially certified, the Permittee shall
retain the responsibility to track further construction approved under the same permit, and shall
provide a final certificate of com letion once the entire project has been completed. Mail the
Certification to the Division of Water Resources, Water Quality Permitting Section, 1617 Mail
Service Center, Raleigh, NC 27699-1617. [ 15A NCAC 02T .0116(a)]
3. The Washington Regional Office, telephone number (252) 946-6481, shall be notified at least 48
hours in advance (excluding weekends and holidays) of operation of the installed facilities such that
an in -place inspection can be made. Notification to the regional supervisor shall be made from 8:00
a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. [15A NCAC 02T
.0108(b)(2)]
WQ0031246 Version 1.2 Shell Version 150213 Page 2 of 13
4. Upon completion of construction and prior to operation of the high rate -infiltration basin and its
associated groundwater lowering system, the facilities shall be tested for functionality and adequate
infiltration capacity pursuant to the Basin Testing Plan submitted to the Division on June 17, 2008.
The Washington Regional Office, telephone number (252) 946-6481, shall be notified at least 48
hours in advance (excluding weekends and holidays) of such testing so that an in -place inspection can
be made. Such notification to the Aquifer Protection Section regional supervisor shall be made
during normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State
Holidays. The results of basin testing and subsequent model verification shall be signed and sealed
by a North Carolina licensed Geologist and submitted to the Water Quality Permitting Section, Non -
Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. The requested
information must be received and approved in writing by the Water Quality Permitting Section prior
to the operation of the subject facility. [15A NCAC 02T .0108(b)(2)]
Prior to operation of the wastewater treatment and high -rate infiltration facilities, the Permittee shall
submit documentation that deed restrictions have been recorded with the Chowan County Register of
Deeds for Lots #256, #257 and #258 to ensure that the required 400 foot setback will be maintained
between the high -rate infiltration basin and habitable residences under separate ownership in
accordance with 15A NCAC 02T .0706(a). Documentation of the recorded deed restrictions shall be
mailed to the Water Quality Permitting Section, Non -Discharge Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0108(b)(2), 02T .0706(e)]
The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0707,
which shall include operational functions, maintenance schedules, safety measures, and a spill
response plan. Prior to operation of the treatment and disposal system, a copy of the Operation and
Maintenance Plan shall be provided to the Water Quality Regional Operations Section, Washington
Regional Office, 943 Washington Square Mall, Washington, NC 27889. [15A NCAC 02T
.0108(b)(2), 02T .0707]
7. The Washington Regional Office, telephone number (252) 946-6481, shall approve surface water
monitoring stations SW-1 and SW-2 and piezometer locations PZ-1, PZ-2 and PZ-3 prior to
installation, and prior to beginning waste disposal operations. The regional office shall be notified at
least 48 hours prior to the installation of any surface water monitoring station and/or piezometer, and
such notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday
through Friday, excluding State Holidays. The general location and name for each surface water
monitoring station and piezometer is marked on Figure 1. [15A NCAC 02C .0108, 02T .0108(b)(2)]
8. Within 60 days of completion of the monitoring wells, the Permittee shall submit two original copies
of a site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be
granted upon prior approval for large properties. At a minimum, the map shall 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 areas.
d. The latitude and longitude of the established horizontal control monument.
e. The elevation of the top of the well casing (i.e., 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 compliance and review 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 taking place on the property. The map and any
supporting documentation shall be sent to the Division of Water Resources, Water Quality Permitting
Section, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0108(b)(2)]
9. A gauge to monitor waste levels in the high -rate infiltration basin shall be installed prior to operation.
[15A NCAC 02T .0108(b)(2), 02T .0705(c)]
WQ0031246 Version 1.2 Shell Version 150213 Page 3 of 13
10. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T A105(d) requires an updated site map to be submitted with the permit renewal
application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the
declarations and bylaws documenting compliance with the attached Operational Agreement. [15A
NCAC 02T .0105(d), 02T .0106, 02T .0109, and 02T .0115(c)]
11. If the subject wastewater treatment or infiltration facilities are in noncompliance with the terms and
conditions of this permit, governing statutes or regulations, the subject facilities shall be connected to
an operational publicly owned wastewater collection system within 180 days of its availability. Prior
to the initiation of these connection activities, appropriate Division approval shall be received. [ 15A
NCAC 02H ,0404(e)]
II. PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained and operated at all times so there
is no discharge to surface waters, nor any contravention of groundwater or surface water standards.
In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions
due to improper operation and maintenance, or failure of the infiltration areas to adequately assimilate
the effluent, the Permittee shall take immediate corrective actions including Division required actions,
such as the construction of additional or replacement wastewater treatment or infiltration facilities.
[G.S. 143-215.1, 143-213.3(a)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility. [ 15A NCAC 02B .0200, 02L .0100]
3. All wells 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
jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1), 02T .0705(b)]
5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0705(m)]
6. 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. [15A NCAC 02T .0115]
7. A usable green area shall be maintained for effluent disposal. The green area shall have the capability
of accommodating the facility's average daily flow without exceeding the green area loading rates. A
"green area" is defined as 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. [15A NCAC 02H
.0404(g)(7)]
WQ0031246 Version 1.2 Shell Version 150213 Page 4 of 13
8. This disposal system was individually permitted on or after December 30, 1983; therefore, the
compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within
the property boundary, whichever is closest to the effluent 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. [15A NCAC 02L .0106(d)(2), 02L
.0107(b)]
9. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the
compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the
review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L
.0106, 02L .0108]
10. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary. [ 15A NCAC 02L .0107(c)]
11. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring
wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L
.0107(g). [15A NCAC 02L .0107]
12. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Chowan County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance
boundary for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[ 15A NCAC 02L .0107(f)]
WQ0031246 Version 1.2 Shell Version 150213 Page 5 of 13
13. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for high -rate infiltration sites permitted under 15A NCAC 02H .0400 and 15A
NCAC 02T .0700 shall be as follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership:
400
I Any habitable residence or place of public assembly owned by the Permittee:
200
iii. Any private or public water supply source:
Too
iv. Surface waters:
50 '
v. Groundwater lowering ditches:
50
vi. Surface water diversions:
50
vii. Any well with exception of monitoring wells:
t00
viii. Any property line:
200
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
l 00
x. Any water line from a disposal system:
10
xi. Subsurface groundwater lowering drainage systems:
50,
xii. Any swimming pool:
100
xiii.Pub] ic right of way:
50
xiv. Nitrification field:
20
xv. Any building foundation or basement:
15
xvi. ]mpounded public water supplies:
500
xvii. Public shallow groundwater supply:
500
t Setbacks to surface waters, groundwater lowering ditches and subsurface
groundwater
lowering drainage systems have been reduced to 50 feet because the treatment
units are
designed to meet a Total Nitrogen of 4 mg/L and a Total Phosphorus of 2 mg/L in accordance
with 15A NCAC 02T .0706(c).
[ 15A NCAC 02H .0404(g), 02T .0706(a), 02T .0706(c)]
b. The setbacks for storage and treatment units permitted under 15A NCAC 02T .0700 shall be as
follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership
ii. Any private or public water supply source:
iii. Surface waters:
iv. Any well with exception of monitoring wells:
v. Any property line:
[I5A NCAC 02T ,0706(d)]
100
100
50
100
50
WQ0031246 Version 1.2 Shell Version 150213 Page 6 of 13
III. 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, which at a minimum shall include operational functions, maintenance schedules,
safety measures and a spill response plan. [15A NCAC 02T .0707]
2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules. [15A NCAC 02T .0117]
3. Only effluent from the Riversound WWTP shall be infiltrated on the sites listed in Attachment B.
[G.S. 143-215. I]
4. An automatically activated standby power source capable of powering all essential treatment units
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. [15A NCAC 02H .0404(g)(3)]
5. No automobiles or machinery shall be allowed on the infiltration sites except during equipment
installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)]
6. Public access to the infiltration sites and wastewater treatment facilities shall be prohibited. [15A
NCAC 02T .0705(p)]
7. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T .0708. [15A NCAC 02T .0708, 02T .1100]
8. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15ANCAC 02T .0705(i)]
9. Freeboard in the high -rate infiltration basin shall not be less than two feet at any time. [15A NCAC
02T .0705(c)]
10. A gauge to monitor waste levels in the high -rate infiltration basin shall be provided. This gauge shall
have readily visible permanent markings, at inch or tenth of a foot increments, indicating the
following elevations: maximum liquid level at the top of the temporary liquid storage volume;
minimum liquid level at the bottom of the temporary Iiquid storage volume; and the lowest point on
top of the dam. [ 15A NCAC 02T .0108(b)(1)]
11. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,
outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments.
Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC
02T .0108(b)(1)]
12. The infiltration basins shall be periodically dredged to remove deposited materials that may impede
the infiltration process. Cleaning records shall be maintained at the facility for a period of no less
than five years, and shall be made available to the Division upon request. The Washington Regional
Office, telephone number (252) 946-6481, shall be notified prior to each cleaning. [15A NCAC 02T
.0108(b)(1)]
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13. The turbidimeters shall be tested and calibrated at a minimum of once per year. Calibration records
shall be maintained at the facility for a period of no less than five years, and shall be made available
to the Division upon request. [15A NCAC 02T .0108(b)(1)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent,
groundwater or surface water parameters. [15A NCAC 02H .0800]
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 to ensure the
accuracy and reliability of flow measurement consistent with accepted engineering and scientific
practices. Selected flow measurement devices shall be capable of measuring flows with a maximum
deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year;
and maintained to ensure the accuracy of measurements is consistent with the selected device's
accepted capability. The Permittee shall maintain records of flow measurement device calibration on
file for a period of at least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
[15A NCAC 02T .0105(k)]
4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A. [15A NCAC 02T .0108(c)]
The Permittee shall maintain adequate records tracking the amount of effluent infiltrated. At a
minimum, these records shall include the following information for each infiltration site listed in
Attachment B:
a. Date of infiltration;
b. Volume of effluent infiltrated;
c. Site infiltrated;
d. Loading rates to each infiltration site listed in Attachment B; and
e. Weather conditions.
[15A NCAC 02T .0108(c)]
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the high -rate infiltration basin
shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard
records shall be maintained at the facility for a period of no less than five years, and shall be made
available to the Division upon request. [15A NCAC 02T .0108(c)]
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7. Three copies of all monitoring data (as specified in Conditions IV.3. and I A.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
I7V.6.) on Form NDAR-2 for every site in Attachment B 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 Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15ANCAC 02T .0105(1)]
8. A record shall be maintained of all residuals removed from this facility. This record shall be
maintained at the facility for a period of no less than five years, and shall be made available to the
Division upon request. At a minimum, this record shall include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0108(b)(1)]
9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for
a period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Date and results of power interruption testing on alternate power supply;
b. Date of calibration of flow measurement device;
c. Date of calibration of turbidimeter;
d. Visual observations of the plant and plant site; and
e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections and cleanings, etc.).
[15A NCAC 02T .0108(b)(1)]
10. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment
C. All mapping-, 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 Figgre 1. [15A
NCAC 02T .0105(m)]
11. For initial sampling of monitoring wells, the Permittee shall submit a Compliance Monitoring Form
(GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the
appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW-59)
without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be
returned to the Penn ittec without being processed. [15A NCAC 02T .0105(m)]
WQ0031246 Version 1.2 Shell Version 150213 Page 9 of 13
V.
12. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-
59) shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699- I 617
[I5A NCAC 02T AIOS(m)]
13. Noncompliance Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone number (252)
946-6481, 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. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Effluent breakout from the infiltration basin.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall 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 days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur. [15A NCAC 02T .0105(l), 02T
.0108(b)(1)]
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and infiltration facilities. [ 15A NCAC 02T A 108(b)]
2. The Permittee or their designee shall inspect the wastewater treatment and infiltration facilities to
prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The
Permittee shall maintain an inspection log that includes, at a minimum, the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and infiltration facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this
permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)]
WQ0031246 Version 1.2 Shell Version 150213 Page 10 of 13
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with
the conditions of this permit, the Division approved plans and specifications, and other supporting
documentation. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T
.0105(n). [G.S. 143-21.5.11
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 jurisdictional government agencies
(e.g., local, state, and federaI). 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 General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC
02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of
the General Statutes. [15A NCAC 02T .0105(c)(6)]
In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC
02T .0104]
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein. [ 15A NCAC 02T .0108(b)(1)]
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. [15A NCAC 02T
.01050)]
8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T
.0110]
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A
NCAC 02T .0120]
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall because for the Division to revoke this permit. [ 15A NCAC 02T
.0105(e)(3)]
WQ0031246 Version 1.2 Shell Version 150213 Page 11 of 13
Permit issued this the 23d day of March 2015
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
!�,,e ay Z erman, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0031246
WQ0031246 Version 1.2 Shell Version 150213 Page 12 of 13
Permit No. WQ0031246 High -Rate Infiltration System
Riversound Property Owners Association March 23, 2015
Riversound WWTP Chowan County
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
In accordance with 15A NCAC 02T .0116, I,_ _,
as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's
authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility,
hereby state to the best of my abilities that due care and diligence was used in the observation of the
construction, such that the facility was built within substantial compliance and intent of this permit, the
Division -approved plans and specifications, and other supporting documentation.
❑ Any variation to this permit, the Division -approved plans and specifications, and other supporting
documentation has been documented in the attached as -built drawings, and shall serve as the
Permittee's minor modification request to amend the permit accordingly.
Provide a brief narrative description of any variations:
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER
By Courier/Special DelivM:
512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
WQ0031246 Version 1.2 Shell Version 150213 Page 13 of 13
THIS PAGE BLANK
ATTACHMENT A — LDMATIONS AND MONITORING REQUIREMENTS
PPI 001 — WWTP Effluent
Permit Number: WQ0031246 Version: 1.2
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCS
Code
parameter Description
Units of
Units
Monthly
Average
Monthly
Geometric !Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
00310
BOD, 5-Day (20 °C)
mg/L
10
2 x Week
Composite
00940
Chloride (as CI)
mg/L
3 x Year 1
Composite
31616
Colifarm, Fecal MF, M-FC Broth, 44.5 °C
41100 mL
14
2 x Week
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
100,0002
150,0003
200,0004
Continuous
Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
4
2 x Week
Composite
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
2 x Week
Composite
00620
Nitrogen, Nitrate Total (as N)
mg/L
10
2 x Week
Composite
00600
Nitrogen, Total (as N)
mg/L
4
2 x Week
Composite
00400
pH
su
6
9
5 x Week
Grab
00665
Phosphorus, Total (as P)
mg1L
2
2 x Week
Composite
70300
Solids, Total Dissolved — 180 °C
mg/L
3 x Year 1
Composite
00530
Solids, Total Suspended
mg/L
15
2 x Week
Composite
I. 3 x Year sampling shall be conducted in March, July and November.
2. Upon completion and certification of the Phase I facilities, the flow limit shall be 100,000 GPD.
3. Upon completion and certification of the Phase Il facilities, the flow limit shall be 150,000 GPD.
4. Upon completion and certification of the Phase III facilities, the flow limit shall be 200,000 GPD.
WQ0031246 Version 1.2 Attachment A Page I of 3
PPI002 - Groundwater Lowering System Effluent
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCs
Code
Parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
00310
BOD, 5-Day (20 °C)
mg/L
2 x Month
Grab
00680
Carbon, Tot Organic (TOC)
mg/L
3 x Year
Grab
00940
Chloride (as CI)
mg/L
3 x Year
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
2 x Month
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
Continuous
Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
2 x Month
Grab
00620
Nitrogen, Nitrate Total (as N)
mg/L
2 x Month
Grab
00600
Nitrogen, Total (as N)
mg/L
2 x Month
Grab
00400
pH
su
2 x Month
Grab
00665
Phosphorus, Total (as P)
mg/L.
2 x Month
Grab
70300
Solids, Total Dissolved —180 °C
mg/L
3 x Year I
Grab
1. 3 x Year sampling shall be conducted in March, July and November-
PPI 003 — Surface Water Monitoring Station SW-1
EFFLUENT CHARACTERISTICS
EFFLUENT LRWTS
MONITORING REQUIREMENTS
PCS
Code
Parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily 1[atimum
Measurement
Frequency
Sample
Type
50050
Flow, in Conduit or thru Treatment Plant
GPD
3 x Year
Estimate
00600
Nitrogen, Total (as N)
mg/L
3 x Year
Grab
00665
Phosphorus, Total (as P)
mg/L
3 x Year
Grab
1. 3 x Year sampling shall be conducted in March, July and November.
WQ0031246 Version 1.2 Attachment A Page 2 of 3
PPI 004 - Surface Water Monitoring Station SW-2
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCs
Code
Parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
50050
Flow, in Conduit or thru Treatment Plant
GPD
3 x Year
Estimate
00600
Nitrogen, Total (as N)
mg/L
3 x Year `
Grab
00665
Phosphorus, Total (as P)
mg/L
3 x Year
Grab
3 x Year sampling shall be conducted in March, July and November.
WQ0031246 Version 1.2 Attachment A Page 3 of 3
THIS PAGE BLANK
ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS
Riversound Property Owner Association — Riversound WWTP
Permit Number: WQ0031246 Version: 1.2
INFILTRATION AREA INFORMATION
APPLICATION LIMITATIONS
Basin
Owner
County
Latitude
Longitude
Net
Dominant
Parameter
Rate
Units
Acres a
Soil Series
1
Riversound Property Owner Association
Chowan
36.072403'
-76.4928030
3.91
Dogue
01284 — Non -Discharge Application Rate
1.29
GPDJ�
WQ0031246 Version 1.2 Attachment B Page 1 of l
THIS PAGE BLANK
ATTACHMENT C -- GROUNDWATER MONITORING AND LIMITATIONS
Monitoring wells: MW-1, MW-2, MW-3, MW-4, MW-S, MW-6, MW-7 and MW-S
Permit Number: WQ0031246 Version: 1.2
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
00680
Carbon, Tot Organic (TOC)
mg/L
3 x Year
Grab
1.6
00940
Chloride (as Cl)
250
mg/L
3 x Year
Grab
1
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
3 x Year
Grab
1
00610
Nitrogen, Ammonia Total (as N)
1.5
mg/L
3 x Year
Grab
1
00620
Nitrogen, Nitrate Total (as N)
10
mg/L
3 x Year
Grab
1
00400
pH
&5-8.5
su
3 x Year
Grab
1,2
00665
Phosphorus, Total (as P)
mg/L
3 x Year
Grab
1
70300
Solids, Total Dissolved - 180 "C
500
mg/L.
3 x Year
Grah
GWVOC
Volatile Compounds (GC/MS)
Present: Yes/No
Annually
Grab
1, 4, 5
82546
Water Level, Distance from measuring point
feet
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 µg/L or less
b. Standard Method 6210D, PQL at 0.5 µg/L or less
C. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less
d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less
e. Another method with prior approval by the Water Quality Permitting Section Chief
Any method used must meet the following qualifications:
a. A laboratory must be DWR 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 µg/L or less that must be supported by laboratory proficiency studies as required by DWR. Any constituents detected above the MDL but below
the PQL of 0.5 µg/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 Washington Regional Office supervisor, telephone number (252) 946-6481,
must be contacted immediately for further instructions regarding any additional follow-up analyses required.
6. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents
comprising this TOC concentration_ If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration will be taken to represent the naturally occurring
TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above.
7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment.
WQ0031246 Version 1.2 Attachment C Page 1 of 2
Piezometers: PZ-1, PZ-2 and PZ-3
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
82546
Water Level, Distance from measuring point
feet
3 x Year
Calculated
1, 2, 3, 4
. 3 x Year monitoring shall be conducted in March, July & 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_ Piezometers shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment
WQ0031246 Version 1.2 Attachment C Page 2 of 2
Ground at'o'vv g System Effluent Pond
F, E. Basin #1.
R
r
r
r s c u n d %IV `:^.'' I P
4000
�t�o[e-eart
Figure
2 — Directional Ma
WQ0031246
Drummonds Point Rd., Edenton, NC 27932
Riversound Property Owners Association
Latitude: 36.0721850
Riversound WWTP
Longitude: -76.489936'
37 , —ioil 1347
13
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1M
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13t1
_I
17
I IG1 13]
,
'glop
Vidan Chowan Hospital
l INS
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_ C2315 Goo& 'data CLIfl 15 Google - Terms of Use
STATE OF NORTH CAROLINA
COUNTY OF Ch O \'VC' c1
Permit No. 3 l -2 116
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-21 S .1 (d 1) and entered into this a 3 r J day of
avl by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
11}N111v�� Jo��t fir�pTe�J" 6�5�"oc���a�.� a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as �u"yJo—';
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
The ASSOCIATION has applied to the COMMISSION for the issuance of a permit: pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the 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.
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 ASSOCIATION do hereby matuallyagree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or snake any additions or modifications to
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 ASSOCIATION 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.
FO€ IM: HOA 08-t3 Page 1 of
3. The ASSOCIATION 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 r-cpair, 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 fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made
as necessary at any time.
5. 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 ASSOCIATION 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.
6. 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 ASSOCIATION 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.
7. The ASSOCIATION 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
ASSOCIATION's successor.
The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to th"e ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
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 ENVIRONMENTAL
MANAGEMENT COMMISSION Name ofASSOCIATION)
r S. 707 2:»,....��u., Ptrtc r (Signatur
avision Ater Reso€�rees
/9.i,
Print Name and Title
3 kll r s .1 41�
(bate) (Date
FORM: NOA 08-13
Paga 2 of 2