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HomeMy WebLinkAboutWQ0031462_Final Permit_20071005(� T� Michael F. Easley, Governor ;Q William G. Ross Jr., Secretary t!JDwa llorth Carolina Department of Environment and Natural Resources U a C Coleen H. Sullins, Director Division of Water Quality -11 October 5, 2007 MARK YATES — VICE PRESIDENT OF DEVELOPMENT USP BLUE RIDGE, LLC 7777 LEESBURG PIKE, SUITE 402N FALLS CHURCH, VIRGINIA 22043 Subject: Permit No. WQ0031462 Cielo Falls Wastewater Surface Irrigation Wilkes County Dear Mr. Yates: In accordance with your modification request received September 24, 2007, we are forwarding herewith Permit No. WQ0031462, dated October 5, 2007, to USP Blue Ridge, LLC for the construction and operation of the subject wastewater treatment and surface irrigation facilities. The purpose of this modification is to provide phased flow limitations in order to allow staged construction of the drip irrigation system. This permit shall be effective from the date of issuance until April 30, 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. Please note the revised Attachment A, which outlines the phased flow limitations for construction Phases I and H. 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. NoMiCarolina 'Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone : (919) 733-3221 Internet: www.nowaterguality.org 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 If you need additional information concerning this matter, please contact Lori Veal at (919) 715- 6187 or lori.veal@ncmail.net. Since I -GColeen H. Sullins cc: Wilkes County Health Department Winston-Salem Regional Office Rich Hayes - Raleigh Regional Office, Aquifer Protection Section Nathan Mathis, PE - BWSC, Inc. APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH 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 US _ Blue Ridge, ILL Wilkes County FOR THE construction and operation of a 24,680 gallon per day (GPD) surface irrigation treatment and disposal facility consisting of a manual bar screen with %2 inch spacing, one (1) 740 gallon per minute (GPM) grinder, one (1) 25,000 gallon equalization basin with four (4) 20 GPM submersible transfer pumps and a course bubble diffuser system; one (1) moving bed bioreactor unit with suspended attached growth plastic media consisting of: two (2) 1700 gallon anoxic chambers each with one (1) 1.5 horsepower (hp) electric mixer, two (2) 1900 gallon aeration chambers with fine bubble diffusers, dual 20 GPM sludge recycle/wasting pumps, one (1) 1800 gallon. settling chamber with 56 cubic feet (ft3) of tube settlers; three (3) 300 cubic feet per minute (CFM) blowers to provide aeration for the bioreactor unit, equalization basin, filter feed tank, filter backwash tank, and the sludge digester; a chemical feed, system for pH adjustment; one (1) 5500 gallon filter feed tank with a course bubble diffuser system and dual 60 GPM filter feed pumps; one (1) 24 square foot (ft) multimedia tertiary filter with dual 200 GPM filter backwash pumps; three (3) ultraviolet disinfection units rated at 20 GPM with one (1) lamp each; one (1) 5500 gallon finished effluent tank with a course bubble diffuser system, an effluent flowmeter, one (1) 19,800 gallon aerobic digester with a course bubble diffuser system and dual 50 GPM decant pumps; an operator control building with a. laboratory; one (1) 750,000 gallon wet weather storage tank with 30 days of effective storage; dual 35 GPM effluent transfer pumps; eight (8) irrigation dosing stations each with three (3) 50 GPM irrigation pumps; a rainfall sensor, thirty-two (32) drip irrigation zones containing: Zone Al through A4, each with 18,052 ft2 of surface area and 1,850 emitters, Zones B1 through B6 each with 20,620 ft2 of surface area and 2,100 emitters, Zones C1 through C2 each with 13,216 ft2 of surface area and 1,363 emitters, Zones D1 through D2 each with 14,716 ft2 of surface area and 1,235 emitters, Zones El through E6 each with 13,385 ft2 of surface area and 1.,458 emitters, Zones F1 through F4 each with 1.7,308 ft2 of surface area and 1,733 emitters, Zones G1 through G4 each with 14,678 ft2 of surface area and 1,438 emitters, and Zones H1 through H4 each with 15,667 ft2 of surface area and 1,595 emitters, for a total irrigation area of 12.0 acres, and all associated piping, valves, and appurtenances to serve 144 bedrooms on 36 lots at Cielo Falls Subdivision, an on -site fire station, a convenience store and a clubhouse, with no discharge of wastes to the surface waters, pursuant to the application received April 11, 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. WQ0031462 Version 1.1 Shell Version 070117 Page 1 of 14 This permit shall be effective from the date of issuance until April 30, 2012, shall be subject to the following specified_ conditions and limitations: I. SCHEDULES [please review the entire permit for reporting, monitoring, and other on -going activities] I. Upon completion of grading and shaping, an updated Soil Scientist Site Evaluation shall be submitted to the Aquifer Protection Section, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636, for all drip field areas where the soil has been significantly altered by grading, cutting or filling. This report shall specifically address the areas identified as old logging roadbeds in Zones D1, D2, E2, E3, E6, F4, G4, H2, H3 and H4. This report shall specifically include, but not be limited to, soil features such as soil compaction and saturated hydraulic conductivity of the least permeable layer, as well as any other properties that might impact the soil's ability to accept the proposed drip irrigation water. The report shall also certify that the significantly altered areas are capable of accepting the designed loading rates. The requested information must be received and acknowledged in writing by the Aquifer Protection Section prior to the commencement of drip irrigation of wastewater on the aforementioned zones. 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 be completed in phases and partially certified. you shall retain the responsibility to track further construction approved under the same permit. and shall provide a final certificate of completion once 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 Winston-Salem Regional Office, telephone number (336) 771-5000, 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 regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 4. 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. II. PERFORMANCE STANDARDS 1. 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. WQ0031462 Version 1.1 Shell Version 070117 Page 2 of 14 3. The compliance boundary for the disposal system is specified by rules in 15A NCAC 02L, Groundwater Classifications and Standards. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 4. 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. 5. 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). 6. The review boundary is established around the disposal systems midway between the compliance boundary and the perimeter of the waste disposal area. Any exceedance of standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. 7. 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: 50 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 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 8. 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. WQ0031462 Version LI Shell Version 070117 Page 3 of 14 9. At no time shall the Permittee charge the conveInience store associated with the Cielo Falls development a fee for the treatment and disposal of wastewater. 10. The disposal system shall be connected to a rain or moisture sensor that shall indicate when wastewater application is not appropriate in accordance with Condition III. 4. and III. 5. of this permit. 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 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 during inclement weather or 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 Ci.elo Falls Development shall be irrigated onto the irrigation area. 8. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 9. Public access to the land application sites shall be controlled. Public access restrictions may include signs posted at trailheads and around the irrigation fields to warn the public about the presence of treated wastewater. 10. 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. 11. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. IV. MONITORING AND REPORTING REQUIREMENTS 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. WQ0031462 Version 1.1 Shell Version 070117 Page 4 of 14 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.. 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 selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of once per year, and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device, The Permittee shall keep records of flow measurement device calibration on file for a period of at least three years. At a minimum, data to be included in this documentation shall be: a. Date of flow measurement device calibration, b. Name of person performing calibration, 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. 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 Conditions IV. 5 and IV. 6.]. 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 7. 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 IManganese Potassium Calcium Percent Humic Matter Sodium Copper pH Zinc Magnesium Base Saturation (by calculation) Phosphorus Cation Exchange Capacity Exchangeable Sodium Percentage WQ0031.462 Version 1.1 Shell Version 070117 Page 5 of 14 8. Noncompliance Notification: The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number (336) 771-5000, 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. V. INSPECTIONS 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. VI. GENERAL CONDITIONS 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. WQ0031462 Version 1.1 Shell Version 070117 Page 6 of 14 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 Permitteeof 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. 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 5th Day of October, 2007 NORTH C OLINA ENYIRO ENTAL MANAGEMENT COMMISSION oleen Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0031462 WQ0031462 Version 1.1 Shell Version 070117 Page 7 of 14 Permit No. WQ0031462 October 5, 2007 ENGINEER'S CERTIFICATION Partial - Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Project Name Location and County for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No WQ0031462 Version LI Shell Version 070117 Page 8 of 14 ATTACHMENT A — Limitations and Monitoring Requirements Cielo Falls Permit Number: WQ0031462 Version: 1.1 PPI 001— WWTP Effluent during Construction Phase I — (to serve twenty six (26) four (4) bedroom residences, corresponding to utilization of irrigation zones El through H4 only). EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS Measurement Sample Parameter Description - PCS Code Monthly Weekly Daily Frequency Type Averages Average Maximum` Flow, in conduit or thru treatment plant - 50050 12,480 gpd Continuous Continuous Nitrogen, Nitrate Total (as N) - 00620 10 mg/1 2 X month Composite Nitrogen, Ammonia Total (as N) - 00610 15 mg/l 2 X month Composite BOD, 5-Day (20 Deg. C) - 00310 30 mg/l 2 X month Composite Colifornr, Fecal MF, M-FC Broth,44.5C - 31616 (geom.mean) 200b #/100m1 2 X month Grab Solids, Total Suspended - 00530 30 mg/l 2 X month Composite pH - 00400 6.0-9.0 S.U. Daily - weekdays Grab 'Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected during the reporting period. b Monthly average for fecal coliform shall be the geometric mean of all samples collected during the reporting period. `Daily maximum shall be the maximum value of all samples collected during the reporting period. dThe effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. PPI 002 — WWTP Effluent during Construction Phase H — (to serve a total of thirty six (36) four (4) bedroom residences, a convenience store, a volunteer fire department, and the subdivision clubhouse, corresponding to utilization of irrigation zones Al through H4). EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS Measurement Sample Parameter Description - PCS Code Monthly Weekly Daily Frequency Type Average Average Maximum` Flow, in conduit or thru treatment plant - 50050 24,680 gpd Continuous Continuous Nitrogen, Nitrate Total (as N) - 00620 10 mg/l 2 X month Composite Nitrogen, Ammonia Total (as N) - 00610 15 mg/l 2 X month Composite BOD, 5-Day (20 Deg. C) - 00310 30 mg/1 2 X month Composite Coliform, Fecal MF, M-FC Broth,44.5C - 31616 (geom.mean) 206b #/100ml 2 X month Grab Solids, Total Suspended - 00530 30 mg/l 2 X month Composite pHd - 00400 6.0-9.0 S.U. Daily - weekdays Grab 'Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected during the reporting period. b Monthly average for fecal coliform shall be the geometric mean of all samples collected during the reporting period. `Daily maximum shall be the maximum value of all samples collected during the reporting period.: dThe effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. Attachment A Shell Version 070117 Page 1 of 2. THIS PAGE BLANK Attachment A Snell Version 070117 1-age 2 of 2 ATTACHMENT B - Approved Land Application Sites and Limitations Permit Number: WQ0031462 Version: i.. Cielo Falls Fields Application Limitations Field/ Net Dominant Rate Pearly Zone Id Owner County Latitude Longitude Acreage Soil Series Parameter (inlhr) Max (inches) Al USP Blue Ridge LLC Wilkes 36°14'25" 81°22'52" .41 Evard 01284 - Application Surface Irrigation 0.30 28.01 A2 USP Blue Ridge LLC Wilkes 36'14'22" 81°22'49" .41 Evard 01284 - Application Surface Irrigation 0.30 28.01 A3 USP Blue Ridge LLC Wilkes 36°14'22" 81 °22'47" .41 Evard 01284 - Application Surface Irrigation 0.30 28.01 A4 USP Blue Ridge LLC Wilkes 36°14'20" 81°22'45" .41 Evard 01284 - Application Surface Irrigation 0.30 28.01 Bl USP Blue Ridge LLC Wilkes 36°14'26" 81°22'57" .47 Evard 01284 - Application Surface Irrigation 0.30 28.01. B2 USP Blue Ridge LLC Wilkes 36°14'24" 81022'54" .47 Evard 01284 - Application Surface Irrigation 0.30 28.01 B3 USP Blue Ridge LLC Wilkes 36°14'23" 81 °22'52" .47 Evard 01284 - Application Surface Irrigation 0.30 28.01 B4 USP Blue Ridge LLC Wilkes 36'14'21" 81 02249" .47 Evard 01284 - Application Surface Irrigation 0.30 28.01 B5 USP Blue Ridge LLC Wilkes 36'14'20" 81°22'47" .47 Evard 01284 - Application Surface Irrigation 0.30 28.01 B6 USP Blue Ridge LLC Wilkes 36°14'18" 81°22'47" .47 Evard 01284 - Application Surface Irrigation 0.30 28.01 Cl USP Blue Ridge LLC Wilkes 36114'25" 81122'58" .30 Evard 01284 - Application Surface Irrigation 0.30 28.01 C2 USP Blue Ridge LLC Wilkes 36114'24" 81 °22'56" .30 Evard 01284 - Application Surface Irrigation 0.30 28.01 D1 USP Blue Ridge LLC Wilkes 36'14'29" 81°23'04" 34 Evard 01284 - Application Surface Irrigation 0.30 28.01 D2 USP Blue Ridge LLC Wilkes 36°14'28" 81 °23'02" .34 Evard 01284 - Application Surface Irrigation 0.30 28.01 E1 USP Blue Ridge LLC Wilkes 36°14'32" 81°23'09" .31 Evard 01284 - Application Surface Irrigation 0.30 28.01 E2 USP Blue Ridge LLC Wilkes 36'14'31" 81°23'07" .31 Evard 01284 - Application Surface Irrigation 0.30 28.01 E3 USP Blue Ridge LLC Wilkes 36°14'29" 81'23'05" .31 Evard 01284 - Application Surface Irrigation 0.30 28.01 E4 USP Blue Ridge LLC Wilkes 36°14'30" 81'23'05" .31 Evard 01284 - Application Surface Irrigation 0.30 28.01 ES USP Blue Ridge LLC Wilkes 36°14'28" 81 °23'03" .31 Evard 01284 - Application Surface Irrigation 0.30 28.01 E6 USP Blue Ridge LLC Wilkes 36'14'27" 81Q23'02" .31 Evard 01284 - Application Surface Irrigation 0.30 28.01 F1 USP Blue Ridge LLC Wilkes 36°14'31" 81°23'09" .40 Evard 01284 - Application Surface Irrigation 0.30 28.01 F2 USP Blue Ridge LLC Wilkes 36°14'30" 81023'08" .40 Evard 01284 - Application Surface Irrigation 0.30 28.01 F3 USP Blue Ridge LLC Wilkes 36°14'29" 81*23'06" .40 Evard 01284 - Application Surface Irrigation 0.30 28.01 F4 USP Blue Ridge LLC Wilkes 36°14'28" 81'23'05" .40 Evard 01284 - Application Surface Irrigation 0.30 28.01 Attachment B Shell Version 070117 Page 1 of 2 ATTACHMENT B — Approved Land Application Sites and Limitations (Continued) Permit Number: WQ0031462 Version: 1.0 Cielo Falls Fields Application Limitations Field/ Owner County Latitude Longitude Net Dominant Parameter Rate Yearly Max Zone Id Acreage Soil Series (in/hr) (inches) G1 USP Blue Ridge LLC Wilkes 36°14'34" 81023'14" .34 Evard 01284 - Application Surface Irrigation 0.30 28.01 G2 USP Blue Ridge LLC Wilkes 36°14'34" 81°23'14" .34 Evard 01284 - Application Surface Irrigation 0.30 28.01 G3 USP Blue Ridge LLC Wilkes 36°14'33" 81°23'12" .34 Evard 01284 - Application Surface Irrigation 0.30 28.01 G4 USP Blue Ridge LLC Wilkes 36'14'32" 81 '23'11" .34 Evard 01284 - Application. Surface Irrigation 0.30 28.01 Hl USP Blue Ridge LLC Wilkes 36°14'33" 81'23'17" .36 Evard 01284 - Application Surface Irrigation 0.30 28.01 H2 USP Blue Ridge LLC Wilkes 36°14'33" 81023'15" .36 Evard 01284 - Application Surface Irrigation 0.30 28.01 H3 USP Blue Ridge LLC Wilkes 36°14'32" 81°23'13" .36 Evard 01284 - Application Surface Irrigation 0.30 28.01 H4 USP Blue Ridge LLC Wilkes 36014'31" 81°23'12" .36 Evard 01284 - Application Surface Irrigation 0.30 28.01 Total 12.00 2 of 2 Attachmer, _ `1 Version 070117 ' COUNTY OF WILKES Permit No. VV Q O © 319 to 2. OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this 11TH day of APRM, '007, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and USP BLUE RIDGE LLC, a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNES SETH: 1. The DEVELOPER is the owner of the certain lands lying in WILKES County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as CIELO FALLS (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 CEELO FALLS HOMEOWNERS ASSOCIATION INC.(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. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and FORM: DEV 09-06 Paue 1 of 2 111CIRIXI1GIHUC 01 Mr, JybX,111 WILL IULAI 105. 1nC 1JCutaratlon anQ Bylaws snail 1Qen uy 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. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. �. 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 the parties hereto on the day and year written as indicated by each of the parties named below: FOR TIE M A CO ION Name of DEVELOPER B �l rAlan W. Klimek, P.E., Director Division of Water Quality 119 J-,�16�- (Date) (Signature) �} Print Name and Title (Date) FORM: DEV 09-06 Page 2 of 2 rigure i — �irte Map Cielo Falls — WQ0031462 N aon 1no� o� 2oa <oo IRRIGATION FIELb, i !J i i i i i.i f ii i `i, :\\ ,`, r SCALE: 11NGH e20D FEE[ COMPLIANCE BOUNDARY WTTH e' "i . ! 1 i i t ' i i' 1 i i I •, •",\ \ • `, '\ , « . ` WHE80FRE APPLICABLE 8ETBACK ' i i i "' I "' i `':,``, `; ••.� \ , `,``, + ` ` I / i' ' ' ' i' ' f','r • �:: +,`' , ^, 't Iyt ', ` ,`,,�,_._.'� .�„y•_-_,'/ ,, , r', , rr , I r,r rIi i,i I fJr r ,rr'tit' l " rt l I ' „`, ` ♦♦ + `'+�' ,, ',,y;'y��1 { i1; i , 1 , ''I ',1, ,, i, `i t-..Ii ` �.,.,ri 1 `` ' `',", `` : .`�,`: ``\.,i , , \`,`� "`'``:,`„ `1♦,tl +, \ TLMNAMEDi NOR, HPRONO KOREEKTRIBUiAKf`` REVIEW --- 1 BOUNDARY •„ ',, r� ',. L,i "f" .,,"\+„ ``, �` `` Ittl , 1 I •+,^-:%'�-'•,`t'cLt`, :`I"ly„{,' r, +,. >' n',,\ % `,��. 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