Loading...
HomeMy WebLinkAboutWQ0031857_Final Permit_20170816Water Resources ENVIRONMENTAL QUALITY August 16, 2017 DAVID E. KELLY — TOWN MANAGER TOWN OF OAK ISLAND 4601 EAST OAK ISLAND DRIVE OAK ISLAND, NORTH CAROLINA 28465-5211 Dear Mr. Kelly: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZBIMERMAN Director Subject: Permit No. WQ0031857 Oak Island Satellite WRF Reclaimed Water Generation Conjunctive Utilization, Bulk Distribution, and High -Rate Infiltration System Brunswick County In accordance with your permit renewal request received November 2, 2016, and subsequent additional information received March 6, 2017 and May 24, 2017, we are forwarding herewith Permit No. WQ0031857 dated August 16, 2017, to the Town of Oak Island for the continued operation of the subject reclaimed water generation, conjunctive utilization, bulk distribution, and high -rate infiltration system. This permit shall be effective from the date of issuance until July 31, 2022, shall void Permit No. W00031857 issued February 16, 2015, 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, C, and D for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated February 16, 2015: ➢ Old Conditions I.1., I.2, I.3., I.4., I.5, I.6., I.7., IV.13., and IV.14. — These are no longer relevant as facility construction has been completed and the facility is operational. 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. -- 'Nothing Compares State of North Carolina I Environmental Quality I Water Resources I Water Quality Perraitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. David E. Kelly August 16, 2017 Page 2 of 2 If you need additional information concerning this permit, please contact David Goodrich at (919) 807-6352 or david.goodrich(a ncdenr.gov. Sincerely, a.-S. Jay Zimmerman, P.G., Director Division of Water Resources cc: Brunswick County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION, CONJUNCTIVE UTILIZATION, BULK DISTRIBUTION, AND 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 Town of Oak Island Brunswick County FOR THE operation of a 400,000 gallon per day (GPD) reclaimed water generation, conjunctive utilization, bulk distribution, and high -rate infiltration system consisting of the: continued operation of a reclaimed water generation system consisting of: an influent pump station with dual 300 gallon per minute (GPM) submersible pumps; a fine screen; two 10,500 gallon anoxic tanks with two 2.3 horsepower (hp) submersible mixers; two 42,000 gallon aeration tanks each with a fine bubble diffuser system and served by two 289 cubic feet per minute (CFM) blowers and two 105 GPM wasting pumps; two 5, 420 gallon membrane tanks each with one 265 CFM air scour blower and one 417 GPM membrane feed pump; three racks of membrane modules with 16 modules per rack; a chemical metering system for membrane cleaning; two 150 GPM filtrate pumps with dual in -line turbidity meters; a sodium hypochlorite disinfection system with two chlorine metering pumps; one 131,000 gallon effluent storage tank; an effluent pump station with dual 300 GPM effluent pumps; one 75,000 gallon elevated storage and distribution tank; 2,200 feet of 4-inch PVC sludge force main; approximately 8,500 linear feet of 8-inch PVC reclaimed pipeline; an automatic sampler; a chlorine analyzer; an effluent flow meter; and all piping, valves, controls, and appurtenances; the continued operation of a conjunctive utilization system consisting of: a 2.71 acre spray utilization area consisting of five zones with a total of 122 nozzles each rated at 3.2 GPM to serve the Oak Island Recreation Fields; and all piping, valves, controls, and appurtenances; the continued operation of a bulk distribution system consisting of a single hose connection housed in a locked below grade vault box located at the Oak Island Recreation Fields; and all piping,_ valves, controls,- and appurtenances; and the continued operation of a high -rate infiltration system consisting of a 0.53 acre high -rate infiltration basin with a loading rate of 8.45 gallons per day per square foot (GPD/ftt); a 0.39 acre high -rate infiltration basin with a loading rate of 5.19 GPD/ft�; a groundwater lowering system with nine wells each with a 30 GPM pump, and located at least 200 feet from the high-water level of the basins; and all associated piping, valves, controls, and appurtenances W00031857 Version 2.0 Shell Version 151201 Page 1 of 13 I. to serve the Oak Island Satellite WRF, with no discharge of wastes to surface waters, pursuant to the application received November 2, 2016, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. Please note that Alternative Design Criteria have been approved for this facility in accordance with 15A NCAC 02T .0105(n). The following administrative codes have been approved for alternative design criteria: ➢ 15A NCAC 02T .0705(c) — All treatment/storage lagoons/ponds shall have at least two feet of freeboard. ➢ 15A NCAC 02T .0705(1) — A water -tight seal on all treatment/storage units or minimum of two feet protection from 100-year flood shall be provided. This permit shall be effective from the date of issuance until July 31, 2022, shall void Permit No. W00031857 issued February 16, 2015, and shall be subject to the following specified conditions and limitations: 1. 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 .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, and 02T .01159c) & 15A NCAC 02U .0106, 02U .0109] H. PERFORMANCE STANDARDS 1. The subject reclaimed water and high -rate infiltration 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, failure of the utilization areas to adequately assimilate the reclaimed water, 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 reclaimed water generation facilities, additional or replacement reclaimed water generation facilities, additional or replacement reclaimed water utilization facilities or cessation of reclaimed water utilization activities, or construction of additional or replacement 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. Effluent quality shall not exceed the limitations specified in Attachment A. [ 15A NCAC 02T .0705(b), 02U .0300] 4. Application rates for the high -rate infiltration basins, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m)] 5. Reclaimed water may only be utilized at the sites listed in Attachment B. [G.S. 143-215.1] W00031857 Version 2.0 Shell Version 151201 Page 2 of 13 6. Reclaimed water distributed through bulk fill stations may only be utilized for the purposes listed in AttachmentD. [G.S.143-215.1] 7. The following shall be requirements for the reclaimed water distribution, storage, and utilization facilities: a. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the public or employees that reclaimed water is not intended for drinking. Where appropriate, such warning shall inform the public or employees to avoid contact with reclaimed water. b. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped or otherwise marked to identify the source of the water as being reclaimed water. i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone 522) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER — DO NOT DRINK" or be installed with a purple (i.e., Pantone 522) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less. ii. Identification tape shall be at least three inches wide and have white or black lettering on purple (i.e., Pantone 522) field stating "CAUTION: RECLAIMED WATER — DO NOT DRINK." Identification tape shall be installed on reclaimed water pipelines in a visible manner, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe. iii. Existing underground distribution systems retrofitted for the purpose of distributing reclaimed water shall be taped or otherwise identified as noted above. This identification need not extend the entire length of the distribution system, but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by authorized personnel only. d. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non - potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs which can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .04031 8. No direct cross -connections shall be allowed between reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 9. Reclaimed water distribution lines shall be located at least 10 feet horizontally from and 18 inches below any water line where practicable. Where these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15ANCAC 02U .0403(h)] 10. Reclaimed water distribution lines shall not be less than 100 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well or 50 feet from a public well. [15A NCAC 02U .0403(i)] 11. Reclaimed water distribution lines shall be located at least two feet horizontally from and 18 inches above any sewer line where practicable. Where these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .04030)] 12. The compliance and review boundaries are established at the utilization area boundaries. Any exceedance of standards at the compliance or review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02U .0501(a)(6)] W00031857 Version 2.0 Shell Version 151201 Page 3 of 13 13. This high -rate infiltration 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)] 14. hi accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the high -rate 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] 15. 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)] 16. 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(d)] 17. 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 high -rate infiltration basins' compliance boundary shall execute and file with the Brunswick 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. W00031857 Version 2.0 Shell Version 151201 Page 4 of 13 18. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for reclaimed utilization sites shall be as follows (all distances in feet): i. Surface waters not classified SA: 25 ii. Surface waters classified SA: 100 iii. Any well with exception to monitoring wells: 100 [15A NCAC 02U .0701] b. The setbacks for treatment 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 [15A NCAC 02U .0701] c. The setbacks for high -rate infiltration sites 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: 1001 ii. Any habitable residence or place of public assembly owned by the Pennittee: 501 iii. Any private or public water supply source: 100 iv. Surface waters: 200 v. Groundwater lowering ditches: 200 vi. Surface water diversions: 50 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: 100 x. Any water line from a disposal system: 10 xi. Subsurface groundwater lowering drainage systems: 200 xii. Any swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Any building foundation or basement: 15 Setbacks to habitable residences and places of public assembly under separated ownership and owned by the Permittee have been reduced to 100 and 50 feet, respectively, and setbacks to property lines have been reduced to 50 feet due to the Permittee's compliance with the High - Rate Infiltration System Design Policy dated October 27, 2006. [15A NCAC 02T .0706(a)] WQ0031857 Version 2.0 Shell Version 151201 Page 5 of 13 M. OPERATION AND MAINTENANCE REQUIREMENTS 1. The reclaimed water generation and utilization facilities, and high -rate infiltration facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a reclaimed water system to prevent the discharge of any reclaimed water or partially treated effluent resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)] 2. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include the following: a. Description of the system in sufficient detail to show what operations are necessary for the system to function and by whom the functions will be conducted; b. A map of all distribution lines and record drawings of all utilization systems under the Permittee's control; c. Description of anticipated maintenance activities; d. Include provisions for safety measures including restriction of access to sites and equipment; and e. Spill control provisions including response to upsets and bypasses including control, containment, remediation, and contact information for plant personnel, emergency responders and regulatory agencies. f. For bulk fill operations, the Permittee shall develop an operation and maintenance plan for bulk distribution activities which includes but is not limited to the following: i. Description of operation; ii. Description of anticipated maintenance; iii. Safety measures, including site restrictions; iv. Spill prevention and spill response plan; v. Contact information for plan personnel, emergency responders, and regulatory agencies; vi. Approval procedures of users; vii. Operational requirements for users; and viii.If reclaimed water is to be stored for greater than 72 hours prior to use, included a description of how compliance with reclaimed water quality standards will be ensured the time of use. [15A NCAC 02T .0707, 02U .0801] 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, 02U .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e), 02U .0402(i)] 5. A suitable year round vegetative cover shall be maintained on irrigation sites at all times, such that crop health is optimized, allows for even distribution of reclaimed water, and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 6. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation sites. [15A NCAC 02T .0108(b)(1)] 7. Irrigation at the Oak Island Recreation Fields shall not be performed during inclement weather or when the ground is in a condition that will cause pending or runoff. [ 15A NCAC 02T .0108(b)(1)] WQ0031857 Version 2.0 Shell Version 151201 Page 6 of 13 8. The turbidimeter 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)] 9. Only effluent generated at the Oak Island Satellite WRF shall be utilized, distributed, and/or infiltrated in accordance with this permit. [G.S. 143-215.1] 10. 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)] 11. An automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system shall be provided. [ 15A NCAC 02U .0401(d)] 12. Public access to the reclaimed water generation facilities shall be prohibited. [15A NCAC 02U .0402(f)] 13. Public access to the infiltration sites shall be prohibited. [15A NCAC 02T.0705(p)] 14. Public access to the reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501] 15. A water -tight seal on all treatment/storage units or minimum of two feet protection from the 100-year flood plain elevation shall be provided. [15A NCAC 02U .0402(1)] — A variance to this administrative code has been granted under the Alternative Design Criteria requirements in 15A NCAC 02T .0105(n). 16. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited unless diverted to an alternate treatment or collection system. [15A NCAC 02T .0108(b)(1)] 17. Freeboard in the two high -rate infiltration basins shall not be less than one foot at any time. [15A NCAC 02T .0705(c)] —A variance to the two foot freeboard requirement has been granted under the Alternative Design Criteria requirements in 15A NCAC 02T .0105(n). 18. Gauges to monitor waste levels in the two high -rate infiltration basins shall be provided. These gauges 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 liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)] 19. 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)] 20. All effluent shall be routed to the West Brunswick Regional WRF (Permit No. WQ0023693) should the limit for fecal coliform (e.g., daily maximum concentration of 25 colonies per 100 mL) or turbidity (e.g., instantaneous maximum of 10 NTU) be exceeded, until the problems associated with the wastewater treatment plant have been corrected. [15A NCAC 02U .0402(e)] WO0031857 Version 2.0 Shell Version 151201 Page 7 of 13 21. The Permittee shall develop and implement an education program to inform users (including employees) about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 22. The Permittee shall provide notification to the public and/or employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501] 23. 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 02U .0802. [15A NCAC 02T. 1100, 02U .0802] 24. Reclaimed water used for activities other than land application shall not be used in a manner that causes exposure to aerosols. [15A NCAC 02U .0501(b)(6)] 25. Reclaimed water shall not be used for swimming pools, hot tubs, spas, or similar uses. [15A NCAC 02U .0501(d)] 26. Reclaimed water shall not be used for direct reuse as a potable water supply. [15A NCAC 02U .0501(e)] 27. The infiltration basins shall be periodically dredged to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained for a period of no less than five years and shall be made available upon request. The Wilmington Regional Office, telephone number (910) 798- 7215, shall be notified prior to each cleaning. [15A NCAC 02T .0108(b)(1)] 28. Bulk distribution operations shall meet the following: a. The Permittee shall approve tank truck drivers for participation in the bulk reclaimed water distribution program prior to distribution of reclaimed water. In addition, the Permittee shall provide bilingual (English and Spanish) training to all tank truck drivers approved to participate in the bulk reclaimed water distribution program at a regular frequency. These sessions shall provide training on, but not limited to, the following topics: i. Reclaimed water description and safety; ii. Allowable and prohibited uses of reclaimed water; iii. Procedures for the application (including buffer maintenance), uses, and storage of reclaimed water as well as the disposal of unused reclaimed water; iv. Procedures for spill prevention, countermeasures, and control as well as notification requirements; v. Personal safety and hygiene issues; and vi. Interaction with the general public. b. Tank trucks used to transport reclaimed water shall meet the following requirements: i. Tank trucks and other equipment used to distribute reclaimed water shall be clearly identified with advisory signs. Signage may include but is not limited to "CAUTION: RECLAIMED WATER — DO NOT DRINK", "NON -POTABLE WATER", or a combination of similar phrases. ii. Tank trucks used to transport reclaimed water shall not be used to transport potable water that is used for drinking or other potable purposes. iii. Tank trucks used to transport reclaimed water shall not be filled through on -board piping or removable hoses that may subsequently be used to fill tanks with water from a potable water supply. Tank trucks owned and operated by the Permittee and dedicated to be filled by reclaimed water only may be filled through on -board piping. WO0031857 Version 2.0 Shell Version 151201 Page 8 of 13 i= iv. Tank trucks shall not have been used to haul septage, biosolids, or other waste or chemical transport. v. Tanks trucks shall not have any type of removable container or portable bladder except if the tank/bladder is permanently labeled for reclaimed water use only and a letter from the truck owner is submitted to the Permittee indicating that in no case shall any removable container or portable bladder be used for both reclaimed and potable water at any time. [15A NCAC 02U .0601] 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 reclaimed water generating 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)] 5. The Permittee shall maintain adequate records tracking the amount of reclaimed water distributed to each user and shall include the following information: a. Date of reclaimed water distributed; and b. Volume of reclaimed water distributed to each approved offsite user facility (monthly total). Monthly tracking records for all users shall be summed and reported on Form NDMR (see Attachment A) under parameter WQOI (Flow, Reclaimed Water Distributed). This value shall represent the total volume of reclaimed water distributed to all users for that month. [15A NCAC 02T .0108(c)] 6. The Permittee shall maintain adequate records for the bulk reclaimed water distribution program. Records shall be maintained for a minimum of five years. These records shall include, but are not necessarily limited to, the following information: a. Date and time of bulk distribution event, b. Name of receiver or town -issued bulk fill certification number, c. Intended use of the bulk reclaimed water, d. Number of gallons provided at each bulk distribution event, and e. Total volume of bulk reclaimed water distributed each month. W00031857 Version 2.0 Shell Version 151201 Page 9 of 13 7. 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 basin 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 .0I08(c)] 8. Freeboard (i.e., waste level to the lowest embankment elevation) in the two high -rate infiltration basins 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)] 9. 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(c)] 10. 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. Visual observations of treatment plant and plant site; b. Date of calibration of flow measurement device(s); c. Date of calibration of turbidimeter; d. Record of preventative maintenance (e.g., changing/adjusting of equipment, pump and valve maintenance, cross connection control, testing, inspections and cleanings, etc.; and e. Record of all unpermitted releases of reclaimed water to surface water or land surface including date of occurrence, estimated volume of release, cause, and corrective action taken. [15A NCAC 02T .0108(b)(1)] 11. The Permittee shall develop and maintain a routine review and inspection program for offsite users of reclaimed water. A log documenting user inspections shall be maintained for a minimum of five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Visual observations of the reclaimed water user sites; and b. Record of preventative maintenance (e.g., pump and valve maintenance, cross connection control, etc.). [15A NCAC 02T .0108(b)(1)] 12. Monitoring wells MW-1, MW-2, and MW-3 shall be sampled at the frequencies and for the parameters specified in Attachment C. All manning, well construction forms well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [ 15A NCAC 02T .0105(m)] W00031857 Version 2.0 Shell Version 151201 Page 10 of 13 13. Three copies of all effluent monitoring data and reclaimed water distribution data (as specified in Conditions IV.3., IVA., IV.S, and IV.6.) shall be submitted on Form NDMR for each PPI listed in Attachment A. Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed water distribution activities occurred during the monitoring month, monitoring reports documenting the absence of the activity are still required to be submitted. All effluent monitoring data shall be submitted to the following address: Division of Water Resources, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617. [15A NCAC 02T .0105(1)] 14. Pursuant to § 143-215.IC., the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the wastewater treatment and infiltration facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. [15A NCAC 02U .1401(f)] 15. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. 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 failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV.8.e. but do not require Regional Office notification. d. Any time self -monitoring indicates the facilities permitted herein have gone out of compliance with the limitations contained in this permit. e. Ponding in or runoff from the reclaimed water utilization sites. f. Effluent breakout from the infiltration basins. 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 betaken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)] WQ0031857 Version2.0 Shell Version 151201 Page 11 of 13 V. 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the reclaimed water generation, distribution, utilization and infiltration facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the reclaimed water generation, distribution, utilization and infiltration facilities to prevent malfunction, 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 reclaimed water generation, distribution, utilization 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. 143-215.1] 4. The Permittee shall inspect the utilization sites of all reclaimed water users who obtain more than 10,000 gallons per day of bulk distributed reclaimed water. Permittee inspection of these bulk distribution reclaimed water utilization sites does not need to exceed one inspection per quarter. The Permittee shall maintain records of these inspections for at least five years, and shall make them available to the Division upon request. [15A NCAC 02T .0108(b)] 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. 142-215.1] 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 jurisdictional government agencies (e.g., local, state, and federal). 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; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; National Pollutant Discharge Elimination System (NPDES) requirements under 15A NCAC 02H .0100, and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(cx6)] WQ0031857 Version 2.0 Shell Version 151201 Page 12 of 13 5. In the event the permitted facilities change ownership or the Permittee changes their name, a written 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. [15ANCAC 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 be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 161 day of August 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Jay Zimmerman, P.G., Directo Ki Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0031857 WO0031857 Version 2.0 Shell Version 151201 Page 13 of 13 THIS PAGE BLANK ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— Reclaimed Water Generation System Effluent Permit Number: W00031857 Version: 2.0 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 10. 15 2 x Month Composite 00940 Chloride (as Cl) mg/L 3 x Year' Composite 50060 Chlorine, Total Residual mg/L 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 25 2 x Month Grab 50050 Flow, in Conduit or thin Treatment Plant GPD 400,000 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 2 x Month Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 2 x Month Composite 00620 Nitrogen, Nitrate Total. (as N) mg/L 102 2 x Month Composite 00600 Nitrogen, Total (as N) mg/L 2 x Month Composite 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L 2 x Month Composite 70300 Solids, Total Dissolved - 180 °C mg/L 3 x Year' Composite 00530 Solids, Total Suspended mg/L 5 10 2 x Month Composite 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous Recorder 1. 3 x Year sampling shall be conducted in March, July, and November 2. The 10 mg/L effluent limit for Nitrate (00625) is for treated effluent disposed of via the two high -rate infiltration basins per 15A NCAC 02T .0705(b). W00031857 Version 2.0 Attachment A Page 1 of 2 PPI 002 — Bulk Distributed Reclaimed Water EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Monthly Total y DailMaximum y Measurement Frequency Sample Type 50060 Chlorine, Total Residual - mg/L Monthly Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 25 Monthly Grab WQ01 Flow, Reclaimed Water Distributed Gallons Per Event Estimate PPI 003 — Reclaimed Water Distributed to the Oak Island Recreation Fields EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS Code Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Monthly Total Daily Maximum Measurement Frequency Sample Type WQ01 Flow, Reclaimed Water Distributed Gallons Monthly Estimate W00031857 Version 2.0 Attachment A Page 2 of 2 ATTACHMENT B Town of Oak Island — Oak Island Satellite WRF APPROVED RECLAIMED WATER USES Permit Number: WQ0031857 Version: 2.0 Site Location Name Owner County Latitude Longitude Approved Net Parameter Hourly Units ID Use Acreage Rate 1 Oak Island Recreation Fields Town of Long Beach Brunswick 33.9111420' -78.115901 ° Irrigation 2.71 01284 — Non -Discharge Application Rate 1.0 inches APPROVED LAND APPLICATION SITES AND LIMITATIONS INFILTRATION AREA INFORMATION APPLICATION LIMITATIONS Basin Owner' County Latitude Longitude Net Acreage Dominant Soil Series Parameter Rate Units 1 Leisure Investments of North Carolina, Inc. Brunswick 33.9069530 -78.0660790 0.53 Wando 01284 —Non-Discharge Application Rate 8.45 GPD/ft2 2 Leisure Investments of North Carolina, Inc. Brunswick 33.9080170 -78.0648480 0.39 Wando 01284 —Non-Discharge Application Rate 5.19 GPD/ftz Totals 0.93 1. Please note the high -rate infiltration basins are located on land not owned by the Pemtittee. However, a Reclaimed Quality Effluent Water Agreement between the Pemtittee and Leisure Investments of North Carolina, hic. signed February 13, 2015 is in effect (attached). W00031857 Version 2.0 Attachment B Page 1 of 1 x Z d a w �7 a x H ATTACEMENT C — GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0031857 Version: 2.0 Monitoring wells: MW-1, MW-2 and MW-3 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1, 4 31616 Coliforn, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 1, 4 00610 Nitrogen, Ammonia Total (as N) 1.5 m91L 3 x Year Grab 1, 4 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1, 4 00400 pH 6.5-8.5 so 3 x Year Grab 1, 2, 4 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1, 4 70300 Solids, Total Dissolved - 180 °C 500 mg/L 3 x Year Grab 1, 4 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3, 4 1. 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. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment. WQ0031857 Version 2.0 Attachment C Page 1 of 1 x z a w a x H ATTACHMENT D — APPROVED BULK FILL RECLAIMED WATER USES Town of Oak Island — Oak Island Satellite WRF Permit Number: WQ0031857 Version: 2.0 APPROVED USES ADDITIONAL REQUIREMENTS AND COMMENTS For use by Permittee or Permittee affiliations (i.e., municipal employees, or contracted serviceproviders) Fire fighting and fire extinguishing Must meet Public Water Supply requirements Reclaimed water distribution line flushing and pressure testing Provided the water is returned to the sanitary sewer, or used for other approved reclaimed water uses after testing. Vehicle and equipment washing Provided that no ponding or run-off of the reclaimed water occurs. For use by certified bulk reclaimed water users r Concrete cutting Decorative ponds and fountains that drain to sanitary sewer systems Hydro -seeding and fertilizer mixing Industrial and commercial cooling water or boiler blow down water Provided that cooling water or boiler blow down water is disposed of according to any necess disposal ermit. Industrial and commercial fire prevention systems where there are separate non- otable plumbing lines Irrigation of public and private landscapes and turf Make-up water for brine slurry or similar Brine slurry to be applied to roads to prevent freezing. Irrigation of food chain crops Provided that all conditions of 15A NCAC .1401 are met. Make-up water for preparation of pesticide solutions or similar Use of reclaimed water does not exempt user from meeting the use and disposal requirements of the created solution. Non -potable processes such as asphalt reclamation, concrete production and compost production Puirements. Must meet compost permit re P 9 Sewer cleaning Soil compaction and dust suppression May include irrigation to clay or synthetic clay tennis courts, or similar. Street sweeping and washing Subsurface Directional Boring Does not include borings into bedrock or installation of any wells subject to 15A NCAC 2C - Well Construction Regulations. Vehicle washing and power washing Provided that dual disinfection with UV and chlorination is provided, and that no ondin or run-off of the reclaimed water occurs. I. All users shall complete educational training and receive certification prior to receiving bulk reclaimed water. W00031857 Version 4.0 Attachment D Page 1 of 1 0/v� ecrea tr'ovl - C' - , -f, 1 BRUN ICK OUNTY RP09,T �Hi r y 7bHick REAL P., I "I I�s �s COAS", FLZY/, 1.40 m 3ch Golf C ur FIGURE I OAK ISLAND SATELLITE WATER RECLAMATION FACILITY RECLAIMED WATER FACILITY BRUNSWICK COUNTY WQ0031857 SITE LOCATION MAP tj Oakisland Satellite Water Reclamation Facilely V R n,t Site1 - Oa'k.Island Recreation Fields " s o� G rp 41 ✓1 A L qp VJ m Long Beach st � a ebeaq.Or 'geami�^Dr-''gyp c } Gon' SIC I B — Aerial WQ0031857 Yacht Dr. & NE 54 h St., Oak Island, NC 28465 Town of Oak Island Latitude: 33 919641 ° Oak Island Satellite Water Reclamation Facility Longitude:-78.108607° FIGURE 3 OAK ISLAND SATELLITE WATER RECLAMATION FACILITY RECLAIMED WATER FACILITY BRUNSWICK COUNTY W00031857 INFILTRATION BASIN & MONITOR WELL LOCATION MAP 001114VI MA3'IT RllIM BRUNS WICK COUNTY Reclaimed Quality Effluent Water Agreement (Administrative Amendment) THIS RECLARAED QUALITY EFFLUENT WATER AGREEMENT (the "Agreement') is made effective as of February 13, 2015 by and between Leisure Investments of N.C„ Inc, (the "Ownee) and the Town of Oak Island (the "Town"). WITNESSETH: WHEREAS, Leisure Investments of N.C., Inc, owns property and operates a golf course in the Town of Oak Island and the Town of Caswell Beach; and WHEREAS, the Town of Oak Island has constructed wastewater reclamation facilities able to produce reclaimed quality effluent which will be infiltrated into two bigh-rate infiltration basins and will then provide collected groundwater for irrigation and other uses permitted by the State of North Carolina; and WHEREAS, the. Town of Oak Island and the Town of Caswell Beach have entered into an agreement allowing the use of reclaimed quality effluent water in the Caswell Beach corporate limits; and WHEREAS, Leisure Investments of N.C., Inc. and the Town of Oak Island recognize the value of reclaimed quality effluent water as a resource for irrigation and other allowable uses; and WHEREAS, Leisure Investments of N.C., Inc, and the Town of Oak Island seek to work cooperatively in making this resource available to the Oak Island Golf Club; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1, provision and Acceptance of Reclaimed Quality Effluent Water, The Town shall supply reclaimed quality effluent water to the Owner that may be available from production of the Town wastewater reclamation facilities. The Owner agrees to accept up to an average of265,700 gallons per day of reclaimed quality effluent water to be placed into infiltration basins and for the Town to provide collected groundwater for irrigation of the golf course and adjacent areas, subject to applicable permit requirements and reclaimed quality effluent water availability. The portions of the golf course to receive collected groundwater shall be determined solely by the Owner in accordance with applicable permit requirements and the irrigation needs of the Owner. The Owner and the Town shall cooperate to modify or obtain required permits for the use of reclaimed quality effluent andtor collected groundwater on the golf course and/or other areas in accordance with this agreement. It is understoodby the parties to this Agreement that the Town may, in its sole discretion, supply reclaimed quality effluent water to Town residents and I or Town businesses. Nothing in this Agreement shall be construed to preclude the Town from supplying reclaimed quality effluent water to Town residents and/or Town businesses. 2. Reclaimed Ouality Effluent Delivery System and Lines. The Owner has constructed irrigation facilities which can receive collected groundwater from the Town. The Owner shall provide necessary casements for a reclaimed quality effluent line from public rights -of -way to the Owner's facilities so that reclaimed quality effluent water may be efficiently used. Such easements shall be located in places mutually acceptable to the Owner and the Town The Town, at its expense, shall design, engineer, permit, construct, install, operate and maintain the reclaimed quality effluent water line from the public right of way to the Owner's facilities. The Owner and the Town will work cooperatively on any other irrigation system adjustments which may be found to be beneficial to both parties- Changes that are beneficial to the Town will be paid for by the Town. Any infrastructure changes related to the golf course irrigation system, other than the infiltration basins, and the reclaimed quality effluent line from the public right -of --way to the Owner"s facilities which are: installed on the golf course, whether paid for by the Town or the Owner, become the sole property of the Owner. This includes irrigation lines and sprinkler heads required for the efficient utilization of collected groundwater. The Owner will assume responsibility for the maintenance and repair of the irrigation system and the related infrastructure. 3. Operation and Maintenance of Irri atg ion System; Acceptance of Collected Groundwater. The Owner shall own, operate and maintain the irrigation storage ponds located on the golf course, and the irrigation lines, pipes, pumps and other equipment used to irrigate the golf course: The Owner shall have the right to suspend acceptance of collectedgroundwater during any period in which the water does not meet applicable requirements or standards, or in which acceptance of collected groundwater would likely damage or endanger health or property, or at such times that the collected groundwater is not needed because of excessive rainfall. In the _event that the Owner has a problem maintaining the irrigation system so as to provide fortheacceptance of reclaimed collected groundwater in accordance with this Agreement, the Owner may invite the Town to provide whatever expertise it has. available to assist with the problem. Additionally, the Owner may allow the diversion of collected groundwater to other uses (ponds, etc.) in compliance with permits and general sound irrigation system operating parameters. With respect to collected groundwater storage, the parties have agreed, in principal, to utilize the existing pond at the # 18 green to store collected groundwater on the golf course property. Notwithstanding the foregoing the Tower shall have the sole discretion as to reclaimed quality effluent water storage on. locations that are not on Owners property, 4. Permit Compliance, &pa rd Keeping,.Enforcement and Civil Penalties. The Town shall provide to the Owner copies of all permits, renewals, notices and correspondence firm DWR or any other regulatory authority with respect to the reclaimed quality effluent water, collected groundwater and spray irrigation systems. All reclaimed quality effluent water provided by the Town shall. meet the requirements and standards of applicable laws and permits. The Town shall be responsible for conducting all sampling and testing of the reclaimed quality effluent, as required by applicable permits. The irrigation operator shall maintain any records regarding irrigation of the golf course, as required by any applicable permits, and such information shall be provided to the -Town in a timely manner. The Town shall be responsible for maintaining records regarding reclaimed quality effluent water inflow to the golf course, and for submitting all required. reports regarding such reclaimed quality effluent water to DWW The Town shall timely pay any civil penalty that results from a permit violation for which the Town is responstbk. The Owner shall timely pay any civil penalty that results from a permit violation for which the Owner is responsible. The Owner and the Town shall cooperate to review any alleged violations. The Owner and the Town recognize that the endeavor described by this Agreement is a cooperative endeavor for the benefit of the Oak Island community in which the Owner is a significant contributor to the community's quality of life. 5. Term/Modifications. The initial term of this Agreement shall be ten (10) years, and such term shall automatically beextended for successive periods of five.(5) years unless terminated as hereinafter provided. The Owner and the Town shalt each have the right to unilaterally terminate their obligation hereunder at any time during the initial term or any extension thereof by giving at least six (6) months written notice to the other party. Any other termination, modification or amendment shall be in writing specifically referring to this Agreement and signed by the patties whose obligations are affected by such modification or amendment. 6. Fees for Reclaimed Quality Effluent Water. hi recognition of the benefits that the Town will receive by having a place to send the reclaimed quality effluent water that is produced by the Town's wastewater reclamation facilities, the Town agrees that there will be no fees paid by the Owner to the. Town during the initial term. 7. Condition to Agreement. The Owner and the Town recognize the seasonal availability of collected groundwater for irrigation purposes and agree that the Town is under no obligation to provide collected groundwater when wastewater flows do not reach levels allowing the production of sufficient collected groundwater for the Owner's use. The Owner and the Town recognize the timing and production limitations of the Town's facilities. The Townalso recognizes that there may be times when the Owner cannot immediately accept collected groundwater because of excessive rainfall. 8. Successors and Assigns. This Agreementshall be binding on and shall inure to the benefit of the parties hereto and their respective successors in interest as long as the property is used as a golf course. The Owner shall have the right to convey all or a portion of the golf course, without the consent of the Town, provided that any conveyance of any portion of the golf course that is permitted by DWR for reclaimed quality effluent water infiltration shall be made subject to the provisions of this Agreement, In the event that the :Owner conveys the entire portion of the golf course that is permitted for collected groundwater irrigation, such conveyance shall be deemed to have been made subject to this Agreement, and the Owner shall have no further obligation hereunder. Otherwise, the parties hereto shall not have the right to assign any of their obligations hereunder without the prior consent of the other patties. 9. Miscellaneous. This Agreement constitutes the entire understanding of the parties hereto, and, revokes and supersedes all prior agreements between or among the parties hereto (whether written or oral) with respect to the subject matter hereof, and is intended as a final expression of their mutual understanding. No waiver by any party hereto of any default shall be deemed:.a waiver of any prior or subsequent default under the same or other provisions of this Agreement. This Agreement may be executed in any number of counterpart signature pages (including facsimile counterpart signature pages}, each of which shall be deemed an original and all of which, taken' together, shall constitute one and the same instrumcut. This Agreement shall be governed by the laws of the State of North Carolina IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. xx: OAR Attested: 1e*. " Lisa P. Stites, CMC Town Clerk Leisure investments of NC,, Inc. Town of Oak Island BY Town Manager Manager