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HomeMy WebLinkAboutWQ0032991_Final Permit_20090515NCDEN� North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor J.W. Fussell The Land Company of Pender, LLC PO Box 1069 Hampstead, North Carolina 28443 Dear Mr. Fussell: Division of Water Quality Coieen H. Sullins Director May 15, 2009 Subject: Permit No. WQ0032991 Graystone High -Rate Infiltration Pender County Dee Freeman Secretary In accordance with your permit application request received April 30, 2008, and subsequent additional information received September 17, 2008, December 17, 2008, January 5, 2009 and March 10, 2009, we are forwarding herewith. Permit No. WQ0032991, dated May 15, 2009, to The Land Company of Pender, LLC for the construction operation of the subject wastewater treatment and high -rate infiltration facilities. This permit shall be effective from the date of issuance until April 30, 2014, shall void Permit No. WQ0032991 issued May 15, 2009, 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. • Condition I.1. requires that upon completion of construction and Prior to operation of the high rate infiltration basin, the basin shall be inspected by a licensed Professional Geologist to verify that the constructed basins will be capable of receiving the wastewater at the permitted loading rates. • Attachment A contains monitoring requirements for the treated wastewater effluent and the groundwater lowering discharge. • Attachment B contains loading rate limits for the high rate infiltration basins. • Attachment C contains monitoring requirements for monitoring wells MW-1 through MW-4. ACIVER PfiJTECTION' SECTION 1636 I ', Service Cents , Rale�,p. Norir. Caro;'na 27699-1636 Locatio^: 2728 CaPital Exlevard. Raleigh, P:7r1' Carolina 27604 Pho::e: 91�-733-3221 1 W, 1: 919-71M588: FA ' 2: 919-715.64481 Customer Service: 1-817-C23-e74; Inter:lt:wvvw,ncwater uait ,o Al LAC Gi Xp L' , AEG! L',v / 1 T7Eoy; Qt1P NoilhCw-ol111a �atmally Mr. Fentress May 8, 2009 Page 2of 2 • An electronic level sensing device shall be installed to accurately monitoring the loading rate in the infiltration basin. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Alice M. Wessner at (919) 715-5208 or alice.wessner@ncmail.net. Sincerely, • Cole H. Sullins cc: Pender County Health Department Wilmington Regional Office, Aquifer Protection Section Stroud Engineering, 102 Suite D Cinema Drive, Wilmington, NC 28403 Technical Assistance and Certification Unit (with rating sheet attached) APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH HIGH -RATE INFILTRATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO The Land Company of Pender, LLC Pender County FOR THE construction and operation of a 59,040 gallon per day (GPD) high -rate infiltration treatment and disposal facility consisting of a dual train 67,000 GPD capacity wastewater treatment plant, consisting of a manual bar screen 1-1/4" spacing; (2) 16,750 gallon equalization chambers served by two 45 gallon per minute (GPM) dewatering pumps, one (1) 58 cubic feet per minute (CFM) flow equalization blower, a flow controller box, two (2) anoxic chambers with a total capacity of 21,375 gallon served by two (2) 45 GPM anoxic mixing pumps, six (6) aeration chambers of a total capacity of 64,100 gallons, two (2) aeration nitrate 45 GPM recycle pumps, three (3) 12,135 gallon hoppered clarifiers, two (2) 234 CFM blowers to serve the aeration chambers, clarifier and disgester, three (3) fixed media niters served by three (3) 28 GPM waste return pumps, three (3) 50 GPM dewatering filter media tank pumps, one ultraviolet disinfection unit with eight (8) lamps, one (1) 12,031 gallon sludge holding tank, one (1) Microtol turbidimeter, one (1) effluent flow measuring device and chart recorder assembly, one (1) 75 kW standby generator, where the effluent flows via an eight (8) inch PVC gravity- line upon a satisfactory reading to a 4.94 million gallon (effective volume) high rate infiltration basin (loaded at a rate of 0.38 GPD/ft'), when effluent does not meet standards it is diverted via a four (4) inch forcemain to a lined .34 million gallon (effective volume) five- day upset pond lined with a 45 mil synthetic liner, five day pond is drained back to the plant headworks by a manually opened eight (8) inch gate valve, a groundwater lowering system with an average capacity of 70,000 GPD, consisting of ten (10) inch drain tile, a groundwater pump station with dual 48.6 GPM groundwater lowering pumps surrounding the infiltration basin to direct groundwater across a 1300 feet vegetative swale which enters an unnamed tributary to Mill Creek. to serve 123 single family (4-bedroom) homes at the Graystone development with no discharge of wastes to the surface waters, pursuant to the application received April 30, 2008, and subsequent additional information received September 17, 2008, December 17, 2008, January 5, 2009 and March 10, 2009 by the Division of Water Quality (Division), and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until April 30, 2014, and shall be subject to the following specified conditions and Iimitations: WQ0032991 Version 1.0 Shell Version 090204 Page 1 of 10 1. SCHEDULES Upon completion of construction and prior to operation of high rate infiltration basin., the basin shall be inspected by a licensed Professional Geologist to verify that the constructed basins will be capable of receiving the wastewater at the permitted loading rates. The results of this inspection, along with the results of any testing performed shall be signed, sealed and submitted to the Aquifer Protection Section, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. The requested information must be received and acknowledged in writing by the Aquifer Protection Section prior to operation of the subject facilities. 2. Upon facility start up, the permittee may apply for a pump and haul permit if low flow conditions are likely to cause exceedence of effluent limits specified in Attachment A. A pump and haul permit may be applied for by contacting the Wfmington Regional Office at telephone 910-796-7215. 3. 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. 4. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified at least 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 Aquifer Protection Section 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. Monitoring wells MW-1, MW-2, MW-3 and MW-4 shall be approved by the Wilmington Regional Office, telephone number (910) 796-7215 prior to installation and installed prior to beginning waste disposal operations. The regional office shall be notified at least 48 hours prior to (excluding weekends and holidays) the construction of any monitoring well. Such notification to the Aquifer Protection Section regional supervisor shall be made during the non nal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. The well(s) shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year and in accordance with 15A NCAC 02C .0108. The general location and name for each well is marked on Figure 1. See also well construction form submittal requirements in Section IV, of this permit. 6. Within 60 days of completion of the monitoring well(s), the permittee shall submit two original copies of a scaled site map (scale no greater than 1 "=100'); however, special provisions may be granted upon prior approval for large properties. The map(s) must include the following information: a. The location and identity of each monitoring well. b. The location of major components of the waste disposal system. c. The location of property boundaries within 500 feet of the disposal area(s). d. The latitude and longitude of the established horizontal control monument. e. The elevation of the top of the well casing (which shall be known as the "measuring point") relative to a common datum. f. The depth of water below the measuring point at the time the measuring point is established. g. The location of review and compliance boundaries. WQ0032991 Version 1.0 Shell Version 090204 Page 2 of 10 h. The date the map is prepared and/or revised. Control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities that may take place on the property. The maps and any supporting documentation shall be sent to the N.C. Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, N.C. 27699-1636. The permittee is responsible far the geographic accuracy of any map submitted, however produced 7. If not already installed, a waste -level gauge, to monitor waste levels in the infiltration basin and the five-day upset pond shall be installed prior to operation. Prior to operation, an electronic level sensing device shall be installed to accurately measure the loading rate in the infiltration basin. 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 wan -anted, will renew 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. 10. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly owned wastewater collection system within 180 days of its availability to the subject facilities, if the subject wastewater treatment or disposal facilities are in noncompliance with the terms and conditions of this non -discharge permit or the governing statutes or regulations. Prior to the initiation of these connection activities, appropriate approval must be received from this Division. IL PERFORMANCE STANDARDS The high -rate infiltration 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 due to improper operation and maintenance, or failure of the high -rate infiltration area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division, such as the construction of additional or replacement wastewater treatment and disposal facilities. 2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to ground or surface waters resulting from the operation of this facility. 3. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. 4. Effluent limitations shall not exceed those specified in Attachment A. 5. Application rate, whether hydraulic, nutrient, or other pollutant shall not exceed the one specified in Attachment B. 6. 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, WQ0032991 Version 1.0 Shell Version 090204 Page 3 of 10 7. The Permittee shall apply for a permit modification prior to any sale or transfer of property that affects a compliance boundary to establish a new compliance boundary. 8. In accordance with 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall be constructed within the compliance boundary except as provided by 15A NCAC 02L .0107(g). 9. The 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. 10. The facilities permitted herein must be constructed according to the following setbacks: a. The setbacks for high -rate infiltration sites shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate 100 ownership: ii. Any habitable residence or place of public assembly owned by the 50 Permittee: iii. Any private or public water supply source: 100 iv. Surface waters: 1001, v. Groundwater lowering ditches: 100a vi. Surface water diversions: 50 vii. Any well with exception of monitoring wells: 100 viii.Any property line: 100 ix. Top of slope of embankments or cuts of two feet or more in vertical 100 height: x. Any water line from a disposal system: 10 xi. Subsurface groundwater lowering drainage systems: 100a xii. Any swimming pool: 100 xiii.Public right of way: 50 xiv. Nitrification field: 20 xv. Any building foundation or basement: 15 xvi. Impounded public water supplies: 500 xvii. Public shallow groundwater supply: 500 b. The setbacks for treatment and storage units shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Any private or public water supply source: 100 iii. Surface waters: 50 iv. Any well with exception of monitoring wells: 100 v. Any property line: 50 * Setbacks to surface waters, groundwater lowering ditches, and subsurface groundwater lowering drainage systems have been reduced to 100 feet because the treatment units are designed to meet a Total Nitrogen of 7 mgll and a Total Phosphorus of 3 mgll in accordance with 15A NCAC 02T .0706(b). 11. The Operational Agreement (see 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. WQ0032991 Version 1.0 Shell Version 090204 Page 4 of 10 12. A usable green area shall be maintained for wastewater disposal. The green area shall have the capability of accommodating the average daily flow of the facility being served without exceeding the loading rates of the green area. A "green area", as defined in 15A NCAC 02H .0404 (g)(7), is an area suitable for waste disposal, either in its natural state or which has been modified by planting a vegetative cover of grasses or low growing shrubbery. M. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0707 including operational functions, maintenance schedules, safety measures, and a spill response plan. 2. Upon classification of the wastewater treatment and high -rate infiltration 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. No type of wastewater other than that from Graystone shall be disposed onto the high -rate infiltration area. 4. An automatically activated standby power source shall be on site and operational at all times capable of powering all essential treatment units. if a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. 5. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 6. Fencing around plant, infiltration basin and 5-day upset pond will control public access to the land application sites. 7. The residuals generated from these treatment facilities must be disposed / utilized in accordance with 15A NCAC 02T A 100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0708. 8. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 9. Freeboard in the infiltration basin and five-day upset pond shall not be less than 2 feet at any time. 10. A waste -level gauge, to monitor waste levels in the infiltration basin and five-day upset pond, shall be provided. This gauge shall have readily visible permanent markings indicating the 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 damp elevations. Caution must be taken not to damage the integrity of the liner when installing the gauge. 11. A protective vegetative cover shall be established and maintained on all earthen basin embankments (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 basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible. WQ0032991 Version 1.0 Shell Version 090204 Page 5 of 10 12. All wastewater shall be routed to the 5-day holding pond should the limit for fecal coliform (daily maximum concentration of 25 per 100 ml) or turbidity (instantaneous maximum of 10 NTU) be exceeded, until such time that the problems associated with the treatment capability of the wastewater treatment plant have been corrected. The wastewater in the 5-day holding pond shall be pumped back to the treatment plant for re -treatment or treated in the 5-day pond prior to discharge to the storage pond. 13. The infiltration basin shall be periodically dredged to remove deposited materials that may impede the infiltration process. Records shall be kept on site for a period of five (5) years, and the Wilmington Regional Office's Aquifer Protection Section shall be notified prior to dredging. 14. In an event of an infiltration pond failure, identified as when the liquid level in the basin comes within 24 inches of the containment berm crest for five days in a row, the permittee shall initiate immediate pond remediation action. IV. MONITORING AND REPORTING REOUIREMENTS Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by the Division to ensure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 02H .0800. 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. Specifically, PPI 001 is the wastewater treatment facility effluent and PPI 002 is the Groundwater Lowering Trench Drain Discharge. 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 high -rate infiltration, b. Volume of wastewater infiltrated, c. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B for each field, and d. Weather conditions 6. Freeboard (i.e., waste level to the lowest elevation on the top of the embankment) in the infiltration basin and the five-day upset pond shall be recorded weekly. WQ0032991 Version 1.0 Shell Version 090204 Page 6 of 10 7. A record shall be maintained of all residuals removed from this facility. This record shall include the name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to accept the residuals, date the residuals were hauled, and volume of residuals removed. 8. A maintenance log shall be maintained at this facility including but not limited to the following items: a. Visual observations of the plant and plant site. b. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing, diffuser inspections and cleanings, etc.). c. Date of calibration of flow measurement device. d. Date and results of power interruption testing on alternate power supply. 9. Monitor wells shall be sampled after construction and within three months prior to initiating waste disposal operations. Monitor wells shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms, and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. 10. For the initial sampling of the well as specified elsewhere in the permit, the permittee shall submit a copy of the GW-1 Form (Well Construction Record) that lists this permit number and the appropriate monitoring well identification number with the Compliance Monitoring Form (GW-59) for that well. Initial Compliance Monitoring Forms that do not include copies of the GW-1 form are incomplete and may be returned to the permittee without being processed. 11. Two copies of the results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form), along with attached copies of laboratory analyses, by the Division of Water Quality, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 on or before the last working day of the month following the sampling month. Form GW-59 shall include the number of this permit and the appropriate well identification number. One Form GW-59a certification foray shall be provided for each set of sampling results submitted. 12. Three copies of all monitoring data [as specified in Conditions IV.3. and IV A.] on Form NDMR for each point prior to irrigation (PPI) and three copies of all operation and disposal records [as specified in Conditions IV.S. and IV.6.] on Form NDAR-2 for every infiltration area 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 13. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances including ponding in the high -rate infiltration area or runoff from the high -rate infiltration areas or infiltration basin breakout. WQ0032991 Version 1.0 Shell Version 090204 Page 7 of 10 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 failure to achieve freeboard compliance after five days of non compliance. e. 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 infiltration area. 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. 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. WQ0032991 Version 1.0 Shell Version 090204 Page 8 of 10 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 NCG010000, 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 forms, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The Permittee of record shall remain fully responsible for compliance until a permit is issued to the new owner. 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. 8. The Permittee must pay the annual fee within 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(c). Permit issued this the 15th of May 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r en : ullins, Director ivision of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032991 WQ0032991 Version 1.0 Shell Version 090204 Page 9 of 10 Permit No. WQ0032991 05/15/2009 ENGINEER'S CERTIFICATION Partial Final 1, , 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 Nome 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. WQ0032991 Version 1.0 Shell Version 090204 Page 10 of 10 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— WWTF Effluent Permit Number: WQ0032991 Version: 1.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS Parnnicter Description - PCS Code Monthly Average' Weekly Average Daily Maximum` Measurement Frequency Sample 'type Phosphorus, Total (as P) - 00665 3 mg/l 2 x Month Composite Nitrogen, Ammonia Total (as N) - 00610 4 mg/l 6 mg/l 2 x Month Composite Nitrogen, Nitrate Total (as N) - 00620 2 x Month Composite Nitrogen, Total (as N) - 00600 7 mg/l 2 x Month Composite BOD, 5-Day (20 Deg. C) - 00310 10 mg/1 15 mg/l 2 x Month Composite Solids, Total Suspended - 00530 5 mg/l 10 mg/1 2 x Month Composite Coliform, Fecal MF, M-FC Broth,44.5C - 31616 14' #/100ml 25 #/100m1 2 x Month Grab pH - 00400 6.0 9.0` su 9.0 su 2 x Month Grab Chloride (as Cl) - 00940 3 X year Grab Carbon, Total Organic (TOC) - 00680 3 X year Grab Solids, Total Dissolved - 70295 3 X yea? Grab Flow, in conduit or thru treatment plant - 50050 59,040 gpd Continuous Recorder Turbidity, HCH Turbidimeter - 00076 10 ntu Continuous Recorder Notes: '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. d 3 X year sampling shall be conducted during March, July and November. `The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units WQ0032991 Version 1.0 Attachment A Page 1 of THIS PAGE BLANK WQ003291, , ersian 1.0 Attachment A ,e 2 of 3 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS PPI 002 — Groundwater Lowering Trench Drain Discharge' Permit Number: WQ0032991 Version: 1.0 EFFLUENT CHARACTERISTICS .EFFLUENT LIMITS MONITORING REQUIREMENTS Parameter Description - PCS Code Monthly Average" Weekly Average Daily Maximum` Measurement Frequency Sample Type BOD, 5-Day (20 Deg. C) - 00310 2 x Month Grab Carbon, Tot Organic (TOC) - 00650 3 X year Grab Phosphorus, Total (as P) - 00665 2 x Month Grab Nitrogen, Total (as N) - 00600 2 x Month Grab pH - 00400 2 x Month Grab Chloride (as Cl) - 00940 3 X years Grab Solids, Total Dissolved - 70295 3 X year Grab Nitrogen, Nitrate Total (as N) - 00620 2 x Month Grab Flow, in conduit or thru treatment plant - 50050 70,000 gpd Continuous Recorder Notes: 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. `' 3 X year sampling shall be conducted during March, July and November. The discharge from the pond underdrain systein shall be sampled at a points prior to discharge at the location shown in Figure 1. f Annual sampling shall be conducted every November. WQ0032991 Version 1.0 Attachment A Page 3 of 3 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0032991 Version: 1.0 The Land Company of Pender, LLC — Graystone WWTF INFILTRATION AREA INFORMATION APPLICATION LIMITATIONS Field/ Owner County Latitude Longitude Net Dominant Parameter hate Yearly Units Basin Acreage Soil Series Max 001 The Land Company Pendsr 34o 21 18 77o 43 09 4,0 Murville/Leon 01284-Application Surface 3$ z gpd/ft of Pender, LLC Irrigation Total 4.0 WQ00329. , ersion 1.0 Attachment B age I of 2 THIS PAGE BLANK WQ0032991 Version 1.0 Attachment B Page 2 of ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring wells: MW-1, MW-2, MW-3 & MW-4 Permit Number: WQ0032991 Version: 1,0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS Parameter Description - Parameter Code Daily Maximum Frequency Measurement Sample Type Footnotes Water level, distance from measuring point — 82546 ft 3 x year Calculated 1, 2, 3 Coliform, Fecal MF — 31616 #/ 100m1 3 x year Grab 1 Solids, Total Dissolved- 180 Deg C — 70300 500 mg/1 3 x year Grab 1 pH — 00400 6,5-8.5 S.U. 3 x year Grab 1,2 Chloride (as Cl) — 00940 250 mg/I 3 x year Grab I Carbon, Tot Organic (TOC) — 00680 tng/l 3 x year Grab 1 Nitrogen, Ammonia Total (as N) — 00610 mg/I 3 x year Grab I Nitrogen, Nitrate Total (as N) — 00620 10 mg/l 3 x year Grab 1 Phosphorus, Total (as P) — 00665 mg/l 3 x year Grab I Volatile Organic Compounds (GC/MS) — 78732 mg/l 3 x year Grab 1,4 1. 3 X year monitoring shall be conducted in March, July & November. 1. 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 p1l shall be made after purging and prior to sampling for the remaining parameters. 2. 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. 3. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: I. Standard Method 6230D, PQL at 0.5 pg/L or less 2. Standard Method 6210D. PQL at 0.5 µg/L or less 3. EPA Method 8021. Low Concentration, PQL at 0.5 µg/L or less 4. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less 5. Another method Nvith prior approval by the Aquifer Protection Section Chief Any method used must meet the following qualifications: a. A laboratory must be DWQ certified to run any method used. b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used must provide a PQL of 0.5 µg/L or less that must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported. 4. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Wilmington Regional Office Aquifer Protection Supervisor, telephone number (910) 796-7215, must be contacted immediately for further instructions regarding any additional follow-up analyses required. WQ00329. Jersion 1.0 Attachment C age 1 of 2 5_ If TOC concentrations greater than 10 mg/l are detected in any downgradient monitoring well. additional sampling and analysis roust be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 me, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. G. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure I and this attachment. WQ0032991 Version 1.0 Attachment C Page 2 of 2 STATE OF NORTH CAROLINA COUNTY OF pe.n c e.r Permit No. _ G? O G 3 a � ? I OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this `L, day of by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and The Land Company of Pender, LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Pender County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Graystone (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 Graystone HOA (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: The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to e DEVELOPERs successor. RECEIVED I DENR vyu ,{#qL fc' Prot-,tj r sep'tio-1 FORM: DEV 06-07 Page 1 of 2 APR 3 0 2098 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local takes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION /A --- �- lee . Sullins, Director Division of Water Qualil Cfe P ! lionDEN/ DWQ quife' Pfn�rr#IOf! SEC#10n APR 3 0 202 (Date) The Land Company of Pender, LLC Name of DEVELO By: �—/414 71,4-L� (Si tore) J.W. Fussell, Member Print Name and Title 2- (Date) FORM: DEV 06-07 Page 2 of 2