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HomeMy WebLinkAboutWQ0033097_Final Permit_20130531;'A A74m) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director May 31, 2013 Stephen N. Fleischman — Vice President Eaton's Crossing NC LP clo WEH, Inc. General Partner 2900 Linden Lane, Suite 300 Silver Spring, Maryland 20910 v Dear Mr. Fleischman: John E. Skvarla, III Secretary Subject Permit No. WQ0033097 Change of Ownership Eaton's Crossing t Wastewater Irrigation System Warren County In accordance with your permit change of ownership request received May 1, 2013, we are forwarding herewith Permit No. WQ0033097 dated May 31, 2013 to Eaton's Crossing NC LP for the continued operation of the subject wastewater treatment and irrigation facilities. Please note that, in accordance with the recent change of facility ownership, the Permittee has been changed from Atlas NC I SPE, LLC to Eaton's Crossing NC LP. This permit shall be effective from the date of issuance until April 30, 2018, shall void Permit No. WQ0033097 issued July 15, 2011, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B, 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. For your convenience, customized electronic copies of your facility's NDUR and NDAR�l reporting forms are available for download at: http://portal.nedenr.or web/wq/ ps/lau/reporting. 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. AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 LocatioiT 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-807-64641 FAX: 9IM07-6496 Internet: www.ncwateMuatily.org Nne orthCarohna An Equal Opportunity 4 AKrmalive Action Employer Mr. Fleischman May 31, 2013 Page 2 of 2 If you need additional information concerning this permit, please contact David Goodrich at (919) 807-6352 or at david.goodrich@ncdenr.gov. Sincerely, fj Char es Wakild, P.E. cc: Warren County Health Department Raleigh Regional Office, Aquifer Protection Section Permit File WQ0033097 Notebook File WQ0033097 It NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMIIHSSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Eaton's Crossing NC LP W=en County FOR THE continued operation of a 24,690 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a dual train wastewater treatment plant with one (1) electromagnetic influent flow meter; one (1) 3mm fine screen with automatic auger and screenings press; one (1) 9,466-gallon flow equalization zone with a coarse bubble diffusion system served by two (2) 30 cubic feet per minute (CFM) flow equalization blowers and two (2) 35 gallon per minute (GPM) equalization transfer pumps; two (2) anoxic zones with a total volume of 19,211 gallons with two (2) 2.1 horsepower (bp) submersible mixers per zone, and one (1) 2.5 gallon per hour (GPH) carbon source metering system per zone; two (2) aeration zones with a total volume of 13,488 gallons with a fine bubble aeration system served by dual (2) 245 CFM main plant blowers, and a 2.5 GPH alum metering system per zone for phosphorus removal; two (2) flat plate -type membrane bioreactor (MBR) units, each with a 15 square foot (h) membrane area including an air scour system served by the main plant blowers, and two (2) 210 GPM anoxic recycle pumps per zone; one (1) 325-gallon chemical storage tank for membrane cleaning; one (1) 1100-gallon chemical storage tank for spent cleaning solution; one (1) 15,000-gallon aerobic digester with a coarse bubble diffuser system served by the main plant blowers; one (1) ultraviolet (UV) disinfection unit with two (2) banks of four (4) UV lamps each; a concrete lift station with dual (2) 70 GPM transfer pumps; one (1) electromagnetic effluent flow meter, a 125 kW auxiliary generator for backup power supply to essential treatment units; one (1) 0.9 million gallon (MG) synthetically lined wet weather storage pond; dual (2) 124 GPM irrigation dosing pumps; 10.7 acres of spray irrigation area; and all piping, valves, and appurtenances, to serve 241 bedrooms and a pool house, with no discharge of wastes to surface waters, pursuant to the application received May 1, 2013, and subsequent additional information received by the Division of Water Quality, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until April 30, 2018, shall void Permit No. WQ0033097 issued July 15, 2011 and shall be subject to the following specified conditions and limitations: WQ0033097 Version 13 Shell Version 130408 Pagel of8 I. SCHEDULES 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 reap to be submitted with the permit renewal application. The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities. 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. 1. 3. Effluent quality shall not exceed the limitations specified in Attachment A. 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. 5. The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. The irrigation system shall be connected to a rain or moisture sensor, which shall indicate when effluent application is not appropriate in accordance with Conditions IIIA. and .HI.5. of this permit, The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC 02L .0107(b). This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to reznediation 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. 8. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. 9. 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. 10. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). 11. Except as provided for in 15A NCAC 02L A107(g), the Permittee shall ensure any Iandowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Warren County Register of Deeds an easement running with the land containing the following items: WQ0033097 Version 1.3 Shelf Version 130408 Page 2 of 8 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. 12. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400' ii_ Any habitable residence or place of public assembly owned by the Permittee: 200' iii. Any private or public water supply source: 100 iv. Surface waters: 100 v. Groundwater lowering ditches: 100 vi. Surface water diversions: 25 vii. Any well with exception of monitoring wells: 100 viii. Any property line: 1502 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Any water Iine from a disposal system: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Any swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Any building foundation or basement: 15 The setback waiver(s) submitted on August 27, 2008 reduces the required setback to habitable residences on lots 9-11, 15-21, 47-56, 64-70, and 77-79. Minimum setback distances for habitable residences cannot be defined at this time because specific residence locations have not been determined. Minimum setback distances for each lot are to be recorded with the Warren County Register of Deeds. The minimum setback distances for Condominiums 41 and #2 have been reduced to 28 feet and 31 feet, respectively. z The setback waiver(s) submitted on August 27, 2008 reduces the required setback for property lines to 70 feet for Lot 9, 88 feet for Lot 10, 117 feet for Lot 11, 133 feet for Lot 69, and 66 feet for Lot 70. b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership ii. Any private or public water supply source: iii. Surface waters: iv. Any well with exception of monitoring wells: v. Any property line: 100 100 50 100 50 WQ0033097 Version 1.3 Shell Version 130408 Page 3 of 8 M. OPERATION AND MAINTENANCE RE UMEMENTS I . 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 I SA NCAC 02T .0507, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCQ 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. 3. A suitable year round vegetative cover shall be maintained at all tunes, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. b. All irrigation equipment shall be tested and calibrated at least once per permit cycle_ 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. 7. Only effluent from Eaton's Crossing shall be irrigated on the sites listed in Attachment B. 8. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. 9. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. 10. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. 11. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. . 12. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 13. Freeboard in the wet weather storage pond shall not be less than two feet at any time. 14. A gauge to monitor waste levels in the wet weather storage pond shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. WQ0033097 Version 1.3 Shell Version 130408 Page 4 of 8 15. 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. IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. 2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMRR 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 scie4fic 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. 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inchcs/acre) loadings; f: Loading rates to each infiltration site listed in Attachment B; g. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; h. Weather conditions; and i. Maintenance of cover crops. &. Freeboard (i.e., waste level to the lowest embankment elevation) in the wet weather storage basin shall be measured to the nearest inch or tenth of a foot, and recorded weekly_ Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. WQ0033097 Version 1.3 Shell Version 130408 Page 5 of Three copies of all monitoring data (as specified in Conditions IV.3. and TVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. % 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Date and results of power interruption testing on alternate power supply; b. Date of calibration of flow measurement device; c. Visual observations of the plant and plant site; and d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). 10. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results 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, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH 11. Noncompliance Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791- 4200, 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 facility resulting in the treatment of significant amounts of wastes that is 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. e. Any facility failure resulting in a by-pass directly to receiving surface waters. WQ0033097 Version 1.3 Shell Version 130408 Page 6 of 8 d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure the problem does not recur. V. INSPECTIONS I . The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation/recycle facilities to prevent malfunctions, faciligy 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. 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation 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. 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. 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. 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). 4. In accordance with 15A NCAC 02T .0114(i) and pursuant to the flow reduction request received April 10, 2008 and approved May 13, 2008, the Division accepts the data -based design flow rate of 90 gallons per day per bedroom (GPD/br) for the users served by this facility. Regardless of the adjusted daily wastewater design flow rate, at no time shall wastewater flows exceed the Iimits defined in this permit for the subject facility, or exceed the sewer capacity downstream of any new sewer extension or service connection(s). WQ0033097 Version 1.3 Shell Version. 130408 Page 7 of 8 The Permittee shall report the actual (i.e., measured) monthly average amount of wastewater flow contributed per unit (GPD/br) for the 12 months prior to permit renewal. If any of these actual monthly averages are within 20% of the 90 GPD/br value, the Permittee shall re-evaluate the approved value using the methodology applied to determine the approved flow rate of 90 GPD/br, and submit this information within 18 months of renewal. The Division may change the daily wastewater design flow rate for connections to the system at that time, and upon each renewal cycle, pending an evaluation of the submitted flow information. 5. In accordance with 15A NCAC 02T .0114(f)(4), the Permittee shall retain the Division's written approval of any authorized adjusted daily design flow rate for the life of the facility, and shall transfer said written approval to any future Permittee. 6. 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., Iocal, 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; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. r 7. In the event the permitte&facilities change ownership or the Perinittee changes their name, a formal permit modification request shall be submitted to the Division_ This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted hereon. 9. 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 pursuant to 15A NCAC 02T .01050). 10. 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. 11. 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). 12. 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 pursuant to 15A NCAC 02T .0105(e) (3). Permit issued this the 31st day of May 2013 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION /-,-I " Lo*tharlegWakild, Director Division Iff Water Quality By Authority of the Environmental Management Commission WQ0033097 Version 1.3 Shell Version 130408 Page 8 of 8 ATTACHMENT A - LMTATIONS AND MONITORING REQUIREMENTS PPI 001— WWTP Effluent Permit Number: WQ0033097 Version; 1.3 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 50050 Flow, inconduit or thru treatment GPM 24,960 Continuous Recording 00310 BOD, 5-Day (20 Deg. C) mg/l 30 2 X Month Grab 00530 Solids, Total Suspended mg/l 30 2 X Month Grab 00610 Nitrogen, Ammonia Total (as N) mg/l 15 2 X Month Grab 00620 Nitrogen, Nitrate Total (as N) mg/1 2 X Month Grab 00600 Nitrogen, Total (as N) mg/l 8 2 X Month Grab 00665 Phosphorus, Total (as P)' mg11 I 2 X Month Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5C #1100ml 200 2 X Month Grab 00400 pH su 6.0 9.0 Daily - weekdays Grab 70300 Solids, Total Dissolved- 190 Deg.0 mg/1 3 X Year 2 Grab 00940 Chloride (as Cl) mg/l 3 X Year 2 Grab 1. Limits for Total Nitrogen and Total Phosphorus are based on agronomic limitations. 2. 3 X Year sampling shall be conducted in March, July, and November. Of WQ0033097 Version 1.3 Attachment A Pagel of 2 THIS PAGE BLANK - WQ0033097 Version 1.3 Attachment A Page 2 of 2 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0033097 Version: 1.3 Eaton's Crossing NC LP - Eaton's Crossing IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 1 Atlas NC I SPE, LLC Warren 3603017 77058'02" 1.23 Cecil sandy clay loam 01284- Application Surface Irrigation 0.25 30.8 inches 2 Atlas NC I SPE, LLC Warren 36030'18" 771158-01" 1.07 Cecil sandy clay loam 01284-Application Surface Irrigation 0.25 30.8 inches 3 Atlas NC I SPE, LLC Warren 36030'23" 77058'12" 1.28 Cecil sandy clay loam 01284 - Application Surface Irrigation 0.25 30.8 inches 4 Atlas NC I SPE, LLC Warren 36630'24" 77058'11" .97 Cecil sandy clay loam 01284 - Application Surface Irrigation 0.25 30.8 inches 5 Atlas NC I SPE, LLC Warren 36030'24" 77058111" 1.04 Cecil sandy clay loam 01284 -Application Surface Irrigation 0.25 30.8 inches 6 Atlas NC I SPE, LLC Warren 36030'24" 77058110" .90 Cecil sandy clay foam 01284 -Application Surface Irrigation 0.25 30.8 inches 7 Atlas NC I SPE, LLC Warren 36030'24" 77058'10" .89 Cecil sandy clay loam 01284 - Application Surface Irrigation 0.25 30.8 inches 8 Atlas NC I SPE, LLC Warren 36°30'24" 77058'09" .86 Cecil sandy clay loam 01284 - Application Surface Irrigation 0.25 30.8 inches 9 Atlas NC I SPE, LLC Warren 36030'24" 77058'09" I.02 Cecil sandy clay loam 01284 - Application Surface Irrigation 025 30.8 inches ] 0 Atlas NC I SPE, LLC Warren 36030'23" 77058'08" 1.5I Cecil sandy clay loam 01284 - Application Surface Irrigation 0.25 30.8 inches i TotalsE_ 10.77 WQ0033097 Version 1.3 Attachment B . Page 1 of 2 THIS PAGE BLANK WQ0033097 Version 1.3 Attachment B Page 2 of 2 STATE OF NORTH CAROLINA COUNTY OF �A 3ta&e f�_ Permit No. V" VE Q 0 3 J 0 7/ OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 28fL` day of A4I 2P13 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and &IJT6AS PAor.�Inw AJC. 1,10 , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: The DEVELOPER is the owner of the certain lands lying in L&AnAer` County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as 11:A'Mr6 C! N6dsln Cr, (hereinafter the Development). The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposak facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Unit Owners' Association) (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. b. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System; until a permit has been reissued to the DEVELOPER's successor. FORM: DEV a1-12 Page I of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such 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 `ollection 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 DeveIopment'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 /4,�` uck Vakild, Director Division of Water Quality SAS l l (Date) r0n„GaMjt1. A36 LP Name (Signature) KM c"ef }vim Print Name and Title (Date) FORM: DEV 01-12 Page 2 of 2 FORM: NnMR 03-12 NON -DISCHARGE MON'ORING REPORT (NDMR) Page of Permit No.: WQ0033097 Facility Name: Eaton's Crossing NC LP County: Warren Month: Year: PPI: 001 Flow Measuring Point: ❑ Influent ❑ Effluent ❑ No Clow generated Parameter Monitoring Point: ❑ Influent 0 Effluent ❑ Groundwater Lowering ❑ Surface Water Parameter Code —► 50050 00310 00530 00610 00620 00600 00665 31616 00400 70300 0094C m > v a c p v r ` t7 di d I - us r +a a c ° w z C ° aL0 a y °° LoO n tp a 24-hr hrs GPD mg/L mg1L mg/L mg1L mgA_ mg1L #1100 mL su mg1L mg1L 1 s 2 -- 3 4 6 7 10 11 12 13 14 -- — - -- - 16 17 _ 18 � 19 20 __ 21 --- 22 - -- i 23 24 i I i -- --- 25 E - -- _-- 26 I � 27 28 29 30 31 Average: Daily Maximum: — Dai[y Minimum: Sampling Type: Recorder Grab Graf Grab Grab Grab Grab Grab Grab Grab Grab Monthly Avg. Limit: 24,960 30 1 30 15 8 1 Daily Limit: 6.0190 Sample Frequency: Continuous 2 X Year 1 2 X Year 2 X Year 2 X Year 2 X Year 2 X Year 2 X Year L 5 x Week 3 X Year 3 X Year FORM: "' AR-1 08-11 NON -DISCHARGE APPI NTION REPORT (NDAR-1) Page _ of Permit No,: f10iCi' •n's Crossing . • • irrigation occur at this facilit 0YES 0 • t 1 ' 111111111111111111111110MAJA% U*113 Cover Crop:;. 1 1 t t 1 t - 1 sMMM ,- I MMM M ®_____ FORM: N^4R-1 CS-11 NON -DISCHARGE APPL' TION REPORT (NDAR-1) Page_ No.: WQ0033097 Facility Name: Eaton's Crossing NC LP County: Warren occurPermit Did irrigation this facility? El YES ■ NO Field Name Crop:at L Cover Crop - Hourly -. Rate Annual Rate (Iny' Wjmm- jzF1T1xCM% Annual Rate (In):, r ®___�--- FORM: OnAR-1 08-11 NON -DISCHARGE APP! ' - NT[ON REPORT (NDAR-1) Page Did irrigation occur at this facility,? 0 YES ■ NO�- :. :.Field Narne. Area (acres): ..4 WOU-T-H..Cover Crop-