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WQ0033222_Final Permit_20081021
O�_ WArFR Michael F. Easley, Governor v r`�QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resourccs p _%7 Coleen H. Sullins Director ' Division of Water Qualitv October 21, 2008 A.B. COOPER, JR. — MANAGING MEMBER OCEAN KING, LLC POST OFFICE BOX 250 ATLANTIC BEACH, NORTH CAROLINA 28512 Subject: Permit No. WQ0033222 Ocean King Condominiums High -Rate Infiltration Carteret County Dear Mr. Cooper: In accordance with your permit application request received August 5, 2008, and subsequent additional information received September 2, 2008 and September 23, 2008, we are forwarding herewith Permit No. WQ0033222, dated October 21, 2008, to Ocean King, LLC for the construction and operation of the subject wastewater treatment and high -rate infiltration facilities. This permit shall be effective from the date of issuance until September 30, 2013, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Please note this permit has several conditions specific to this facility, some of which are requirements that shall be completed prior to construction of the wastewater treatment and high -rate infiltration facilities. These conditions include. ➢ Condition I.I. — This condition requires the Permittee to submit a completed and notarized Green Area Agreement between the Town of Atlantic Beach and the Permittee. Construction of the wastewater treatment and high -rate infiltration facilities may not commence until this documentation has been submitted to the Division. ➢ Condition I.2. -- This condition requires the Permittee to submit documentation that the setback waiver agreements between the Permittee and various parties have been recorded in the Carteret County Register of Deeds. Construction of the wastewater treatment and high - rate infiltration facilities may not commence until this documentation has been submitted to the Division. ➢ Condition I.3. — This condition requires the Permittee to have a licensed North Carolina Soil Scientist perform a follow-up soils evaluation on the high -rate infiltration areas once the cut and fill operations have been completed. Construction of the wastewater treatment and high - rate infiltration facilities may not commence until this documentation has been submitted to and approved by the Division. Y Condition 1.6. — This condition specifies the depth of the screening portion of the two monitoring wells (MW-1 and MW-2), 1ne 4rthCarolina INVA(rallif Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone : (919) 733-3221 Internet: www.newatcrquality.org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6049 An Equal Opportunity 'Affirmative Action Employer— 50% Recycled/10%Post Consumer Paper Customer Service: (877) 623-6748 Mr. A.B. Cooper, Jr. October 21, 2008 Page 2 of 2 ➢ Condition 11.6. -- This condition describes how the location of the compliance and review boundaries was determined via the easements obtained from the Town of Atlantic Beach and Mr. A.B. Cooper, Jr. ➢ Condition H.14. — This condition includes a detailed listing of all setback waivers obtained for setback reductions for the high -rate infiltration areas to property lines, right-of-ways and offsite residences, as well as the setback reductions for the wastewater treatment units to property lines. 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 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. If you need additional information concerning this matter, please contact Nathaniel Thornburg at (919) 715-6160 or nathaniel.thornburg@ncmail.net. Sincerely,,/ .4,- Coleen H. Sullins cc: Carteret County Health Department Wilmington Regional Office, Aquifer Protection Section T. Patrick Shillington, PE — Engineering & Environmental Science Company Technical Assistance and Certification Unit 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 Ocean King, LLC Carteret County FOR THE construction and operation of a 27,000 gallon per day (GPD) high -rate infiltration treatment and disposal facility consisting of: an inline influent primary rotary screen; a 14,500 gallon aerated flow equalization tank served by two (2) 30 cubic feet per minute (CFM) positive displacement blowers with two (2) 20 gallon per minute (GPM) centrifugal pumps, two (2) 1.75 horsepower (hp) mixers and a level transmitter; an influent drum screen with 2 millimeter (mm) openings; two (2) 1,665 gallon anoxic reactors with two (2) oxidation reduction potential (ORP) probes and two (2) 183 GPM centrifugal anoxic jet pumps; two (2) 2,631 gallon aerobic reactors with two (2) dissolved oxygen (DO) probes, two (2) pH/temperature probes, two (2) level transmitters and two (2) 183 GPM centrifugal aerobic jet pumps; a Membrane Operating System (MOS) with two (2) 668 gallon tanks, a pressure transmitter, two (2) level transmitters, two (2) 87 GPM centrifugal recirculation pumps, two (2) 147 GPM centrifugal feed pumps, two "(2) 49 GPM centrifugal filtrate pumps and two (2) 10 GPM centrifugal water pumps; an aeration system with a 85 CFM positive displacement blower serving the aerobic reactors and sludge holding tank, a 96 CFM positive displacement blower serving the MOS air scour and a 96 CFM positive displacement blower as a swing spare; two (2) 55 gallon sodium hypochlorite (NaOCI) drams with two (2) 0.38 GPM diaphragm chemical feed pumps; two (2) 55 gallon sodium hydroxide (NaOH) drams with two (2) 0.02 GPM diaphragm chemical feed pumps; two (2) 55 gallon aluminum sulfate (AI2(SO4)3) drums with two (2) 0.02 GPM diaphragm chemical feed pumps; two (2) 55 gallon acetate drums with two (2) 0.02 GPM diaphragm chemical feed pumps; a 11,848 gallon aerobic sludge holding tank with a level transmitter, a filtrate storage tank; a 1,383 gallon chlorine contact chamber; a turbidim,eter, a flow meter; a nitrate analyzer; an ultraviolet (LTV) disinfection system with four (4) banks and eight (8) total lamps; a 65,547 gallon primary 5-day upset tank with two (2) 110 GPM centrifugal pumps and a level transmitter; an 80,425 gallon secondary 5-day upset tank with two (2) 50 GPM centrifugal pumps and a level transmitter; a 13,462 gallon dosing tank with two (2) 36 GPM submersible pumps and a level transmitter; an 80 kilowatt (kW) automatically activated standby generator; two (2) high -rate drip infiltration fields with a total area of 0.11 acres and served by approximately 4,700 emitters rated at 0.9 gallons per hour (GPH); and all associated piping, valves, electrical systems, instrumental/control systems, etc. WQ0033222 Version 1.0 Shell Version 080827 Page I of 12 1. to serve a 156 person capacity clubhouse and swimming pool and 212 habitable rooms in 66 units at Ocean King Condominiums, with no discharge of wastes to the surface waters, pursuant to the application received August 5, 2008, and subsequent additional information received by the Division of Water Quality (Division), and in conformity with the project plan, specifications, and other supporting data subsequently -filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until September 30, 2013, and shall be subject to the following specified conditions and limitations: 1. Prior to construction of the subject wastewater treatment and high -rate infiltration facilities, the Permittee shall submit a Green Area Agreement between the Town of Atlantic Beach and Ocean King, LLC. The agreement shall be signed and dated by representatives from both parties, and the agreement shall be notarized. The finalized Green Area Agreement shall be submitted to: Division of Water Quality Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 2. Prior to construction of the subject wastewater treatment and high -rate infiltration facilities, the Permittee shall submit documentation to the Division verifying the setback waivers listed in Condition ILI1. have been recorded with the Carteret County Register of Deeds in accordance with 15A NCAC 02T .0706(e). This documentation shall be submitted to: Division of Water Quality Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 3. Upon completion of the cut and fill operation of the top 18-inches of soil in the designated high -rate drip infiltration areas, a licensed North Carolina Soil Scientist shall inspect and verify that the replacement material in the high -rate drip infiltration areas is capable of receiving wastewater at the permitted loading rates in Attachment B. An updated soil scientist site evaluation shall be submitted and this report shall specifically address, but not be limited to, soil features such as soil compaction and saturated hydraulic conductivity of the least permeable layer, as well as any other properties that might impact the soil's ability to accept irrigation water. In order to assure the Division that the facility has the capability to dispose of the wastewater effluent at the permitted rates (Attachment B), the cut and fill operation and subsequent inspection shall be completed prior to wastewater treatment plant construction activities. Once the Permittee has received written approval from the Division verifying the permitted disposal rates can be met based upon the follow-up inspection results, wastewater treatment plant construction may commence. The results of this inspection shall be signed, sealed and submitted to: Division of Water Quality Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Wilmington Regional Office Aquifer Protection Section 127 Cardinal Drive Extension Wilmington, NC 28405 WQ0033222 Version 1.0 Shell Version 080827 Page 2 of 12 4. 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. 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. 6. Monitoring wells MW-I and MW-2 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 normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. The wells shall be constructed in accordance with 15A NCAC 02C .0108. MW-1 shall be screened such that the water level in the well is never above or below the screened (open) portion of the well at anv time during the year, -and MW-2 shall be screened from 20 to 30 feet below land surface. 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. 7. Within 60 days of completion of the monitoring wells, 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 shall include the following information: a. The locationn and identity of each monitoring well. b. The location of major components of the waste disposal system. c. The location of property boundaries within 500 feet of the disposal areas. d. The latitude and longitude of the established horizontal control monument. e. The elevation of the top of the well casing (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. 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 for the geographic accuracy of any map submitted, however produced. 8. Prior to construction of the wastewater treatment and high -rate infiltration facilities, piezometers P-1, P-2 and P-3 shall be permanently abandoned. Within 30 days of abandonment, the Permittee shall notify the Division of this completed requirement. Notification shall be mailed to the Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, N.C. 27699-1636. The piezometers must be abandoned according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. WQ0033222 Version 1.0 Shell Version 080827 Page 3 of 12 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 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. ` 11. PERFORMANCE STANDARDS 1. 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 rates, whether hydraulic, nutrient, or other pollutant shall not exceed those 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. Please note that in order to meet 15A NCAC 02L .0107(b), the Permittee obtained a 55 foot easement into the East Drive Right -of -Way from the Town of Atlantic Beach, and a 50 foot easement into the East Terminal Blvd Right -of -Way from Mr. A.B. Cooper, Jr. In essence, these easements created artificial property lines 55 feet from the western property line and 50 feet from the northern property line of Parcel G (Tax PIN: 637516938140000), thus allowing the compliance and review boundaries to remain within Parcel G and outside of the high -rate infiltration areas. 7. 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. 8. 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. WQ0033222 Version 1.0 SheIl Version 080827 Page 4 of 12 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). 10. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure that any landowner who owns land within the compliance boundary, but who is not the Permittee, shall execute and file with the Register of Deeds in the county in which the land is located an easement running with the land that contains 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. 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. 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. 13. In order to comply with Rule 15A NCAC 2T .0114(d)(2), the Permittee has elected to use the daily design flow rate of 120 GPD/habitable room. A habitable room is defined as a room or enclosed floor space used or intended to be used for living or sleeping, excluding kitchens and dining areas, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets and storage spaces. WQ0033222 Version 1.0 Shell Version 080827 Page 5 of 12 14. 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 ownership: 100' ii. Any habitable residence or place of public assembly owned by the Permittee: 50 iii. Any private or public water supply source: 100 iv. Surface waters: 200 v. Groundwater lowering ditches: 200 vi. Surface water diversions: 6 50 vii. Any well with exception of monitoring wells: 100 viii.Any property line: 502 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 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: 1004 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 s 1. The following setback waiver has been obtained: 19 feet from the high -rate infiltration area to the residence at 108 East Terminal Blvd (Tax PIN: 637516939048). 2. The following setback waivers from the high -rate infiltration areas to the noted property lines have been obtained: 17.5 feet to the western property line of 108 East Terminal Blvd (Tax PIN: 637516939048); and 0 feet to the northern property line of Parcel F (Tax PIN: 637516928948). 3. The following setback waivers from the high -rate infiltration areas to the noted public right-of- ways (ROW) have been obtained: 0 feet to the East Terminal ROW north of Parcel G (Tax PIN: 637516928140); and 0 feet to the East Drive ROW west of Parcel G (Tax PIN: 637516928140). 4. The following setback waiver has been obtained: 20 feet from the treatment and storage units to the residence at 108 East Terminal Blvd (Tax PIN: 637516939048) 5. The following setback waivers from the treatment and storage units to the noted property lines have been obtained: 20 feet to the western property line of 108 East Terminal Blvd (Tax PIN: 637516939048); 20 feet to the northern property line of Parcel F (Tax PIN: 637516928948); 5 feet to the East Terminal Blvd ROW; 10 feet to the East Drive ROW; 36 feet to the public boardwalk; and 10 feet to the Atlantic Blvd ROW. WQ0033222 Version 1.0 Shell Version 080827 Page 6 of 12 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .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. A suitable cover of mulch that eliminates the growth of vegetation and is protective of the high -rate infiltration system shall be maintained in a condition that allows inspection of the high -rate infiltration system. 4. Adequate measures shall be taken to prevent wastewater ponding or runoff from the high -rate infiltration field. 5. All waste application equipment must be tested and calibrated at least once per permit cycle. Records of the calibration must be maintained for five years. 6. No type of wastewater other than that from Ocean King Condominiums shall be disposed onto the high -rate infiltration area. 7. 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. S. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 9. Public access to the high -rate infiltration sites shall be controlled. 10. The residuals generated from these treatment facilities must be disposed / utilized in accordance with 15A NCAC 02T 1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0708. 11. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 12. All wastewater shall be routed to the 5-day upset tanks 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 upset tanks shall be pumped back to the treatment plant for re -treatment or treated in the 5-day upset tanks prior to discharge to the high -rate infiltration areas. WQ0033222 Version 1.0 Shell Version 080827 Page 7 of 12 IV. MONITORING AND REPORTING REOUIItEMENTS 1. 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 frequencies and locations for the parameters specified in Attachment A. S. 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. Field infiltrated, d. Length of time field is infiltrated, e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field, f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B for each field, g. Weather conditions, and h. Maintenance of cover crops. 6. 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. 7. 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. 8. 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. WQ0033222 Version 1.0 Shell Version 080827 Page 8 of 12 9. 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 Forma (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. 10. 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 form shall be provided for each set of sampling results submitted. 11. Three copies of all monitoring data [as specified in Conditions IV.3. and IVA.] 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.] on Form NDAR-1 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 12. An annual representative soils analysis (Standard Soil Fertility Analysis) shall be conducted on each high -rate infiltration field and the results maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Manganese Potassium Calcium Percent Humic Matter Sodium Copper pH Zinc Magnesium Base Saturation (by calculation) Phosphorus Cation Exchange Capacity Exchangeable Sodium Percentage WQ0033222 Version 1.0 Shell Version 080827 Page 9 of 12 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 or runoff from the high -rate infiltration areas. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of disposal system resulting in a by-pass directly to receiving waters. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its permit limitations including, but not limited to, freeboard measurements, effluent limitations, exceedances of groundwater standards, or overloading of any 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. WQ0033222 Version 1.0 She]] Version 080827 Page 10 of 12 V1. 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. 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 ISA 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. 6. The Permittee shall retain a set of approved plans and specifications for the life of the facilities permitted herein. 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. 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(e). Permit issued this the 2151 day of October 2008 NORTH C_AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director Division of dater Quality By Authority of the Environmental Management Commission Permit Number WQ0033222 WQ0033222 Version: 1.0 Shell Version 080827 Page 1 I of 12 Permit No. WQ0033222 October 21, 2008 ENGINEERS 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 Name Location and County for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting; materials. Signature Date Registration No. WQ0033222 Version 1.0 Shell Version 080827 Page 12 of 12 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— WWTP Effluent Permit Number: WQ0033222 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 10 mg/l I5 mg/l Weekly' Composite BOD, 5-Day (20 Deg. C) — 00310 10 mg/1 15 mg/l 2 x Month 4 Composite Chloride (as Cl) — 00940 3 x Year' Composite Chlorine, Total Residual — 50060 Daily (5 x week) Grab Coliform, Fecal MF, M-FC Broth, 44.5C —31616 14 4/100 ml 25 #/100 ml Weekly' Grab Coliform, Fecal MF, M-FC Broth, 44.5C — 31616 14 #/100 ml 25 #1100 ml 2 x Month 4 Grab Flow, in Conduit orthruTreatment Plant —50050 27,000 GPD Continuous Recording Nitrogen, Ammonia Total (as N) — 00610 4 mg/1 6 MO Weekly' Composite Nitrogen, Ammonia Total (as N) — 00610 4 mg/1 6 mg/l 2 x Month 4 Composite N itrogen, Nitrate Total (as N) — 00620 10 mg/l Weekly ' Composite Nitrogen, Nitrate Total (as N) — 00620 10 mg/l 2 x Month ° Composite pH — 00400 6-9 S.U. Daily (5 x week) Grab Solids, Total Dissolved — 70300 3 x Year' Composite Solids, Total Suspended — 00530 5 mg-ll 10 mg/1 Weekly' Composite Solids, Total Suspended — 00530 5 mg/l 10 mg/l 2 x Month 4 Composite Turbidity, HCH Turbidimeter -- 00076 10 ntu Continuous Recording 1. 3 x Year monitoring shall be conducted in March, July & November. 2. Monthly average for Fecal Coliform shall be a geometric mean 3. Weekly measurements shall be taken from May through September 4. 2 x Month measurements slialI be taken October through April WQ0033222 Version I.0 Attachment A Page I of 2 WQ00332. .'ersion 1.0 Attachment A e 2 of 2 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Ocean King, LLC — Ocean King Condominiums Permit Number: WQ0033222 Version: 1.0 INFILTRATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 1 Ocean Ding, LLC Carteret 34041' 57" -76044' 16" 0.056 Corolla -Urban 01284 —Application Surface Irrigation 2.76 3,294 inches 2 Ocean King, LLC Carteret 34° 41' 57" -76° 44' 16" 0.055 Corolla -Urban 01284 — Application Surface Irrigation 2.76 3,294 inches Total 0.11 WQ0033222 Version 1.0 Attachment 13 Page 1 of 2 THIS PAGE BLANK WQ00332. 'ersion 1.0 Attachment B age 2 of 2 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring wells: MW-1 and MW-2 Permit Number: WQ0033222 Version: 1.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS Parameter Description - Parameter Code Daily Maximum Frequency Measurement Sample Type Footnotes Carbon, `fat Organic CfOC) - 00680 mg/l 3 x Year Grab 1,6 Chloride (as Cl) - 00940 250 mg/l 3 x Year Grab CoIitorm, Fecal MF--31616 #/loom] 3 x Year Grab Nitrogen, Ammonia Total (as N) - 00610 tug/I 3 x Year Grab 1 Nitrogen, Nitrate Total (as N) - 00620 10 mg/I 3 x Year Grab I pH - 00400 6.5-8.5 S.U. 3 x Year Grab 1,2 Phosphorus, Total (as P) - 00665 mg/1 3 x Year Grab Solids, Total Dissolved- 180 Deg C - 70300 500 mg/1 3 x Year Grab Volatile Organic Compounds (GC/MS) - 78732 mg/l Annual Grab 1, 4, 5 Water level, distance from measuring point- 82546 ft 3 x Year Calculated 1.2. 3 I. 3 X year monitoring shall be conducted in March, July & November, Annual monitoring shall be conducted every November. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shaft 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 retraining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/l, or less b. Standard Method 62101), PQL at 0.5 µg/L or less c. EPA Method 8021. Low Concentration, PQL at 0.5 µg/L or less d_ EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less e. Another method with prior approval by the 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. 5. 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. If TOC concentrations greater than 10 mg/1 are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. WQ0033222 Version 1.0 Attachment C Page I of 2 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment. WQ0033:L Iersion 1.0 Attachment C 'age 2 of rI' ��}emu ` I. � K -'' _.. a •�::�V v � .� - �':. '"� q+ 3' €ew e �.� — _ f �,.•; y A ' ��• ,�zP'ar`• ;��� . .- h s.'i �1r�,..,,tt_���-�1 _ � .. �e �- _.s _ .�,--.fit t�� c - max: �•'�-- 1`vJINOV D ivo#to rye-W a; PErdject Sites, 0-utlin.od'In Fled h.. USGS BEAUFORT QUADRANGLE MAP N Scale 1" = 2000' e2S F4vrcz- `3 STATE OF NUR t ti t;AKu1..JU'4A COUNTY OF CARTERET Permit No. 0 a c) D 3 3 z z Z OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of ( z4boK- Z Oby and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and OCEAN KING LLC, a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. 1'.11100+X9:0oval 1. The DEVELOPER is the owner of the certain lands lying in Carteret County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as OCEAN KING CONDOM 41UMS (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 shalt 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 OCEAN KING CONDOMINIUM 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. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein_ NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 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 DEVELOPERs successor. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and 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 find shall be separate from the routine maintenance fiords allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate find 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 - �` I IV rMe ne H Sullins, Director Division of Water Quality FM , LLC �1 :LOPED if A. B. COOPER, JR. Print Name and Title (Date) (Date) 4EGCawr.�_ 0 aWater Treatment System — UST SA s a rar r ♦ r C I EauwgCmd�-� T-1 TmmmlS�r®(IdHRfk� iFr £;>' f T- ratmmiS,s t A.6 G- .�,n [ T-3 ff d—Li Rdk a - C4 { nelm.o-sa: $}-I Tr S„r®BeLdrie T3�p�1��fiaiCo60nldb SY2 T -e-,%a Pj.-Erd ED s-1 r ' S-3 Gqu-k�nm'f'ri�tSM 9Y•i Bidep..t sw+bLqpod r� r Sy"—Bkw--dC—VI Ar r , l 4 Amy-xtPTcix®/AtaA-aAfaa.E t4YlsaRQ lAREAPAA 4 M=FrGMfWAWA-PAACg.0 F - I I J F I I ! I❑ 1 ! l l t t !OCEAN RK)G?E ins, / 1 V 1~ f rv!P 1, `l `u W-IERMKAL EkLVA a FM 1 t { 1 1 1 I F P r 1 f 1 r 1 ❑� 1 L� f F---' 110 0 [-] Developer/Applicant. P.©Saa 25t1 .'2 Kingg, LLC --�— Atlantic Beach, NC 28512 ATLMM OCEW Attn: A.B. Cooper, Jr. (252) 726 -2865 " � 7V ATLANTIC BEACHIMOREHEAD CITY BRIDGE Q WE WT WA MR Site M' LOCATION MAP - NOT TO SCALE OCEAN KING CONDOM NIUMS 101 Atlantic Blvd. Atlantic Beach, NC Tiood:�wk...todr�vfpwMad.fd�aAdwslll.4w ASSwcEewt liw0 CwKw�wCad Cu.aY 41. 4Ye0e.IC+s� I.s�i,�rrmd�d m1s�YmLd.,e V.c ie[(ilre(1)�--��&Z 2�°��-�9A01�-�5;3>�ow�i 1Li�D'W>W bsa oi-Dleuavpi�W A1fl�- Sabep�eededrie-i�jpR- IJerwhc wee rd w�oswr-e9:-firrd digP�^W� #i4�A twv��fdaeMsBb.ovdMBR 41awv1. rie inter wI91�`6e IIollew4�ce�� r.AaN+io-U. 2. Am-aahle9yrr a. uw.vi-I�t>Pwd' m� S. Chbe®OiiGotim 4 C#11 vLiii4 Gmw? a.Alo�ea�l..t e. s�ryp-sores 9. ead:m'i<�-ittdiwru iZriw� �T9wbsTrk t3. i!� llprmm or F�w6n<'+,ar� 41. r�--�uyr��arn�t eye t3. 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