HomeMy WebLinkAboutWQ0034616_Final Permit_20100430WDEN
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
JACK HORTON — COUNTY MANAGER
MACON COUNTY
5 WEST MAIN STREET
FRANKLIN, NORTH CAROLINA 28734
Dear Mr. Horton:
Division of Water Quality
Goieen H. Sullins
Director
April 30, 2010
Dee Freeman
Secretary
Subject: Permit No. WQ0034616
North Macon K-4 School
Wastewater lxrigation System
Macon County
In accordance with your permit application request received March 25, 2010, and subsequent
additional information received April 21, 2010, we are forwarding herewith Permit No. WQ0034616,
dated April 30, 2010, to Macon County for the construction and operation of the subject wastewater
treatment and wastewater irrigation facilities.
This permit shall be effective from the date of issuance until December 31, 2015, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements listed in Attachments A and B. Failure to establish an adequate system for
collecting and maintaining the required operational information shall result in future compliance
problems.
Please note the following conditions are unique to your permit and require your attention:
➢ Condition I.1. — This condition notes the Division will perform an analytical review of the
wastewater treatment plant effluent observed nitrate concentrations. If nitrate concentrations
exceed or are trending towards exceeding the 15A NCAC 02L .0202(g)(103) nitrate
groundwater standard of 10 mg/l, then the Permittee shall modify their permit to install one
upgradient and one downgradient monitoring wells on the facility's review boundary.
➢ Condition 1.2. — This condition notes this permit shall be transferred from Macon County to
the Macon County Board of Education upon completion of the Interlocal Agreement dated
March 22, 2010, or if the said Agreement is terminated prior to completion of the
requirements therein.
➢ Condition 111.3. — This condition requires the Permittee to maintain a grass cover crop until
the proposed pine and hardwood forest is established. This condition also requires all grass
clippings be removed from the irrigation site within one week of harvesting.
AQUIFE=R PP,OTECTi^V SECTION
'8361 a;1 Service Ceata:, Raleig^„ North Caroiinc. 7599-1636
Locaf3!. 2728 Capital Boulevard, Raleigh, N,r"i Ca:,Jina 27604
Phone: 919-733.3221 l FAX. 1: 919-7,5-0585; FAX 2: 9'.9-'115-6048 \ Custcraer Service: 1-877-623-674-,
rla-oi1la
Irtemei: www.ncwatemualitv.ora
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V
Mr. Jack Horton
April 30, 2010
Page 2 of 2
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory ]gearing 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.
One set of approved plans and specifications is being forwarded to you.
information concerning this matter, please contact Nathaniel Thornburg
nathaniel.thomburg@ncdear.gov.
Sincerely,
,r Coleen H. Sullins
cc: Macon County Health Department
Asheville Regional Office, Aquifer Protection Section
Patrick C. Bradshaw, PE — Civil Design Concepts, PA
Technical Assistance and Certification Unit
Permit File WQ0034616
Notebook File WQ0034616
If you need additional
at (919) 715-6160 or
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
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
Macon County
Macon County
FOR THE
construction and operation of a 6,000 gallon per day (GPD) wastewater treatment and wastewater
irrigation facility consisting of:
a 1,000 gallon solids interceptor tank with an effluent tee; a 3,000 gallon baffled grease trap with an
effluent tee; a 20,000 gallon baffled septic tank with an effluent filter; a 10,000 gallon baffled
recirculation tank with filter cartridges and four 50 gallon per minute (GPD) recirculation dosing pumps;
two Advantex AX100 suspended growth textile filters served by a 150 cubic feet per minute (CFM)
above ground ventilation fan assembly; a flow splitter basin splitting flow to the 20,000 gallon baffled
septic tank and the 10,000 gallon baffled recirculation tank; a 20,000 gallon denitrification tank with six
30 GPM pumps and two wood chip compartments and served by a 90 gallon chemical storage tank with a
0.6 gallon per hour (GPH) alkalinity chemical feed pump; a flow meter; a 10,000 gallon polishing tank
with two 50 GPM dose pumps; an Advantex AX100 suspended growth textile filter; two interconnected
30,000 gallon wet weather storage tanks with two 50 GPM field dosing pumps; an effluent flow meter;
two ultraviolet (UV) disinfection units in series with a total of two lamps; and eight drip irrigation zones
with a cumulative area of 1.65 acres;
to serve North Macon K-4 School, with no discharge of wastes to surface waters, pursuant to the
application received March 25, 2010, 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 December 31, 2015, and shall be subject to
the following specified conditions and limitations:
WQ0034616 Version 1.0 Shell Version 100209 Page 1 of 10
L SCHEDULES
At the end of the first 5 -year permit the Division shall evaluate the wastewater treatment plant
effluent nitrate concentrations determined using the monitoring schedule found in Attachment A of
this permit. If this review demonstrates effluent nitrate concentrations at the end of the first 5 year
permit cycle exceed the 15A NCAC 02L .0202(g)(103) groundwater standard of 10 mg/l, or if
effluent nitrate concentrations are consistently trending upwards, thus indicating a nitrate
groundwater standard exceedance may be imminent, then the Permittee shall modify this permit to
install one downgradient monitoring well and one upgradient monitoring well on the facility's review
boundary (see Figure 1). Both monitoring well locations shall be coordinated with the Asheville
Regional Office's Aquifer Protection Section, telephone number (828) 296-4500, and approved by
the Division via a permit modification prior to construction and operation of said monitoring wells.
2. This permit issued to Macon County for the North Macon K-4 School is contingent upon the
Interlocal Agreement (see attached), dated March 22, 2010, between Macon County and the Macon
County Board of Education. If for any reason the Interlocal Agreement is terminated prior to
satisfactory completion of the requirements therein, then Macon County shall submit a permit
modification request using Division approved forms to change permit ownership from Macon County
to the deeded land owner, Macon County Board of Education. Otherwise, this permit shall remain
issued to Macon County until completion of the interlocal Agreement, upon which Macon County
shall submit a permit modification request using Division approved forms to change permit
ownership from Macon County to the deeded land owner, Macon County Board of Education.
In accordance with 15A NCAC 02T .0 116, upon completion of construction and prior to operation of
this permitted facility, a certification (attached) shall be submitted from a licensed North Carolina
Professional Engineer certifying that the permitted facility has been installed in accordance with this
permit, Division approved plans and specifications, and other supporting documentation, including
the location of all monitoring wells as applicable. If this project is to be completed in ohases and
partially certified, the Permittee shall retain the reWonsibility to track further construction approved
under the same permit, and shall provide a final certificate of coanpletion once the „entire project has
been completed. Mail the Certification to the Division of Water Quality, Aquifer Protection Section,
1636 Mail Service Center, Raleigh, NC 27699-1636.
4, The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least 48 hours
in advance (excluding weekends and holidays) of operation of the installed facilities such that an in-
place inspection can be made. Notification to the Aquifer Protection Section's regional supervisor
shall be made from 8:00 a.m, until 5:00 p.m. on Monday through Friday, excluding State Holidays.
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
WQ0034616 Version 1.0 Shell Version 100209 Page 2 of 10
II. PERFORMANCE STANDARDS
1. 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 disposal 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.
3. Effluent limitations shall not exceed those specified in Attachment A.
4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in
Attachment B.
5. 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 111.4. and III.5. of this permit,
6. 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 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.
7. 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.
8. 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.
9. 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).
10. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Macon County Register of Deeds an easement running with the land containing the following items.
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance
boundary for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
WQ0034616 Version 1.0 Shell Version 100209 Page 3 of 10
11. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for irrigation sites shall be as follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership:
100
ii. Any habitable residence or place of public assembly owned by the Permittee:
15
iii. Any private or public water supply source:
100
iv. Surface waters:
100
v. Groundwater lowering ditches:
100
vi. Surface water diversions:
25
vii. Any well with exception of monitoring wells:
100
viii. Any property line:
50
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
15
x. Any water line from a disposal system:
10
xi. Subsurface groundwater lowering drainage systems:
100
xii. Any swimming pool:
100
xiii. Public right of way:
50
xiv. Nitrification field:
20
xv. Any building foundation or basement:
15
b. The setbacks for storage and treatment units shall be as follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Any private or public water supply source: 100
iii. Surface waters: 50
iv. Any well with exception of monitoring wells: 100
v. Any property line: 50
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all tinges. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507, 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 (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules.
3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation system. The
cover crop shall consist of grass (e.g., Fescue) until the proposed pine and hardwood forest is
established, All grass clippings shall be bagged or baled, and removed from the irrigation site within
one week of harvesting.
4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B.
WQ0034616 Version 1.0
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5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff.
6. All 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 the North Macon K-4 School shall be irrigated on the sites listed in Attachment B.
8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment
installation or while maintenance is being performed.
9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited.
10. 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.
11, Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited.
12. 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 average flow values
shall be reported on Form NDMR. Flow may be estimated from water use records, provided the
Permittee's water use is metered. Daily average flow values shall be calculated by dividing the
monthly metered water usage by the number of days in the month.
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 (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
WQ0034616 Version 1.0 Sbell Version 100209 Page 5 of 10
6. Three copies of all monitoring data (as specified in Conditions IV.3. and IV.4.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Condition N.5) on
Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the
follow=ing 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
Pursuant to § 143-215.1 C., the Permittee shall provide to its users and the Division of Water Quality
an annual report summarizing the performance of the wastewater treatment and irrigation facility and
the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules
related to the protection of water quality. This report shall be prepared on either a calendar or fiscal
year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two
copies of the annual report provided to the Permittee's users shall be submitted to:
Division of Water Quality
Aquifer Protection Section
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
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.
A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for
a period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Visual observations of the plant and plant site; and
b. 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
WQ0034616 Version 1.0 Shell Version 100209 Page 6 of 10
11. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828)
296-4500, 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.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
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) 6627956, (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
1. 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 facilities to
prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The,
Permittee shall maintain an inspection log that includes, at a minimum, the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request.
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.
WQ0034616 Version 1.0 Shell Version 100209 Page 7 of 10
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. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under the Division's General Permit NCG010000; 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.
5. In the event the permitted facilities change ownership or the Permittee 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 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 pursuant to 15A NCAC
02T.01050).
8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110.
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 30 day of April 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-�ae- &bleexot Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034616
WQ0034616 Version 1.0 Shell Version 100209 Page 8 of 10
Permit No, WQ0034616
Macon County
North Macon K-4 School
ENGINEERING CERTIFICATION
Wastewater Irrigation System
April 30, 2010
Macon County
❑ Partial ❑ Final
In accordance with 15A NCAC 02T .0 116, I,
as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's
authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility,
hereby state to the best of my abilities that due care and diligence was used in the observation of the
construction, such that the facility was built within substantial compliance and intent of this permit, the
Division approved plans and specifications, and other supporting documentation.
❑ Any variation to this permit, the Division approved plans and specifications, and other supporting
documentation has been documented in the attached as -built drawings, and shall serve as the
Permittee's minor modification request to amend the permit accordingly.
Provide a brief narrative description of any variations:
Professional Engineer's Name
..... . .........
Engineering Firm
Mailing Address
City
State Zip
Telephone E-mail NC PE Seal, Signature & Date
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
AQUIFER PROTECTION SECTION
LAND APPLICATION UNIT
B_ -U.S. Postal Service:
By Courier/Special Delivery:
1636 MAIL SERVICE CENTER 2728 CAPITAL BOULEVARD
RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 27604
WQ0034616 Version 1.0 Shell Version 100209 Page 9 of 10
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WQ0034616 Version 1.0 Shell Version 100209 Page 10 of 10
ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001— WWTP Effluent
Permit Number: WQ0034616 Version: 1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING
REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Monthly Geometric
Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
130D, 5 -Day (20 Deg. C) - 00310
Coliform. Fecal MF, M -FC Broth, 44.50--31616
30
mg/l
200
#/100 ml
4 x Year'
4 x Year"Z
Grafi
Grah
Flow. in Conduit or thru Treatment Plant — 50050
6,000
GPI)
Monthly
Estimate
Nitrogen, Ammonia Total (as N) - 00610
15
mg/l
4 x Year'
Grah
Nitrogen, Kjeldahl, "Total (as N) - 00625
4 x Year'
Grah
Nitrogen, Nitrate Total (as N) - 00620
4x Year
Grab
pi I — 00400
6
S.U.
9
SAL
Weekly
Grab
Plant Available Nitrogen — WQ09
4 x Year
Calculated
Solids, Total Suspended - 00530
30
mg/l
4 x Year
Grab
I, 4 x Year sampling shall be conducted in March, .lune, September and December.
2. Fecal Coliform sampling shall be a geometric meats.
W00034616 Version 1.0 Attachment A Page l of 2
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WQ0034k. Version 1.0 Attachment A ge 2 of 2
ATTACHMENT S - APPROVED LAND APPLICATION SITES AND LIMITATIONS
Macon County -- North Macon K-4 School
Perinit Number: WQ0034616 Version: 1.0
IRRIGATION AREA iNFORMATION
APPLICATION LIMITATIONS
Field
Lessee
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Hourly
Rate
Yearly
Max
I
Macon County
Macon
350 13' 34"
-830 24'50"
0.21
Braddock
01284 — Application Surface Irrigation
0.16
26.07
inches
2
Macon County
Macon
35° 13'34"
-830 24' 50"
0.21
Braddock
01284 — Application Surface Irrigation
0.16
26.07
inches
3
Macon Count),
Macon
350 13'35"
-830 24' 51"
021
Braddock
01284 — Application Surface Irrigation
0.16
26.07
inches
4
Macon County
Macon
W)3'33"
-83'24'53"
0.21
Braddock
01284 — Application Surface Irrigation
0.16
26.07
inches
5
Macon County
Macon
350 13'33"
-830 24' 53"
0.21
Braddock
01284 — Application Surface Irrigation
0.16
26.07
inches
6
Macon County
Macon
35" 1.3'34"
-830 24' 53"
0.21
Braddock
01284 — Application Surface Irrigation
0.16
26.07
inches
7
Macon County
Macon
35" 13'33"
-83'24'50"
0.21
Braddock
01284 — Application Surface Irrigation
0.16
26.07
inches
8
Macon Countv
Macon
350 13'34"
-83" 24'56"
0.21
1.65
Braddock
01284 — Application Surface Irrigation
0.16
26.07
inches
'rotals
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1166 Iotla Church Road, Franklin, NC 28734
Macon County
Latitude: 35° 13'34"
North Macon K-4 School
Longitude: -83° 24'53"
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WQ0034616 1166 Iotla Church Road, Franklin, XC 28734
Macon County Latitude: 35' 13'34"
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STATE OF NORTH CAROLE'4A
COUNTY OF MACON INTERLOCAL AGREEMENT
THIS AGREEMENT, made this day of. Z?'~ ' Z, 2010, by and between the
COUNTY OF MACON, a body politic and corporate of the State of North Carolina (hereinafter
sometimes referred to as the "County') and the 14��AuON COUNTY BOARD OF EDUCATION, a
school administrative unit of North Carolina. (hereinafter sometimes referred to as the `Board of
Education" or "Board"):
WITNESSETH:
VIFMREAS. General Statutes Section 160A-460 et sea. authorizes interlocal cooperation
beuveen units of local government in theioint exercise of pourers as provided therein.:
WHEREAS, pursuant to Section. 160A-20 of the General Statutes of North Carolina, as
amended, the County may finance the acquisition of property and the construction of fixtures or
.aprovements on real property by contracts that create in the fires or improvements, or in all or
some portion of the property upon which the fixtures or improvements are located, or in both, a
security interest to secure repayment of the moneys advanced ore available for construction;
WHEREAS, the Macon County Board of Education does hereby specifically request that
Lacon County, NC, acquire from it the real. property described in the Deed dated July 12, 1951 from
C.M. Douthit et al. to Macon County Board of Education, recorded in the Office of the Register of
Deeds for Macon County, North Carolina, in Deed Book F-6, at Page 465 (less and except the real
property described in the Deed dated July 13, 1951 from the Macon County Board of Education to
Warren. G. Owenby et ux, recorded in the 4ffi.ce of the Register of Deeds for Macon County, North
Carolina, in Deed Book S-6, at Page 545), and also that real property described in the Deed dated
November 5, 1997 from James Edward Morgan and wife Roberta Morgan to Macon County Board
of Education, recorded in the Office of the Register of Deeds for Macon County, North Carolina, in
Deed Book V-15, at Page 193, in accordance with the terms and conditions set forth herein and with
the intention that School facilities will be constructed thereon ( hereinafter the "Nantahala Proi ect'
for use by the Macon County Board of Education;
WHEREAS, the Macon County Board. of Education does hereby specifically request that
Macau County, NC, acquire from it the real property des, Ded in the Deed recorded April 11, 1904
from W.A. Ramsey et ux, et al. to Macon County Board of Education, recorded in the Office of the
Register of Deeds for Macon. County, North Carolina, in Deed Book QQ, at Page 511, and also that
real property described in the Deed dated November 5, 1987 from Macon County to Macon County
Board of Education, recorded in the Office of the Register of Deeds for Macon County, North
Carolina, in Deed Book 0-17, at Page 413, in accordance with the terms and conditions set forth
herein and with the intention that school facilities will be constructed thereon (hereina� the "New
K4 School Protect") for use by the Mar -or C`.n-tunty Rnasd of Frim
RECEIVED f DENR I DWQ
QUIpr�:'pRc�r� SFCTnN
APP 21 2NO
W1REAS, pursuant to Section 153A-158.1 of the North Carolina General Statutes and
1993 North Carolina Session Laws Chapter 611, the Board of Education shall convey to the County
by general warranty deed all of that certain tract or parcel of land 'known as Nantahala School,
described above with the intention that school facilities will be constructed thereon (hereinafter the
"Nantahala Project');
WHEREAS pursuant to Section 153A-158.1 oftheNorth Carolina General Statutes and 1993
North Carolina Session Laws Chapter 611, the Board of Education shall also convey by general
warranty deed all of that certain tract or parcel of land known as Iotla Elementary School, described
above, with the intention that school facilities will be constructed thereon (hereinafter the "New K-4
School Project');
WHEREAS, the County will attempt to arrange to finance the Nantahala School Proj ect and
the few K-4 School Project Cnereinafter coiiiectively "The School Projects") pursuant to an
Ist llment Financing Contracts, (the Installment Financing Contracts"), between the County and
Lenders of its choosing (the "Lenders") and upon terms that it deems to be satisfactory to itself
within its sole discretion, pursuant to which the Lenders will advance to the County amounts
sufficient to pay the costs of acquisition, construction and equipping ofthe School Projects and other
components of the Project (as defined in the Installment Finatncing rents), and the Couatywill
agree to repay the advance, with interest, in Installments (the "Installment Payments');
WHEREAS, the County's obligations under the Installment Financing Agreements, including
the making of the Installment Payments thereunder, will be secured by Deeds of Trust granting alien
on property including the Real Properties and all buildings, improvements and fixtures located
thereon, all as more fully described in the Deeds of Trust;
WHEREAS, Section 160A-274 of the North Carolina General Statutes authorizes units of
local government to sell, lease, exchange, or jointly use governmental real property upon such terms
and conditions as such units deem wise;
'WHEREAS, the County is entitled to a refund from the State ofNorth Carolina pursuant to
N.C.G.S.1 05-164.14 and other applicable laws for sales taxes paid to the State for tangible personal
property directly purchased by the County and indirectly incurred for building materials, supplies,
fixtures, and equipment that become a part of a building or structure owned by the County, that is
being erected, altered ore repaired for use by the County on behalf of the Board of Education;
WHEREAS, the County shall hold fee simple title to the real property sites described as set
forth hereinabove; and
WHEREAS, the County desires for the Board of Education to oversee The School Projects
and the Board of Education is willing to undertake such obligation;
NOW '111EREFORE, the parties hereto agree as follows:
I. The Board of Education agrees:
A. The Board of Education shall convey to the County by general warranty deed all of
that certain tract or parcel of land Down as Nantahala School, described above, with
the intention that school facilities: will be constructed thereon (hereinafter the
"Nantahala Project"
B. The Board of Education shall also convey by general warranty deed all ofthat certain
tract or parcel of land known as lotla Elementary School, described above, with the
intention that school facilities will be constructed thereon (hereinafter the "New K-4
School projeef
C. To recommend for execution by the County contracts for the construction and
contract administration of proposed school buildings or additions to school buildings on the property
to be transferred to the County or to be acquired by the County pursuant to N.C.G.S. 153A-1581 as
set forth hereinabove, and to recommend the acquisition of necessary personal property associated
with and to be used in connection with the proposed school construction or improvements as
required by law. The Board of Education shall act as the authorized representative of the County in
connection with such contracts pursuant to and within the limits of the Agreement and shall assign
any contracts to the County, as necessary.
D. To retain sole responsibility for decisions relating to the design of school facilities or
additions, including school facilities or additions to school .facilities within the scope of this
Agreement_
E. To supervise the contracts for the design and for the construction of proposed school
buildings oT additions to school buildings on The School Projects sites (hereinafter "Supervisory
Powers") previously transferred to the County or acquired by the County in furtherance of the
construction of schools pursuant to this Agreement.
F. To use its best efforts to cause the construction and equipping of The School Projects-
in
rojectsin accordance with the plans and specifications therefore to be completed in an expeditious manner
and in accordance with the Installment Financing Agreement and related financing documents and
any applicable requirements of governmental authorities and law.
G . To assign unto the County the architectural design, plans and specifications that it has
caused to be prepared for The School Projects and which were exclusively requested by and
developed exclusively for the Board of Education and which have been approved by the Board of
Education and which are the most recently approved versions of the said designs, plans and
specifications developed forthe School Projects by Bowers, EIlis & Watson, Architects, P.A. Board
of Education shall take such action as is necessary for the Architectural Firm which prepared the
same to consent to or j oin in the assignments so that the County may lawfully use such design, plans
and specification
ff. The County agrees:
A. To hold The School Projects sites upon the terms and conditions set forth herein until
ownership is transferred to the Board of Education upon the terms and conditions set forth herein.
B. To appoint the Board of Education as its representative for the purpose ofproposing
and supervising ihe contracts for the design and construction of proposea school buildings or
additions to school buildings (hereinafter "Supervisory Power'} on the property to be owned by the
County so as to assure that the same are constructed in accordance with the design, plans and
specifications that it has caused to be prepared for The School Projects, as the same are described in
Section. LG. hereinabove, and which were exclusively requested by and developed exclusively for the
Board of Education and which have been approved by the Board of Education.
C. To enter into contracts for the erection, construction, and development of school
buildings, additions, or renovations to school buildings consistent with the terms and conditions of
this Agreement, and to assume responsibility for approving change orders to such contracts upon the
terms and conditions set forth herein in accordance with said design, plans and specifications that the
Board of Education has caused to be prepared for The School Projects, as the same are described in
Section I.G. hereinabove, and which were exclusively requested by and developed exclusively for the
Board of Education and which have been approved by the Board of Education.
D. To assume responsibility for any litigation arising from these school projects.
E. To appoint the county manager as its representative for the purpose of approving
change orders deemed necessary and proper under the construction contracts forThe School Projects
which are within the scope ofthe Project, within the budgeted contractamownt, and notin excess of
$10,000. For purposes of this Paragraph, change orders shall not be divided for purposes of avoiding
the application ofthis dollar threshold_ Change Orders in excess of $10,000 shall be approved by the
Board of Commissioners.
F. To submit refund claims to the State of -North Carolina under N.C.G.S. 105-164-14
and other auplicable laws for sales taxes paid to the Stato by the County for the. rnnctnic~tinn nfthr.
connection witb the proposed school improvements, as considered and approved by the County
under Paragraph I. A of this Agreement.
G. To reserve the sales tax refunds received for school cons action and equipment
purchases.
H_ To convey to the Board of Education each.property transferred to the County or
acquired by the County pursuant to this Agreement promptly following satisfactioD of debt service
by the County. y
IP. Boffi parties agree:
A. This Agreement shall be limited to school construction or renovation projects
financed by installment purchase contracts pursuant to NC Gen. Stat. Sec. 160A-20, as referenced
hereinabove.
B. The County Manager and the School Superintendent are authorized to administer this
Agreement on behalf of the County and the Board of Education, respectively, as necessary.
C. All contracts for the erection, construction, and development of school buildings,
additions, or renovations to school buildings entered into pursuant to this Agreement shall be
executed by and between the County and the persons or entities providing goods or services
therefore. -
D. The County is authorized to and shalt make payments for the erection, construction,
and development of school buildings, additions, or renovations to school buildings entered into
pursuant to this Agreement. In addition to the provisions of Paragraph R of this Agreement, any
change orders requested in excess of the budgeted amount encumbered for each project shall be
considered for approval by the Board of County Commissioners, or otherwise considered for
approval in the manner in which the County usually conducts business.
E. All personal property placed or moved into the property subj ect hereto shall be at the
risk of the Board of Education, and the County shall not be liable to the Board for any, damages to
said personal property- In no case shall either party seek indemnification from the other with respect
to any claim that arises from its own negligence.
F. Personnel of the County and the Board are to execute the undertaking of this
Agreement within funds made available by the County and the Board of Education for this purpose.
G. In consideration of the grant of Supervisory Power by the County to the Board of
Education nursuant to Paragraph_ 1T nft�lls gmemPnt th- {�l�t—ft,-3-4 r�.� Tlv".'L vfi,.,u�sauvL� L! chi
agree as follows in connection with the construction and equipping of The School Projects by the
Board of Education:
I. The parties to this agreement shall comply with the provisions rrf -l-av,
including all applicable laws relating to the procurement of construction and equipment through
competitive bidding_ The County shall obtain all orders, permits or similar governmental q) m ds
necessary for the construction and operation of the Nantahala Project and the New K-4 School
Project as a K-12 school facility and as a K-4 elementary school facility, respectively. The County
shall cause the construction and equipping of The School Projects to proceed expeditiously in
accordance with the plans and specifications therefore, all applicable ordinances and statutes, and in
accordance with the requirements of all regularly constituted authorities having jurisdiction over
same.
2. The County shall cause The School Projects to be located entirely on real
property subject to lien of the applicable Deed of Trust and will ensure that (a) The School Projects
does not encroach upon nor overhang any easement nor right of way, and (b) The School Projects,
when erected will be wholly within the building restriction lines, however established, and will not
violate applicable use or other restrictions contained in prior conveyances or applicable protective
covenants or restrictions.
3. The County, the Lender and their respective representatives and agents shall
have the right to enter upon and inspect The School Projects from time to time, during and after
construction, and the Board of Education agrees to cause any contractor or subcontractor to
cooperate with the County, the bender and their respective representatives and agents during such
inspections.
4. The Board of Education shall use its best efforts to cause the construction and
equipping of The School Projects to be completed within The School Projects schedule. In the event
that (a) the amount of funds advanced under the Installment Financing Agreement, plus other fiords
made available by the County, if any, are not sufficient to complete The School Projects, and (b) the
County chooses to cause the Board of Education to revise the plans and specifications for The School
Projects to the end that an alternative project having a cost not in excess of the funds advanced under
the Installment Financing Agreement will be completed, then the Beard ofEducation agrews to revise
the pians and specifications for The School Projects to the end that such alternative project having a
cost not in excess of such available funds will be com Dleted.
5. The County hereby recognizes that the Board of Education shall have the right
to make any changes in the description of The School Projects or of any component or components
thereof subject to the prior written consent of the County and the Lender as allowed under the
Installment Financing Agreement; provided, however, that any such change shall not alter the
purpose of The School Prn3PC'tc or itc }�t�rinPtPrl rr,4+r- .� C""tS.
6. The Board of Education hereby agrees that it will, upon the request ofthe
County Manager, provide to the County Manager or his designee timely notice of all conferences
with representatives of the architects, contractors and venders with respect to the construction and
equipping of The School Projects and that the County Manager or his designee shall have the right to
attend all such conferences.
7. The parties agree that the total project budget cost for the School Projects is $15.8
million, of which $14 million shall be allocated to the New K-4 project, and $1.8 million shall be
allocated to the Nantahala School Project. In the event that financing for such amounts is not
available to be borrowed or, in the sole opinion of the County, not offered upon terms that are
advantageous and/or desirable, either or both of the School Projects may be abandoned withoart legal
consequence to the County. If funding for either project is not, in the opinion of the County,
available or advantageous and/or desirable, that projectmay be abandoned and the other project may
continue pursuant to this agreement. in the event that either or both of the School Projects is
r�, :uµwu4: ,due Cr; ty shall rewnvey the property or properties ihm had been intended for that (or
those) projects to the Board of Education.
H. The Board of Education, for one dollar ($1.00) and other good and valuable
consideration in hand received does hereby accept the foregoing appointment of Supervisory
Power over the construction and equipping of The School Projects as described in this
Agreement and does hereby accept the foregoing delegation of duties as described in this
Agreement.
1. The Board of Education in carrying out its duties under this Agreement is acting as an
independent contractor and is not an agent of the County in connection with this Agreement or in
connection with any other agreement between the Board of Education and the County, express or
il-nplied_
7. The County makes no express or implied warranty or representation of any kind
whatsoever with respect to the School Projects or any component part thereof to the Board of
Education or any other circumstance whatsoever with respect thereto, including, but not limited to,
any warranty or representation with respect to the merchantability or the fitness or suitability thereof
for any purpose, the design or condition there; the safety, workmanship, quality or capacity thereof;
compliance thereof with the requirements of any law, rule, specification or agreement pertaining
thereto; any latent defect; the ability thereof to perform any function; that the funds advanced by the
Lender pursuant to the lnstalhnent Financing Contract will be sufficient (together with other
available funds of the County and the Board ofEducation) to pay the costs of the School Projects; or
any other characteristic of the School Projects; it beLng agreed that all risks relating to the School
Projects; it being agreed that all risks relating to the School Projects, the completion thereof or the
transactions contemplated hereby or by the Installment Financing Contract are to he hnrnP I,y the
Board of Education, and the benefits of any and aU implied warranties and representations of the
County are hereby waived by the Board of Education.
K_ This Agreement shall terminate when the County has conveyed fee simple title to all
properties identified hereinabove to the Board of Education.
L. Notwithstanding anything to the contrary contained herein, the provisions of
Paragraphs M. I shall survive the termination of this Agreement.
M. The County and the Board of Education may, from time to time, with the written
consent of the Lender, execute and deliver such amendments to this Agreement and such further
instmmerts as may be required or desired for carrying out the expressed intention ofthis ys A �eerne n;.
N. The -Couir�T and the Board of Education shall eater into a lease for each school site
whereby the County shall lease unto the Board of Education the school sites referenced hereinabove;
tl�e Iemi of each lease shah be for the remaining period of installment payments left on the
Installment Financing Agreements concerning such real property. The rental for each year of each
Lease shall be One Dollar ($1 _da).
IN WITNESS WHEREOF, the County and the Board ofEducation have caused this contract
to be e)=uted in duplicate originals all as of the date and year first above written.
COUNTY MACON
Name
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ATTEST:
MACON COUNTY BOARD OF EDUCATION
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