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HomeMy WebLinkAboutWQ0034881_Final Permit_20100924RJA CDEN North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor J. WRIGHT HOLMAN, III -- MEMBER CYPRESS COEX, LLC 7036 WRIGHTSVILLE AVENUE, SUITE 101 WILMINGTON, NORTH CAROLINA 28403 Dear Mr. Holman: Division of Water Quality Coleen H. Sullins Director September 24, 2010 Dee Freeman Secretary Subject: Permit No. WQ0034881 Cypress Station Wastewater Irrigation System Pender County In accordance with your permit application request received July 28, 2010, and subsequent additional information received August 25, 2010 and September 15, 2010, we are forwarding herewith Permit No. WQ0034881 dated September 24, 2010, to Cypress Coex, LLC for the construction and operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance until December 31, 2016, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B and C. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following condition for it is specific to your permit: ➢ Condition 1.1. — This condition requires that the Permittee remove all existing construction debris from the drip irrigation area prior to operation of the subject facility. In addition, the Permittee shall also have a licensed Soil Scientist inspect and verify that an existing roadbed in the northwest corner of the proposed drip irrigation field has been adequately rehabilitated, and that the irrigation area's ability to operate at the designed loading rate has not been compromised. The results of this evaluation shall be submitted to the Division of Water Quality. AQUIFER, PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919.733-3221 L FAX 1: 919-715-0588; FAX 2: 919-715-60481 Customer Service: 1-877-623-5748 Internet: www-nmaterguall An Equal Opportunity ! Affirmative Action Employer One Norf Caraiina Nall Mr. J. Wright Holman, III September 24, 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 hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Nathaniel Thornburg at (919) 715-6160 or nathaniel.thornburg(a?ncdenr.2ov. Sincerely, Coleen H. Sullins cc: Pender County Health Department Wilmington Regional Office, Aquifer Protection Section James W. Holland, PE — JW Holland Engineering, PLLC Technical Assistance and Certification Unit Permit File WQ0034881 Notebook File WQ0034881 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 Cypress Coex, LLC Pender County FOR THE construction and operation of a 6,500 gallon per day (GPD) wastewater treatment and irrigation facility Consisting of: two 1,500 gallon grease traps (not part of this permitted facility and owned and operated by a separate entity); a wastewater collection and conveyance system (to be permitted separately); a 9,325 gallon baffled settling tank with an influent screen and an effluent filter, a 9,325 gallon baffled flow equalization tank with two 13.75 gallon per minute (GPM) transfer pumps; a 6,284 gallon baffled Bio-Microbics Lixor 4.0 pre -aeration tank with an effluent filter and served by a 60-150 cubic feet per minute (CFM) blower; a splitter valve box; two 5,596 gallon Bio-Microbics HighStrengthFAST 4.5 treatment tanks in parallel served by two 180-280 CFM blowers that are pneumatically connected to the pre -aeration tank blower to provide required aeration redundancy; a dual pipe tablet chlorinator; two interconnected storage/field dosing tanks with a cumulative volume of 18,554 gallons, two 29 GPM field dosing pumps and audible/visual high water alarms; an effluent flow meter; a 50 kilowatt (kW) auxiliary standby generator; a 1.31 acre drip irrigation field with four irrigation zones each with approximately 7,140 linear feet of tubing and 3,570 emitters; and a precipitation/soil moisture sensor; to serve Cypress Station, with no discharge of wastes to surface waters, pursuant to the application received July 28, 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, 2016, and shall be subject to the following specified conditions and limitations: WQ0034881 Version 1.0 Shell Version 100804 Page 1 of 12 I. SCHEDULES 1. Prior to operation of the subject facilities, all building materials (i.e. concrete, brick, concrete blocks) shall be removed from the drip irrigation area, and the unpaved roadbed crossing the northwest portion of the drip irrigation field shall be rehabilitated such that it is capable of accepting wastewater effluent at the designed loading rate. A follow-up soil scientist evaluation shall be completed to verify that the roadbed has been adequately rehabilitated. if any fill is placed in the irrigation area as part of the roadbed rehabilitation, and if any grading is performed as part of the irrigation area construction, the soil scientist evaluation shall certify that these activities will not affect the irrigation area's ability to operate at the designed loading rate. The results of this evaluation shall be signed, sealed and submitted to: Division of Water Quality Aquifer Protection Section Attn: Nathaniel Thornburg 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Division of Water Quality Aquifer Protection Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 In accordance with 15A NCAC 02T .0116, 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 phases and partially certified, the Permittee shall retain the responsibility to track further construction =roved under the same permit, and shall provide a final certificate of completion_ 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. 3. 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 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. The Wilmington Regional Office, telephone number (910) 796-7215, shall approve monitoring wells MW-I, MW-2, MW-3 and MW4 prior to installation, and the monitoring wells shall be installed prior to beginning waste disposal operations. The regional office shall be notified at least 48 hours prior to the construction of any monitoring well, and such 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. The monitoring wells shall be constructed such that the water level in the well is never above or below the screened (open.) portion of the well at any time during the year, and in accordance with 15A NCAC 02C .0108. The general location and name for each monitoring well is marked on Figure 1. WQ0034881 Version 1.0 Shell Version 100804 Page 2 of 12 5. Within 60 days of completion of the monitoring wells, the Permittee shall submit two original copies of a site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be granted upon prior approval for large properties. At a minimum, the map shall include the following information: a. The location and identity of each monitoring well. b. The location of major components of the waste disposal system. c. The location of property boundaries within 500 feet of the disposal areas. d. The latitude and longitude of the established horizontal control monument. e. The elevation of the top of the well casing (i.e., 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 compliance and review 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 taking place on the property. The map and any supporting documentation shall be sent to the Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. 6. 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. 7. In accordance with 15A NCAC 02H .0404(e), if the subject wastewater treatment or disposal facilities are in noncompliance with the terms and conditions of this permit, governing statutes or regulations, the subject facilities shall be connected to an operational publicly owned wastewater collection system within 180 days of its availability. Prior to the initiation of these connection activities, appropriate Division approval shall be received. 1 L 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. 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. All wells 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 jurisdictional 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. WQ0034981 Version 1.0 Shell Version 100804 Page 3 of 12 6. The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittec 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. 7. 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. S. A usable green area shall be maintained for effluent disposal. The green area shall have the capability of accommodating the facility's average daily flow without exceeding the green area Loading rates. As defined in 15A NCAC 02H .0404(g)(7), a "green area" 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. 9. 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. 10. 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. IL 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. 12. 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). 13. 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 Pender 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. WQ0034881 Version 1.0 Shell Version 100804 Page 4 of 12 14. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted after September 1, 2006 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 xvi. Impounded public water supplies: 500 xvii. Public shallow groundwater supply: 500 b. The setbacks for storage and treatment units permitted after September 1, 2006 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: ii. Any private or public water supply source: iii. Surface waters: iv. Any well with exception of monitoring wells: v. Any property line: 100 100 50 100 50 WQ0034881 Version 1.0 Shell Version 100804 Page 5 of 12 1 110)a017�f0[IRFAZ`It]►5/_A lobY3a1'�►` o�:�x11111: 1,75150IT.� 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 .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 of Coastal Bermuda with a winter overseed of Rescuegrass 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. 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. 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 Cypress shall be irrigated on the sites listed in Attachment B. 8. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. 9. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. 10. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. 11. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. 12. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 13. 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. WQ0034881 Version 1.0 Shetl Version 100804 Page 6 of 12 IV. MONITORING AND REPORTING REOLIIREMENTS I. 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. 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. 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 IV.5) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 front a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. WQ0034881 Version 1.0 Shell Version 100804 Page 7 of 12 8. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Date and results of power interruption testing on alternate power supply; b. Date of calibration of flow measurement device; c. Visual observations of the plant and plant site; and d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). 9. Monitoring wells shall be sampled after construction and within 3 months prior to initiating non - discharge disposal operations. Monitoring wells shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All_pwping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. 10. For initial sampling of monitoring wells, the Permittee shall submit a Compliance Monitoring Form (GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the appropriate monitoring well identification number. initial Compliance Monitoring Forms (GW-59) without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be returned to the Permittee without being processed. 11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW- 59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. 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 (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 WQ0034881 Version 1.0 Shell Version 100904 Page 8 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 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) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter forth 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 The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and disposal facilities. 2. The Permittee or their designee shall inspect the wastewater treatment and disposal 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 disposal 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 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. '. 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. WQ0034881 Version 1.0 Shell Version 100804 Page 9 of 12 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 1$A 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 20 day of September 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Z- 4� " r een ullins, Director DivisiI of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034881 WQ0034881 Version 1.0 Shell Version 100804 Page 10 of 12 Permit No. WQ0034881 Cypress Coex, LLC Cypress Station ENGINEERING CERTWICATION ❑ Partial ❑ Final Wastewater irrigation System September 24, 2010 Pender County In accordance with 15A NCAC 02T .0116, 1, , 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: 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 By U.S. Postal Service: 1636 MAIL SERVICE CENTER By Courier/Special Delivery: 2728 CAPITAL BOULEVARD RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 27604 WQ0034881 Version 1.0 Shell Version 100804 Page 11 of 12 THIS PAGE BLANK WQ0034881 Version 1.0 Shell Version 100804 Page 12 of 12 ATTACHMENT A - LEWfATIONS AND MONITORING REQUIREMENTS PPI 001— Cypress Station WWTP Effluent Permit Number: WQ0034881 Version: 1.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS Parameter Description _ PCS Code Monthly Average Mean Monthly Geometric Daily Minimum Daily Maximum Measurement Frequency Sample Type BOD, 5-nay (20 Deg_ C) — C0310 30 mg/l 4 x Year Grab Chloride (as Cl) — 00940 3 x Year 2 Grab Chlorine, Total Residual — 50060 Weekly Grab Coliform, Fecal MF, M-FC Broth, 44.5C-31616 200 #/100 ml 4 x Year'} Grab Flow, in Conduit or thru Treatment Plant — 50050 6,500 GPI? Monthly Estimate Nitrogen, Ammonia Total (as N) — C0610 15 mg/l 4 x Year' Grab Nitrogen, Kjeldahl Total (as N) — 00625 4 x Year Grab Nitrogen, Nitrate Total (as N) — 00620 4 x Year Grab pH — 00400 6 S.u. 9 s.u. Weekly Grab Solids, Total Dissolved — 180 Deg C — 70300 3 x Year 2 Grab Solids, Total Suspended — C0530 30 mg/l 4 x Year [ Grab 1. 4 x Year sampling shall be conducted during March, June, September and December. 2. 3 x Year sampling shall be conducted during March. July and November. 3. Monthly average for Fecal Coli form shall be a geometric mean. WQ003488 i Version 1.0 Attachment A Page l of THIS PAGE BLANK WQ0034L Jerson 1.0 Attachment A ;e 2 of 2 )r ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ00348811 Version: 1.0 Cypress Coex, LLC — Cypress Station IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly hate Yearly Max Units I Cypress Coex, LLC Pender 340 22' 13.01" -77' 42' 4 L69" 0.33 Alpin (AnB) 01284 — Non -Discharge Application Rate 0.53 66.63 Inches 2 Cypress Coex, LLC Pender 340 22' 1 I.40" -770 42' 40.02" 033 Alpin (AnB) 01284 — Non -Discharge Application Rate 0.53 66.63 Inches 3 Cypress Coex, LLC Pender 34' 22' 12.64" -77' 42' 42.34" 0.33 Alpin (AnB) 01284 — Non -Discharge Application Rate 0.53 66.63 Inches 4 Cypress Coex, LLC Pender W 22' 10.98" 1 -77° 42' 40.71" 0.33 Alpin (AnB) 01284 -- Non -Discharge Application Rate 0.53 66.63 Inches Totals 1.31 WQ0034881 Version 1.0 Attachment B Page I oft THIS PAGE .BLANK WQ0034L Version 1.0 Attachment B `'age 2 of 2 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring wells: MW-1, MW-2, MW-3 and MW-4 Permit Number: WQ0034881 Version: 1.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS Parameter Description - Parameter Code Daily Maximum Frequency Measurement Sample Type Footnotes Carbon, Tot Organic (TOC) — 00680 mg/I 3 x Year Grab 1,6 Chloride (as CI)-00940 250 mg/1 3 x Year Grab I Col iform, Fecal MF-31616 #/IOOml 3 x Year Grab N itrogen, Ammonia Total (as N) — 00610 mg/l 3 x Year Grab I Nitrogen, Nitrate Total (as N) — 00620 to mg/1 3 x Year Grab I p1-1— 00400 6.5-8.5 s.u. 3 x Year Grab 1,2 Solids, Total Dissolved- 180 Deg C — 70300 500 mg/I 3 x Year Grab 1 Volatile Organic Compounds (GUMS)-78732_ mg/I Annual Grab 1, 4, 5 Water level, distance from measuring point — 82546 ft 3 x Year Calculated L 2,3 1. 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 shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum- 4- Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 Irg/L or less b. Standard Method 621 OD, PQL at 0.5 µg/L or less c. EPA Method 802I. Low Concentration, PQL at 0.5 pg/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 VilI of Standard Method 6230D. c. The method used must provide a PQL of 0.5 pg/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 0.51rg/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) 796-72I5. must be contacted immediately for further instructions regarding any additional follow-up analyses required_ 6. If TOC concentrations greater than 10 mg/1 are detected in any dowtigradien( 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 doi%mgradient wells shall he subject to the additional sampling and analysis as described above. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure I and this attachment_ WQ003488 l Version 1.0 Attachment C Page 1 of I ` ; =�YPresSvStatton`W'04TP � � •' �� E � `,� yam•: lk t _ y Hamst�aci In.a�e �f'� Gcosogical5uivey 4� � 4sic �irrbagary aato Sep3Q, 2067 lat 34 ?�g5d9° 'lon 'ar.7D�31? cie�v 49It Eye aft 1993 it Flue] — Directional Ma WQ0 34881 71 Pans Lane, Hampstead, \C 28443 Cypress Cox £EC Latitude. 34.370092 Cypress Station Longitude: -77.7110 6 Q 20 m mRf . 4 ¥ . . , �+ 1 00 . \ oHampstead s \r . , J f ^�# mapques. ■m N¥%mzt m_se S NA Q,Int _map. �"• � �aT... Y y " '5— v f r- r r! Ja Y S1 �� �• 7 .r Y� �� f 1y ^5. �'.., .i �+'_V1 � �'�Y;_ 4 �r'� � a/�y7� will- Y � , w� - ��".sr � ��- it (I Y � fF �•+ -,� e - � • �Y GK' � jam• � '�'4f� - a� y� 1 �, � �° " � c ��Sr� ''�' 1. , � � n i' — .� Jam � {y�.��-',4 `'— ••� � ` • l)FLOR MF STATE OF NORTH CAROLINA COUNTY OF Pender Permit No. WQ0034881 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this a Li ' day of ac>IQ by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Cypress Coex, LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: I. The DEVELOPER is the owner of the certain lands lying in Pender County County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Cypress Station (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Unit Owners' Association) (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 06-07 Page I of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs I, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of anv 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 Cypress Coex, LL MANA MENT COMMISSION Name of DEVELOPER By:' j�'ColqKH. Ss, Director (Si tur Di ision ater Quality J. Wright Holman III, Member Print N e and Titl� (Date) (Date) FORM: DEV 06-07 Page 2 of 2