Loading...
HomeMy WebLinkAboutWQ0037555_Final Permit_20170718Water Resources ENVIRONMENTAL QUALITY July 18, 2017 S. C. "RUSTY" CULBRETH — CEO TRILLIUM LINKS & VILLAGE, LLC 1 TRILLIUM CENTER CASHIERS, NORTH CAROLINA 28717 Dear Mr. Culbreth: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Permit No. WQ0037555 Trillium Links & Village WWTP High -Rate Infiltration System Jackson County In accordance with your permit major modification request received September 8, 2016, and subsequent additional information received December 29, 2016, May 2, 2017, and June 12, 2017, we are forwarding herewith Permit No. W00037555 dated July 18, 2017, to Trillium Links & Village, LLC for the construction and operation of the subject wastewater treatment and high -rate infiltration facilities. The modifications to the subject permit are as follows: Design for Basin C. This permit shall be effective from the date of issuance until May 31, 2021, shall void Permit No. W00037555 issued June 23, 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 for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated June 23,2016: ➢ Old Condition I.1. —This modification meets the requirements of this schedule. ➢ Old Condition I.2. — This condition has been removed because Basins A, B, and D have been stricken from the permit at the request of the Applicant's consultant. ➢ Old Condition IV.5.e. —This condition is not applicable and has been removed. Please note the following permit conditions are new since the last permit issuance dated June 23,2016: ➢ Condition I.4. — This condition requires the Permittee install MW -1, MW -2, and MW -4 prior to operation of Basin C. ➢ Condition III.2. — The Permittee shall conduct annual slope stability surveys, which must be recorded and kept for 5 years. -'" NothirlgCompares'"-, State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. S.C. Culbreth July 18, 2017 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 is being forwarded to you. If you need additional information concerning this permit, please contact Tessa Monday at (919) 807-6302 or tessa.mondayna ncdenr.gov. Sincerely, S. Jay Zimmerman, P.G., Director Division of Water Resources cc: Jackson County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Robert G. Burgin, Jr., PE — Burgin Engineering, Inc. (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files a NORTH CAROLINA ENVIRONMENTAL MANAGEMENT DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH HIGH -RATE INFILTRATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Trillium Links & Village, LLC Jackson County FOR THE operation of a 17,533 gallon per day (GPD) wastewater treatment and high -rate infiltration facility consisting of the: construction and operation of a 104,000 GPD wastewater treatment facility consisting of. an influent flow meter; an influent fine screen; 7,516 gallon and 21,335 gallon flow equalization basins with two 83 gallon per minute (GPM) pumps; two 6,670 gallon anoxic basins with two 1.75 horsepower (hp) mixers; two 6,449 gallon aerobic (i.e., oxic) basins with two 460 GPM internal recycle pumps and served by three 205 cubic feet per minute (CFM) blowers; two 5,628 gallon anoxic basins with two 1.75 hp mixers and two 515 GPM sludge return pumps; a 10,588 gallon membrane bioreactor (MBR) (in two connected sections) tank with 12 membranes (eight during phase I and four additional during Phase 11) served by two 71 GPM permeate pumps; a 10,588 gallon aerobic digester with two 1 GPM sludge permeate pumps and served by a 135 CFM blower (that also serves the flow equalization basins); an ultraviolet (UV) disinfection system with two banks and five lamps per bank; a membrane clean -in-place (CIP) system; an effluent sampling station; a turbidimeter; an effluent flow meter; and all associated piping, valves, controls, and appurtenances; and the construction and operation a 17,533 GPD high -rate infiltration facility consisting of: a 0.31 acre high -rate infiltration basin (i.e., Basin C); and all associated piping, valves, controls, and appurtenances to serve the Trillium Links & Village WWTP, with no discharge of wastes to surface waters, pursuant to the application received September 8, 2016, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 2021, shall void Permit No. WQ0037555 issued June 23, 2016, and shall be subject to the following specified conditions and limitations: W00037555 Version 1.1 Shell Version 151201 Page 1 of 11 1. I 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 approved under the same permit and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Division of Water Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0116(a)] 2. 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 regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(2)] The Asheville Regional Office, telephone number (828) 296-4500, shall approve monitoring wells MW -1, MW -2, and MW -4 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 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. [15A NCAC 02C .0 108, 02T .0108(b)(2)] 4. 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 Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0108(b)(2)] 5. 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.0 I 05(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T.01 05(d), 02T.0 106, 02T.0 109, 02T.01 15(c)] WQ0037555 Version 1.1 Shell Version 151201 Page 2 of 11 H. PERFORMANCE STANDARDS 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 infiltration 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 infiltration facilities. [G.S. 143-215.1, 143-213.3(a)] 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. [15A NCAC 02B .0200, 02L .0100] 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. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1), 02T .0705(b)] 5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m)] 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 Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115] 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. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 8. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .0108] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 10. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] W00037555 Version 1.1 Shell Version 151201 Page 3 of 11 11. 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 Jackson 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. [15A NCAC 02L.0 107(f)] 12. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for high -rate infiltration sites permitted under 15A NCAC 02T .0700 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 1001 ii. Any habitable residence or place of public assembly owned by the Permittee: 50 ' iii. Any private or public water supply source: 100 iv. Surface waters: 50 z v. Groundwater lowering ditches: 502 vi. Surface water diversions: 50 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: 100 x. Any water line from a disposal system: 10 xi. Subsurface groundwater lowering drainage systems: 50 xii. Any swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 Setbacks to habitable residences and places of public assembly under separate ownership and owned by the Permittee have been reduced to 100 and 50 feet, respectively, and setbacks to property lines have been reduced to 50 feet due to the Permittee compliance with the High - Rate Infiltration Design Policy dated October 27, 2006. 2 Setbacks to surface waters, groundwater lowering ditches and subsurface groundwater lowering drainage systems have been reduced to 50 feet because the treatment units are designed to meet a Total Nitrogen of 4 mg/L and a Total Phosphorus of 2 mg/L in accordance with 15A NCAC 02T .0706(c). [15A NCAC 02T .0706(a), 02T .0706(c)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02T .0700 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: [15A NCAC 02T .0706(d)] 100 100 50 100 50 WQ0037555 Version 1.1 Shell Version 151201 Page 4 of i l III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0707] 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. [15A NCAC 02T .0117] 3. Adequate measures shall be taken to prevent effluent ponding in or runoff from the infiltration sites listed in Attachment B. [15A NCAC 02T .0117] 4. All infiltration 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. [15A NCAC 02T .0108(b)(1)] 5. Only effluent from the Trillium Links & Village WWTP shall be infiltrated on the sites listed in Attachment B. [G.S.143-215.1] 6. No automobiles or machinery shall be allowed on the infiltration sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] 7. Public access to the infiltration sites and wastewater treatment facilities shall be prohibited. [15A NCAC 02T .0705(p)] 8. 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.0708. [15A NCAC 02T .0708, 02T .1100] 9. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0705(i)] 10. 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. [15A NCAC 02T .0108(b)(1)] 11. All effluent shall be routed to the NPDES discharge Permit No. NCO059200 should the limit for fecal coliform (e.g, daily maximum concentration of 25 colonies per 100 mL) or turbidity (e.g., instantaneous maximum of 10 NTU) be exceeded, until the problems associated with the wastewater treatment plant have been corrected. [15A NCAC 02T .0108(b)(1)] 12. The infiltration basin shall be periodically cleaned to remove deposited materials that may impede the infiltration process. Cleaning 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. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified prior to each cleaning. [15A NCAC 02T .0108(b)(1)] W00037555 Version 1.1 Shell Version 151201 Page 5 of 11 13. The turbidimeter shall be tested and calibrated at a minimum of once per year. 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. [15A NCAC 02T .0108(b)(1)] 14. The Permittee shall conduct an annual slope stability survey of Basin C, which shall consist of visual evaluations of the basin embankment for seeps, slips, erosion, degradation, etc. Observations and maintenance 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. [15A NCAC 02T .0108(b)(1)] 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. [15A NCAC 02T .0108(c)] A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow. [15A NCAC 02T .0105(k)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent infiltrated. At a minimum, these records shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration; b. Volume of effluent infiltrated; c. Site infiltrated; d. Length of time site is infiltrated; e. Loading rates to each infiltration site listed in Attachment B; and f. Weather conditions. [15A NCAC 02T .0108(c)] WQ0037555 Version 1.1 Shell Version 151201 Page 6 of 11 6. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Condition IV.5.) on Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] 7. 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. [15A NCAC 02T .0108(b)(1)] 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 of calibration of flow measurement device; b. Date of calibration of turbidimeter; 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.). [15A NCAC 02T .0108(b)(1)] 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 mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 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. [15A NCAC 02T .0105(m)] W00037555 Version 1.1 Shell Version 151201 Page 7 of 11 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 Foran (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 Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 12. 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. Treatment of wastes 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 infiltration sites. f. Effluent breakout from the infiltration basin. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] W00037555 Version 1.1 Shell Version 151201 Page 8 of 11 V. INSPECTIONS VI. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and infiltration facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and infiltration 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. [15A NCAC 02T .0108(b)] 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 infiltration 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. [G.S. 143-21.5.3(a)(2)] 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. [G.S. 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. [ 15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1] 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 General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H.0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] 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. [15A NCAC 02T.0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 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. [15A NCAC 02T .01050)] WQ0037555 Version 1.1 Shell Version 151201 Page 9 of 11 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.0 110. [ 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). [15A NCAC 02T.0120] 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. [15A NCAC 02T .0105(e)(3)] Permit issued this the 18' day of July 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WO0037555 WQ0037555 Version 1.1 Shell Version 151201 Page 10 of 11 Permit No. W00037555 Trillium Links & Village, LLC Trillium Links & Village WWTP ENGINEERING CERTIFICATION ❑ Partial ❑ Final High -Rate Infiltration System July 18, 2017 Jackson County hi 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: THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 W00037555 Version 1.1 Shell Version 151201 Page 11 of 11 THIS PAGE BLANK E. F W a °' o o b o 0 0 0 0 0 0 •� rig E" o o d cC o 0 0 0 0 0 0 v a' U U U U U U U U U a E e fi � N T Q E 0 E T H a 5� [r T G W e � � E W d C7 pQ M a ao v is F U W U U W W z z z z In •p o O V e 0 vl 0 �n N o N 0 O 0 O v, b o O O M �o r E. co q a 'c A m F a F O � H a 6 a N W y a q a z 0 e. �d •a a� d zd M M o a a d ° o F a m o g w e a w7 vi r-1 ^Wa] M z o e F ° � F .1 w a � a d o3 3 O .1 a F � q %Q F co q a i O 00 C o C W d C C b N h < m N O 5 C L N U C bq � W b F p a v °J W o a a 4 41 V, a T E C7 � � CJ CJ CJ C7 U � C7 "y •� U � '� z a di � p •o S � � •y 7 c � EvE s� d fi z i] 'jJ lO �A Y OO 4Ui^ N .r t3 t3 ta t8 F• x x x x x x x x x ° x tTJ w M M M m M M M M M � M •°'o fi o y � � � c Kn c 0 .5 o a .S � � � c c o3n � •o � � = ay P d w` q� 6 O' d L •O ^ C C O yq�q �� 'n O 'O 5❑y 'O y c .O kg C C 73 0 a UN N •o S '� � a � °' o •5 a w x`01 x..07 m' v a' S � c h r d 5 0 5 E o rie 8 m ;? a W 6G El O o0.0,3 9 � a �a C q 5 Ej W ?2.2 O bA C T A O .0. 'adi� a cid �o c �c °°`3' Goommm.S 04 U p y v U 'g U a .a u U y 0!� C C z G ,�, O o u V �.v ❑ C�� 5 W~ a`3 p 5 0 CON 'O 7 v d O C .50 A on h p� a v a U _ o U o U G o Z o Z 7`ra',S'a y JE 0 a 3 y 9❑ O 4 .s 79 aCi � C7 °i J•^ S y 8 G �v,v�WW¢S rim, SdF��sa T� Uo' W 7 q O v Oi .d 6 ti ti¢ O 00 C o C W O 5 C L N U C bq � b £ p a v °J o a a 4 41 '� C a di � p •o S � � •y 7 c � EvE s� z i] 'jJ lO �A Y OO 4Ui^ N .r � °�` •°'o fi o y � � � c Kn c .5 o a .S � � � c c o3n � •o � � = ay a d q� 6 O' d L •O ^ C C O yq�q �� 'n O 'O 5❑y 'O y c .O kg C C 73 0 a UN N •o S '� � a � °' o •5 a w x`01 x..07 m' v a' S � c h r d 5 0 5 E o m 6G El O o0.0,3 9 � a �a C q 5 Ej W ?2.2 O bA C T A O .0. 'adi� U - cid �o c �c °°`3' Goommm.S 04 U p y v U 'g U a .a u U y 0!� C C o .5 m a '� w + ,�, O U u V �.v ❑ C�� 5 W~ a`3 p 5 0 CON 'O 7 v d O C .50 S �� °°5 �v•o5iSi5 7`ra',S'a m� a d 3 v 79 aCi � ` J•^ S y 8 G �v,v�WW¢S rim, SdF��sa T� Uo' cc 7 q O v Oi .d 6 ti ti¢ id .6 CY N M V h ip h 3 I V a E 4 11 J nlm t Lj �u 9 p (a y ,P J r a =-m ft ti ti W { X M Y CUi� a' y 4 2 ^ E 4 11 J nlm t Lj �u 9 p (a y �• 4 J J r a =-m ft E 4 11 J Lj �u 9 p (a y J r a =-m ft ti E 4 11 J M w 0 M N 0A a oq w v, M O O STATE OF NORTH CAROLINA W & oc'3Z Sir COUNTY OF Jackson Permit No. NGGG592ee- OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 9th day of Jump 21)17 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Trillium Links & Village, LLC a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Jackson County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Trillium Links & Village _I I r (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)Trillium Links & Village Property Owners' Associakfl@r�%fter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: ]. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources 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 01-15 Page I oft 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION - Jay Zimmerman, Director 61 Division of Water Resources ZZ/V/7 (Date) FORM: DEV 01-15 _Trillium I Inkc & Village, I l Name of DEVELOPER (Signature) S. C. Culbreth, Managing Member Print Name and Title June 9, 2017 (Date) Page 2 of 2