HomeMy WebLinkAboutWQ0023693_Final Permit_20181129ST► TF
FORTH CAROLINA
Ploy COOPER EnwraftwentalQuaw
Coe~
MICHAEL S. REGAN
leffWary
LINDA CULPEPP€R
Int+ rbw Dire"
November 29, 2018
ANN B. HARDY — COUNTY MANAGER
BRUNSWICK COUNTY
POST OFFICE BOX 249
BOLIVIA, NORTH CAROLINA 28422
Dear Ms. Hardy:
Subject: Permit No. WQ0023693
West Brunswick Regional WRF
Reclaimed Water Generation,
Reclaimed Water
Distribution, Non -
Conjunctive Reclaimed Water
Utilization, and High -Rate
Infiltration System
Brunswick County
In accordance with your permit major modification request received May 1, 2018, and subsequent
additional information received July 25, 2018, August 23, 2018, October 26, 2018 and November 8, 2018,
we are forwarding herewith Permit No. WQ0023693 dated November 29, 2018, to Brunswick County for
the construction and operation of the proposed high -rate infiltration facilities, as well as the continued
operation of the existing reclaimed water generation, reclaimed water distribution, non -conjunctive
reclaimed water utilization and high -rate infiltration facilities.
Modifications to the subject permit are as follows:
➢ Construction of two high -rate infiltration basins on the Clemmons Tract.
This permit shall be effective from the date of issuance until November 30, 2022, shall void Permit
No. WQ0023696 issued December 19, 2017, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A
and B for they may differ from the previous permit issuance. Failure to establish an adequate system for
collecting and maintaining the required operational information shall result in future compliance problems.
North Carolina Department of Environmental Quality I Division of Water Resources I Non -Discharge Branch
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.3654
Ms. Ann B. Hardy
November 29, 2018
Page 2 of 3
Please note the following permit conditions have been removed since the last permit issuance
dated December 19, 2017:
➢ Old Condition I.I. —Monitoring wells MW-I, MW-2, MW-3, MW-4, MW-5, and MW-6 have
been temporarily abandoned.
➢ Old Condition I.3. — An updated Wetlands Monitoring Plan has been submitted to the Division.
Please note the following permit conditions are new since the last permit issuance dated
December 19, 2017:
➢ Condition 1.1. — Requires an Engineer Certification be submitted upon completion of
construction and prior to operation of infiltration basins A and B on the Clennons Tract.
➢ Condition I.2. — Requires the Wilmington Regional Office to be notified 48 hours in advance
of operation of the newly constructed infiltration basins A and B on the Clemmons Tract.
➢ Condition 1.3. — Requires the Wilmington Regional Office to approve MW-7 prior to
installation.
➢ Condition I.4. — Requires the Permittee to submit a site map within 60 days of installing MW-
7.
➢ Condition I1.3. — Requires all wells constructed for purposes of groundwater monitoring be
constructed in accordance with 15A NCAC 02C .0108.
➢ Condition II.19. — Setbacks for reclaimed water storage units and reclaimed water distribution
lines are added.
➢ Condition III.2.b. — Requires the operation and maintenance plan to include a plan for
monitoring reclaimed water quality within the distribution system at locations determined by
the Permittee to be representative of the reclaimed water delivered to users.
➢ Condition I1I.3. — Requires the reclaimed water distribution lines permitted herein to be
properly maintained and operated at all times.
➢ Condition IV.14. — Requires monitoring wells to be sampled after construction and within 3
months prior to initiating reclaimed water utilization operations.
➢ Condition IV.15. — Requires the Permittee to submit a Compliance Monitoring Form (GW-59)
and a Well Construction Record Form (GW-1).
➢ Condition IV.16. — Requires two copies of the monitoring well sampling and analysis results
to be submitted on a Compliance Monitoring Form (GW-59).
➢ Attachment A — PPI 007 has been added to monitor groundwater lowering discharge from the
Clemmons Tract.
➢ Attachment B — The Clemmons Tract high -rate infiltration basins A and B have been added.
➢ Attachment C — A monitoring well has been added to monitor groundwater at the Clemmons
Tract.
Ms. Ann Hardy
November 29, 2018
Page 3 of 3
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 permit, please contact Ashley Kabat at (919) 707-3658 or
ashle .kabata.ncdenr. ov.
Sincerely,
,Linda Culpepper, Interim Directo
" Division of Water Resources
cc: Brunswick County Health Department (Electronic Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
G. Robert Graham, PE — George Finch/Boney & Associates, PA (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Laserfiche Fife (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
THIS PAGE BLANK
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
RECLAIMED WATER GENERATION, RECLAIMED WATER DISTRIBUTION, NON -
CONJUNCTIVE RECLAIMED WATER UTILIZATION, AND 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
Brunswick County
Brunswick County
FOR THE
continued operation of a 6,000,000 gallon per day (GPD) reclaimed water generation, reclaimed water
distribution, non -conjunctive reclaimed water utilization, and high -rate infiltration system consisting of:
➢ a 6.0 million gallon per day (MGD) reclaimed water generation system consisting of. 7,000 linear feet
(LF) of 24-inch sanitary sewer force main, 6,000 LF of 24-inch reclaimed water force main, and 2,000
LF of 8-inch water force main; two air -release valves; dual 3.0 MGD reclaimed water generation
systems consisting of:
o the original train containing: dual influent flow meters; plant headworks including one manual and
two mechanical bar screens, a vortex grit removal system with associated 220 gallon per minute
(GPM) grit pumps, and a screenings washer and grit classifier; two equalization basins with a total
capacity of 750,000 gallons utilizing dual 1,400 GPM transfer pumps, a 2,900 GPM jet -aeration
pump, a 1,000 GPM jet -aeration pump, two 1,620 cubic feet per minute (CFM) blowers, and two
540 CFM blowers; an oxidation ditch flow splitter box; two 950,000 gallon oxidation ditches served
by three 5 horsepower (hp) submersible mixers, three 75 hp brush aerators, and an adjustable
effluent weir per oxidation ditch; two 70-foot diameter secondary clarifiers served by dual 20 GPM
scum pumps; two rotating disk package filters with a combined 3 MGD design flow; a 78,000
gallon chlorine contact chamber with a sodium hypochlorite feed system; three 1,400 GPM return
activated sludge (RAS) pumps and two 100 GPM waste activated sludge (WAS) pumps; a 238,000
gallon aerated sludge storage tank served by two 320 CFM blowers, a 1,465 GPM transfer pump,
and two 250 GPM WAS thickener feed pumps; a gravity belt thickener with a polymer feed system;
an autothermal thermophilic aerobic digestion (ATAD) facility for producing class A biosolids
consisting of two 20-foot diameter ATAD tanks, a 70-foot diameter concrete storage tank, two 250
GPM ATAD feed pumps, two 40-hp jet aeration pumps, a 50-hp jet aeration pump, two 5-hp sludge
transfer pumps, a 250,000 British thermal units per hour (BTU/hr) heat exchanger, five 15-hp
blowers, an ammonia scrubber and biofilter, and associated control systems; a 250 GPM sludge
transfer pump; two 2,100 GPM sewer drain pumps; dual odor control systems; two 350 GPM non -
potable water pumps; two 1,600 kilowatt (kW) auxiliary generators with automatic transfer
switches; a reclaimed water pump station served by two 2,800 GPM effluent pumps and two 1,400
GPM effluent pumps; and all associated piping, valves, controls, and appurtenances;
WQ0023693 Version 3.1 Shell Version 180711 Page 1 of 17
o the expansion train containing: an influent flow meter; plant headworks including a mechanical bar
screen with '/4 inch spacing, a vortex grit removal system with associated 220 gallon per minute
(GPM) grit pump, and a screenings washer and grit classifier; an alkalinity feed system including
a 5,000 gallon chemical storage tank served by two 0.5 GPM chemical feed pumps, two 22 GPM
recirculation pumps, and two 0.68 GPM alum feed pumps; two equalization basins with a total
capacity of 840,700 gallons served by two 1,400 GPM transfer pumps, a 2,900 GPM jet -aeration
pump, a 1,000 GPM jet -aeration pump, two 320 CFM blowers, and two 790 CFM blowers; an
oxidation ditch flow meter and flow splitter box; two 950,000 gallon oxidation ditches served by
three 5 horsepower (hp) submersible mixers, three 75 hp brush aerators, and an adjustable effluent
weir per oxidation ditch; two 70-foot diameter secondary clarifiers served by dual 20 GPM scum
pumps; two rotating disk package filters with a combined 3 MGD design flow; two 30 ft by 60 ft
contact chamber with a sodium hypochlorite feed system; three 1,400 GPM return activated sludge
(RAS) pumps and two 100 GPM waste activated sludge (WAS) pumps; a 4,000 GPM ultrasonic
RAS flow meter and a 250 GPM ultrasonic WAS flow meter; a 238,000 gallon aerated sludge
storage tank served by two 320 CFM blowers two 510 CFM blowers, a 1,465 GPM transfer pump,
and two 250 GPM WAS thickener feed pumps; a gravity belt thickener with a polymer feed system;
an autothermal thermophilic aerobic digestion (ATAD) facility for producing class A biosolids
consisting of two 20-foot diameter ATAD tanks, two 3,500 GPM jet -aeration pumps, two 750 GPM
foam -control pumps, and two 275 CFM blowers; a turbidimeter; a septage receiving station with a
magnetic flow meter, a fine screen, a screenings collector screw, an aerated grit chamber with a 2
CFM blower and a 0.75-hp mixer, two 9,500 gallon aerated equalization tanks with two 75 CFM
blowers, and two 50 GPM sludge pumps; a reclaimed water pump station with two 2,800 GPM
effluent pumps and two 1,400 GPM effluent pumps; and all associated piping, valves, controls, and
appurtenances; and
o a 30 million gallon (MG) synthetically -lined upset pond with two 2,100 GPM upset pumps; a
20,000 gallon infiltration pump tank; and all associated piping, valves and appurtenances.
➢ a reclaimed water distribution system consisting of: 15,269 LF of 16-inch reclaimed water force main,
3,471 LF of 18-inch reclaimed water force main, and 1,020 LF of 20-inch reclaimed water force main
to serve from N.C. 211 to reclaimed valve vault (Section 5); 804 LF of 10-inch reclaimed water force
main and 15,650 LF of 16-inch reclaimed water force main to serve from Bolivia to reclaimed valve
vault (sewer force main) and valve vault to utilization site (reclaimed water force main); 5,774 LF of
10-inch reclaimed water force main to serve from N.C. 211 to Winding River Plantation; 11,813 LF of
12-inch reclaimed water force main and 13 LF of 16-inch reclaimed water force main to serve form
N.C. 211 to St. James Plantation; and all associated piping, valves, controls, and appurtenances;
➢ a 3.97 MGD non -conjunctive reclaimed water utilization system consisting of the:
o 599,650 GPD Members Club non -conjunctive reclaimed water utilization system consisting of: a
200 GPM dual pump station with high-water alarms; 600 LF of 4-inch reclaimed water force main
and 4,100 LF of 10-inch reclaimed water force main; a 3 MG storage and irrigation pond; a 1,050
GPM dual irrigation pump station with high-water alarms; 102.4 acres of reclaimed water spray
irrigation area; and all associated piping, valves, controls, and appurtenances; the
o 796,700 GPD Winding River Golf Course non -conjunctive reclaimed water utilization system
consisting of. a 13 MG storage and irrigation pond; 149.5 acres of reclaimed water spray irrigation
area; and all associated piping, valves, controls, and appurtenances; the
o 1,623,500 GPD West Brunswick Drip Facility non -conjunctive reclaimed water utilization system
consisting of: 2,665 LF of 16-inch reclaimed water force main; a 98.25 MG synthetically -lined wet
weather storage pond; a reclaimed water pump station with a manual bar screen, two 3,300 GPM
pumps and one 1,600 GPM pump, two magnetic flow meters, a disk filtration system, and a sodium
hypochlorite feed system; 496.4 acres of drip irrigation area with a cover crop of Loblolly pine
trees consisting of 5 zones; and all associated piping, valves, controls, and appurtenances; the
WQ0023693 Version 3.1 Shell Version 180711 Page 2 of 17
o 344,500 GPD IP Tract non -conjunctive reclaimed water utilization system consisting of. 10,460
LF of 16-inch reclaimed water force main; 50.88 acres of reclaimed water spray irrigation area;
two 1,200 GPM spray irrigation pumps; and all associated piping, valves, controls, and
appurtenances; the
o 256,500 GPD Mercer Mill non -conjunctive reclaimed water utilization system consisting of 37.86
acres of reclaimed water spray irrigation area; two 1,300 GPM spray irrigation pumps; 5.1 MG of
wet weather storage for the Mercer Mill spray irrigation area contained in pond MM #2 under
normal operating conditions; 9.8 MG of wet weather storage for the Reserve Club golf course is
allocated in pond MM#1 via excess disposal capacity; and all associated piping, valves, controls,
and appurtenances; and the
o 353,400 GPD Reserve Golf Course non -conjunctive reclaimed water utilization system consisting
of: a 1,000 GPM dual pump irrigation dosing station; 70 acres of reclaimed water spray irrigation
area; a 1.2 acre irrigation and storage pond with approximately 1.5 MG of effective storage (as
previously stated, an additional 9.8 MG of wet -weather storage for the Reserve Golf Club is
allocated via excess disposal capacity included in the MM#1 infiltration pond); an irrigation flow
meter; and all associated piping, valves, controls, and appurtenances;
➢ a 2.70 MGD high -rate infiltration system consisting of the:
o 846,500 GPD IP Tract high -rate infiltration system consisting of: nine high -rate infiltration basins
with a cumulative area of 13.88 acres; 14,167 LF of 8-inch perforated PVC groundwater lowering
drain with clay anti -seep collars, in -line clean outs, and a PVC membrane curtain; three
groundwater lowering pump stations each with two 650 GPM submersible dewatering pumps and
a magnetic flow meter; and all associated piping, valves, controls, and appurtenances; and the
o 1,850,000 GPD Mercer Mill high -rate infiltration system consisting of. two high -rate infiltration
basins with a cumulative area of 12.55 acres; 6,088 LF of 10-inch perforated PVC groundwater
lowering drain with clay anti -seep collars and in -line clean outs; two groundwater lowering pump
stations each with two 1,300 GPM submersible dewatering pumps and a magnetic flow meter; and
all associated piping, valves, controls, and appurtenances; and the
construction and operation of a 559,928 gallon per day (GPD) Clemmons Tract high -rate infiltration system
consisting of:
a 1.25 acre high -rate infiltration Basin A; a 0.82 acre high -rate infiltration Basin B; 3,043 LF of 8 to 12-
inch perforated PVC groundwater lowering drain with sand backfill and in -line clean outs; and all
associated piping, valves, controls, and appurtenances
to serve the West Brunswick Regional WRF, with no discharge of wastes to surface waters, pursuant to the
application received May 1, 2018, 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 November 30, 2022, shall void Permit No.
WQ0023693 issued December 19, 2017, and shall be subject to the following specified conditions and
limitations:
WQ0023693 Version 3.1 Shell Version 180711 Page 3 of 17
I. SCHEDULES
Upon completion of construction and prior to operation of the new Clemons Tract high -rate infiltration
Basin A and Basin B, 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 promect is to be completed in phases and partially
certified, the Permittee shall retain the responsibiliV 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]
2. 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 newly installed high -rate infiltration
Clemmons Tract Basin A and Basin B 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)]
3. The Wilmington Regional Office, telephone number (910) 796-7215, shall approve monitoring well
MW-7 prior to installation, and the monitoring wells shall be installed prior top utilization of Clemmons
Tract Infiltration Basin A and B. 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 monitoring 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 9. [15A
NCAC 02T .0108(b)(2), 02C .0108]
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)]
WQ0023693 Version 3.1 Shell Version 180711 Page 4 of 17
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.
In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the declarations
and bylaws documenting compliance with the attached Operational Agreement. [15A NCAC 02U
.0106, 02U .0109]
II. PERFORMANCE STANDARDS
The subject reclaimed water 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 utilization areas to adequately assimilate the
reclaimed water, the Permittee shall take immediate corrective actions including Division required
actions, such as the construction of additional or replacement reclaimed water generation and
utilization/distribution 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. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities in accordance with 15A NCAC 02T .0400. If an
individual permit is not required, the following performance criteria shall be met as provided in 15A
NCAC 02T .0403.
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to
land or surface waters, and any contravention of groundwater or surface water standards.
b. A map of the sewer system shall be developed and actively maintained.
c. An operation and maintenance plan shall be developed, implemented and maintained.
d. Pump stations not connected to a telemetry system shall be inspected every day (i.e., 365 days per
year). Pump stations connected to a telemetry system shall be inspected at least once per week.
e. High -priority sewers shall be inspected at least once every six months.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the Wilmington Regional Office in accordance with
15A NCAC 02B .0506(a), and public notice shall be provided as required per North Carolina
General Statute §143-215.1C.
h. A grease control program shall be developed, implemented and maintained.
i. Right-of-ways and easements shall be maintained.
j. Inspection and maintenance records for Conditions II.4.a. through IIAJ. shall be maintained for a
period of at least three years, except for Conditions II.4.b. and II.4.c., which shall be maintained
for the life of the system.
[15A NCAC 02T .0403]
5. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A.
[15A NCAC 02U .0300]
WQ0023693 Version 3.1 Shell Version 180711 Page 5 of 17
6. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g), 02U
.0402(m)]
7. The following shall be requirements for the reclaimed water distribution, storage, and utilization
facilities:
a. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the
public or employees that reclaimed water is not intended for drinking. Where appropriate, such
warning shall inform the public or employees to avoid contact with reclaimed water.
b. All reclaimed water piping, valves, outlets and other appurtenances shall be color -coded, taped or
otherwise marked to identify the source of the water as being reclaimed water.
i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone 522)
and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER — DO
NOT DRINK" or be installed with a purple (i.e., Pantone 522) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and
repeated every three feet or less.
ii. Identification tape shall be at least three inches wide and have white or black lettering on purple
(i.e., Pantone 522) field stating "CAUTION: RECLAIMED WATER — DO NOT DRINK."
Identification tape shall be installed on reclaimed water pipelines in a visible manner, fastened
at least every 10 feet to each pipe length and run continuously the entire length of the pipe.
iii. Existing underground distribution systems retrofitted for the purpose of distributing reclaimed
water shall be taped or otherwise identified as noted above. This identification need not extend
the entire length of the distribution system, but shall be incorporated within 10 feet of crossing
any potable water supply line or sanitary sewer line.
c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits
operation by authorized personnel only.
d. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -
potable quality. As an alternative to the use of locked vaults with standard hose bib services, other
locking mechanisms such as hose bibs which can only be operated by a tool may be placed above
ground and labeled as non -potable water.
[15A NCAC 02U .0403]
8. No direct cross -connections shall be allowed between reclaimed water and potable water systems,
unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A
NCAC 02U .0403(f)]
9. Reclaimed water distribution lines shall be located at least 10 feet horizontally from and 18 inches
below any water line where practicable. Where these separation distances cannot be met, the piping
and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
[15A NCAC 02U .0403(h)]
10. Reclaimed water distribution lines shall not be less than 100 feet from a well unless the piping and
integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no
case shall they be less than 25 feet from a private well or 50 feet from a public well. [ 15A NCAC 02U
.0403(i)]
11. Reclaimed water distribution lines shall be located at least two feet horizontally from and 18 inches
above any sewer line where practicable. Where these separation distances cannot be met, the piping
and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
[15A NCAC 02U .0403(j)]
WQ0023693 Version 3.1 Shell Version 180711 Page 6 of 17
12. The compliance and review boundaries for the non -conjunctive reclaimed water utilization at the West
Brunswick Drip Facility, the Members Club Golf Course, and the Winding River Golf Course (sites
originally permitted prior to September 1, 2006) are established at the property boundary. Any
exceedance of standards at the compliance or review boundary shall require action in accordance with
15A NCAC 02L .0106. [15A NCAC 02H .0219(k)(1)(C)(i)(IU)]
13. The compliance and review boundaries for the non -conjunctive reclaimed water utilization at the IP
Tract, the Mercer Mill site, and the Reserve Club Golf Course (sites originally permitted after
September 1, 2006) are established at the utilization area boundaries. Any exceedance of standards at
the compliance or review boundary shall require action in accordance with 15A NCAC 02L .0106.
[15A NCAC 02U .0501(a)(6)]
14. The high -rate infiltration basins at the IP Tract, the Mercer Mill site, and Clemmons Tract were
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)]
15. In accordance with 15A NCAC 02L .0108, the review boundaries for the high -rate infiltration basins
at the IP Tract, the Mercer Mill site, and Clemmons Tract are 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]
16. 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)]
17. 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(d)]
18. 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
Brunswick 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 .0107(f)]
WQ0023693 Version 3.1 Shell Version 180711 Page 7 of 17
19. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for reclaimed utilization sites shall be as follows (all distances in feet):
i. Surface waters not classified SA: 25
ii. Surface waters classified SA: 100
iii. Any well with exception to monitoring wells:
100
[15A NCAC 02U .0701(c)]
b. 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:
501
iii. Any private or public water supply source:
100
iv. Surface waters:
too,
v. Groundwater lowering ditches:
too,
vi. Surface water diversions:
50
vii. Any well with exception of monitoring wells:
100
viii. Any property line:
501
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:
1002
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
' Setbacks to habitable residences and places of public assembly under separated 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's compliance with the High -
Rate Infiltration System Design Policy dated October 27, 2006.
2 Setbacks to surface waters, groundwater lowering ditches and subsurface groundwater
lowering drainage systems have been reduced to 100 feet because the treatment units are
designed to meet a Total Nitrogen of 7 mg/L and a Total Phosphorus of 3 mg/L in accordance
with 15A NCAC 02T .0706(b).
[15A NCAC 02T .0706(a), 02T .0706(b)]
c. The setbacks for treatment units permitted prior to September 1, 2006 shall be as follows (all
distances in feet):
i. Any well with exception of monitoring wells: 100
ii. Any property line: 50 1
1 The irrigation/storage pond at Winding River Plantation does not comply with this setback, but
was previously approved by the Division. Therefore, this setback does not apply to this
previously -constructed pond.
[15A NCAC 02H .02190)(5)]
WQ0023693 Version 3.1 Shell Version 180711 Page 8 of 17
d. The setbacks for 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: 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
[ 15A NCAC 02T .0706(d), 02U .0701(a)]
e. The setbacks for final effluent storage units shall be as follows (all distances in feet):
i. Any private or public water supply source: 100
ii. Surface waters: 50
iii. Any well with exception of monitoring wells: 100
iv. Any property line: 50'
' Section 22.(c)(2) of Session Law 2013-413 exempts final reclaimed water effluent storage
facilities constructed prior to June 18, 2011 from having a setback to property lines.
[ 15A NCAC 02U .0701(b)]
20. The Water Reuse Agreement (attached) between the Members Club at St. James Plantation, LLC, the
Reserve Club at St. James Plantation, LLC, and Brunswick County shall remain in full effect for the
life of this permit. No modifications to this agreement shall be made without prior approval from the
Division of Water Resources. [15A NCAC 02T .0108(b)(1)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The reclaimed water generation, utilization, and distribution facilities shall be properly maintained and
operated at all times. The facilities shall be effectively maintained and operated as a reclaimed water
system to prevent the discharge of any reclaimed water or partially treated effluent resulting from the
operation of this facility. [15A NCAC 02T .0108(b)(1)]
The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include
the following:
a. Description of the system in sufficient detail to show what operations are necessary for the system
to function and by whom the functions will be conducted;
b. A plan for monitoring reclaimed water quality within the distribution system at locations
determined by the Permittee to be representative of the reclaimed water delivered to users. At a
minimum, monitoring shall include sampling for the following parameters: fecal coliform, pH, and
total residual chlorine. Samples shall be taken from a minimum of five locations, or the number of
locations equivalent to 25 percent of the service connections to the reclaimed water distribution
system, whichever is fewer. In no case however, shall fewer than two locations be sampled for the
purpose of complying with this condition.
c. A map of all distribution lines and record drawings of.all utilization systems under the Permittee's
control;
d. Description of anticipated maintenance activities;
e. Include provisions for safety measures including restriction of access to sites and equipment; and
f. Spill control provisions including response to upsets and bypasses including control, containment,
remediation, and contact information for plant personnel, emergency responders and regulatory
agencies.
WQ0023693 Version 3.1 Shell Version 180711 Page 9 of 17
[15A NCAC 02U .0801]
3. The reclaimed water distribution lines permitted herein shall be properly maintained and operated at all
times. To ensure proper operation and maintenance, the Permittee shall perform the following:
a. A map of the reclaimed water distribution line shall be developed. If part of a broader reclaimed
water distribution system, this line shall be added to the regional map, and said map shall be actively
maintained.
b. An operation and maintenance plan shall be developed and implemented.
c. A general observation of the entire reclaimed distribution system shall be conducted at least once
per year.
d. Inspection and maintenance records shall be maintained for a period of at least three years.
e. Bypasses shall be reported to the Wilmington Regional Office in accordance with 15A NCAC 02B
.0506(a).
[15A NCAC 02U .0801]
4. 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 02U .0117]
5. An operator certified by the Water Pollution Control System Operators Certification Commission
(WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours
per day. [15A NCAC 02U .0401(e), 02U .0402(i)]
6. A suitable year round vegetative cover shall be maintained on irrigation sites at all times, such that crop
health is optimized, allows for even distribution of reclaimed water, and allows inspection of the
irrigation system. [15A NCAC 02T .0108(b)(1)]
Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation
sites. [15ANCAC 02T .0108(b)(1)]
8. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)]
9. All reclaimed water 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. [ 15A NCAC 02T .0108(b)(1)]
10. 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)]
11. Only reclaimed water generated at West Brunswick Regional WRF shall be utilized and/or distributed
in accordance with this permit. [G.S. 143-215.1]
12. 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. [15A NCAC 02U .0402(h)]
13. 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)(l)]
WQ0023693 Version 3.1 Shell Version 180711 Page 10 of 17
14. Public access to the reclaimed water generation facilities, infiltration sites, and five day upset pond
shall be prohibited. [15A NCAC 02U .0402(f)]
15. Public access to reclaimed water utilization sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site. [15A
NCAC 02U .0501]
16. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15A NCAC 02T .0108(b)(1)]
17. Freeboard in the reclaimed water irrigation and storage ponds, the high -rate infiltration basins, and the
5-day upset pond shall not be less than two feet at anytime. [15A NCAC 02T .0108(b)(1)]
18. Gauges to monitor waste and reclaimed water levels in the reclaimed water irrigation and storage ponds,
the high -rate infiltration basins, and the 5-day upset pond shall be provided. These gauges shall have
readily visible permanent markings at inch or tenth of afoot increments. [ 15A NCAC 02T .0108(b)(1)]
19. 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)]
20. All effluent shall be routed to the five day upset pond 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. The wastewater in the five day upset pond shall be pumped back to the treatment plant
headworks for re -treatment or treated in the five day upset pond prior to utilization. [15A NCAC 02U
.0402(e)]
21. The Permittee shall develop and implement an education program to inform users (including
employees) about the proper use of reclaimed water. Educational material shall be provided to all
residents and/or other facilities provided with reclaimed water, and these materials shall be maintained
consistent with the reclaimed water uses. All educational materials shall be made available to the
Division upon request. [15A NCAC 02U .0501(a)(4)]
22. The Permittee shall provide notification to the public and/or employees about the use of reclaimed
water, and that reclaimed water is not intended for drinking. Such notification shall be provided to
employees in a language they can understand. [15A NCAC 02U .0501]
23. 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 02U .0802. [ 15A NCAC 02T .1100, 02U .0802]
24. The infiltration basins 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 Wilmington Regional Office,
telephone number (910) 796-7215, shall be notified prior to each cleaning. [15A NCAC 02T
.0108(b)(1)]
WQ0023693 Version 3.1 Shell Version 180711 Page 11 of 17
25. Approximately 9.8 MG of wet weather storage for the reclaimed water irrigation system at the Reserve
Club is provided via excess disposal capacity that is available in infiltration pond MM# 1 at the Mercer
Mill site. Future requests to allow wet weather storage to be allocated within the infiltration basins at
the Mercer Mill site and/or the IP Tract will not be approved unless adequate operational data can be
provided to document that the infiltration basins are functioning effectively at the permitted loading
rates, and that the existing pumps and piping are sized adequately to accommodate the effluent transfer.
[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 reclaimed water generating 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 reclaimed water from the generating facility 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 reclaimed water utilized and
effluent infiltrated. Records shall be maintained for a minimum of five years. At a minimum, these
records shall include the following information for each utilization site listed in Attachment B:
a. Date of irrigation/infiltration;
b. Volume of water irrigated/infiltrated;
c. Site irrigated/infiltrated;
d. Length of time site is irrigated/infiltrated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings (irrigation sites
only);
f. Loading rates to each infiltration site listed in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops (irrigation sites only).
[15A NCAC 02T .0108(c)]
WQ0023693 Version 3.1 Shell Version 180711 Page 12 of 17
7. Freeboard (i.e., waste/reclaimed water level to the lowest embankment elevation) in the reclaimed water
irrigation and storage ponds, the high -rate infiltration basins, and the 5-day upset pond shall be
measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall
be maintained at the facility for a period of no less than five years, and shall be made available to the
Division upon request. [ 15A NCAC 02T .0108(c)]
8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained
at the facility for a period of no less than five years, and shall be made available to the Division upon
request. At a minimum, this record shall include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[ 15A NCAC 02T .0108(c)]
9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a
period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Visual observations of treatment plant and plant site;
b. Date of calibration of flow measurement device(s);
c. Date of calibration of turbidimeter;
d. Date and results of power interruption testing on alternate power supply;
e. Record of preventative maintenance (e.g., changing/adjusting of equipment, pump and valve
maintenance, cross connection control, testing, inspections and cleanings, etc.; and
f. Record of all unpermitted releases of reclaimed water to surface water or land surface including
date of occurrence, estimated volume of release, cause, and corrective action taken.
[15A NCAC 02T .0108(b)(1)]
10. The Permittee shall develop and maintain a routine review and inspection program for offsite users of
reclaimed water. A log documenting user inspections shall be maintained for a minimum of five years,
and shall be made available to the Division upon request. At a minimum, this log shall include:
a. Visual observations of the reclaimed water user sites; and
b. Record of preventative maintenance (e.g., pump and valve maintenance, cross connection control,
etc.).
[15A NCAC 02T .0108(b)(1)]
11. Three copies of all effluent monitoring data and reclaimed water distribution data (as specified in
Conditions IV.3., IVA., and IV.5.) shall be submitted on Form NDMR for each PPI listed in Attachment
A. Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed
water distribution activities occurred during the monitoring month, monitoring reports documenting
the absence of the activity are still required to be submitted. All effluent monitoring data 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)]
WQ0023693 Version 3.1 Shell Version 180711 Page 13 of 17
12. Three copies of all operation and utilization records (as specified in Conditions IV.6. and IV.7.) shall
be submitted on Form NDAR-1 for every non -conjunctive utilization site listed in Attachment B.
Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed
water utilization activities occurred during the 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)]
13. Three copies of all operation and disposal records (as specified in Conditions IV.6. and IV.7.) shall be
submitted on Form NDAR-2 for every high -rate infiltration site listed in Attachment B. Reporting
forms shall be submitted on or before the last day of the following month. If no reclaimed water
utilization activities occurred during the 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)]
14. Pursuant to § 143-215.1 C., the Permittee shall provide to its users and the Division of Water Resources
an annual report summarizing the performance of the wastewater treatment and utilization 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
Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh, North Carolina
27699-1617. [15A NCAC 02U .1401(f)]
15. Monitoring well MW-7 shall be sampled after construction and within 3 months prior to initiating high -
rate infiltration operations. Monitoring wells shall be sampled thereafter at the frequencies and for the
parameters specified in Attachment C. All mUning, 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 9. [15A NCAC 02T .0105(m)]
16. For initial sampling of monitoring well MW-7, 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)]
17. 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 Resources, Information Processing Unit, 1617
Mail Service Center, Raleigh, North Carolina, 27699-1617. [15A NCAC 02T .0105(m)]
WQ0023693 Version 3.1 Shell Version 180711 Page 14 of 17
18. Noncompliance Notification:
V.
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. 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 failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted
release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted
releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance
with Condition IV.9.f. but do not require Regional Office notification.
d. Any time self -monitoring indicates the facilities permitted herein have gone out of compliance with
the limitations contained in this permit.
e. Ponding in or runoff from the reclaimed water utilization sites.
f. Effluent breakout from the infiltration basins.
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 .0108(b)(1)]
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
reclaimed water generation, distribution, utilization, and infiltration facilities. [15A NCAC 02T
.0108(b)]
2. The Permittee or their designee shall inspect the reclaimed water generation, distribution, utilization,
and infiltration facilities to prevent malfunction, 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 ofthe inspection,
and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)]
Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the reclaimed water generation, distribution, utilization,
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.
143-215.1]
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. [G.S. 143-215.6A to 143-215.6C]
WQ0023693 Version 3.1 Shell Version 180711 Page 15 of 17
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. 142-215.1]
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 the Division's General Permit NCGO10000; any requirements pertaining to wetlands under 15A
NCAC 02B .0200 and 02H .0500; National Pollutant Discharge Elimination System (NPDES)
requirements under 15A NCAC 02H .0100, and documentation of compliance with Article 21 Part 6
of Chapter 143 of the General Statutes. [ 15A NCAC 02T .0105(c)(6)]
5. In the event the permitted facilities change ownership or the Permittee changes their name, a written
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)]
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)]
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. [ 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 29' day of November 2018
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
?Linda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0023693
WQ0023693 Version 3.1 Shell Version 180711 Page 16 of 17
Permit No. WQ0023693 Reclaimed Water Generation, Reclaimed Water Distribution, Non -Conjunctive
Brunswick County Reclaimed Water Utilization, and High -Rate Infiltration System
West Brunswick Regional WRF November 29, 2018
Brunswick County
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
In accordance with 15A NCAC 02T .0116, I, , as
a duly registered Professional Engineer in the State ofNorth 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
I
Engineering Firm
Mailing Address
E
f
City State I Zip
f
f
3
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 ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE BRANCH
By U.S. Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 N. SALISBURY STREET
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
WQ0023693 Version 3.1 Shell Version 180711 Page 17 of 17
THIS PAGE BLANK
UD
z
a
v/
O
IA
w
72
0
Ly
rig E"
0
0
°'
o
0
0
0
0
0
0
°7
U
U
U
U
U
U
U
U
U
a
w
a
c�
-lla�
0
a�
�
u
o
.�C
kn
N
O
O
A
e
�
ad
a
o�
w
�o
W
�
o
w�
p �
�
O
It
M
V'l
O
O
A
gyp"
00
vkl
il•Ca
a
o
u
^
U
•c
as
�
�
z
O
a
U
w
c
cdUS
H
U
O
.N.
^
U
Q!i
•
34
v
O
cd
Y
.Oi
d
E4
m
A
rn
U
Z
a"
c;�,
v
E
u
w
o
U
0
w
Q
Oo
or.E
v
o
a0i
0
a0i
0
a0i
0
0
0
Q
o
o
40,,
3
b
b
W
W
U
U
U
Z
Z
Z
Z
o
a
voi
9
w
cno
O
O
O
�o
C
to
O
O
O
kn
O
O
\c
p
d'
IC
O
l0
N
O
_O
N
�D
N
1�0
O
�c
O
�t
'D
�o
CD
M
V1
[-
O
a
O
O
O
r•
O
O
(0
O
O
CD
CD
O
O
O
V
O
O
kn
M
to
O
O
O
C
O
O
[-
O
O
0
0
Z.
.:
R
0
0
0
0
0
o
W
o
0
0
0
nb
O
C%
O
O
N
O.
T
4�h-
00
W
a n
O
lr
O
O
O
C.
ON
O
O
O
O
A
o
x
z�
o
o
o
Ito
G°
"�'
�'
CD
a
co
�y
'»
w
z
0
z
d
p
°
W
C
N
O
cr
W
*
o
m
^
Z
O
O
"
oilw
v
Ito
c
�•
o
d
o
z
P-1
a�
z
c
_
0-4
�
U
A M
Q
t
.y 3
UO ...
o
�
eD
c
d
3
s•
3'
e
3
C
0o
k
L
I
i
X
G
G
C
0
N
0
0
0
CD
N
Q
0
�
COD
�
Ceb
pN
p"7C
K
hC�y
C7
�-e
y
V
WD
W
n
c
b
c7
C7
Cd"
t,:1
C7
c7
C7
C7
C7
WGoF
d
7
�
m
as
a+
�
A
E
a
E
'e
F
A
�
w
o
W
C7
� o
o �
A
o
�
�
�
a
s
rA
u
O
c
a
IW
F"
U
L
OCd
a
o
A
o
0
o`er..
°
3
0
0
o
U
U
U
U
n
W
pOq
w
Z
Z
a
Cf)
41
0(D0
,
�
—
O)
N
O
O
�o
(0
ap
M
O
lD
o
O\
0
O
0
to
O
CD
�o
CD
O
O
O
o
U
O
O
O
V)
M
W)
O
O
O
O
[-
w
0
M
Q
904
r
ce
i
b
CD
0
o
c
o
0
0
0
o
c
o
o
O
�
O
O
N
LA
OOi
.
CN
w
W
C n
rA
O
LA
O
O
O
O
O
O
O
O
C
C
R.
O
O
CD
So
o2
z
d
p
^•
�'
:�
O
y
CDG
ON
J
y
'�7
d
y
b
.41
�
�
g
u
�r
�eDul
p
ao
m �e
o
�
m
r
dCOO
a'
3
C
tA
?
10on
G
CD
7C
N
cD
G .=.i
�
700c'
x•
1.4 _
z
G�
G�
x
0
Gl
y
c
�
c
�
�
�
c
c
o•
�
�
'� 'fl
�
a
d
a
.R
M
7
F
A
o +'
�
w
o
W
C7
r
� O �
O
d
w a�
y
E
o
�
�
�
a
F
u
U
Z
00
O
Phi
0
Z
F
y
Eo-
�
W
m
U
U
U
U
w
z
Z
c
a
O
0000
�
�
-
N
O
C
O
p
U
M
\p
D\
o
O
'40
O
%0
o
�O
0
0
0
M
0t
CD0
v0i
n
te)
t—
w
0
an
�a
a
od
Q
3
w
ON
i
0
o
Cl
O
O
o
O
C)
ow e
oCL
o
a,
o
o
0
�
0
n
LAg
Cl
CDa
o A
qq
o
o
z
o
w
o
d
z
-P
p
E
cc
o
v
O
o m
w
o
�n
z
a
;
00
'°.
rA
41
i
ri
l
A
i
riiri, �4
7q
r�
O
A
`! K
m �
QQ
A �
A
O
�
a�
r
0
to
s
d
�
°E
9
e
C
E.
w
�
0
k
C
k
nuj
oil aC
CDp
CD
a
CD
CD
CD
0
CD
CD
co
0
A
y
'
CD
e's
G�
0
O
CD
�
C
O
0 �9
�
�
c
�
�
o•
�
c
� 'ti .o
trJ
A
z
�
y
FA
F
C7
C7
C7
C7
C7
C7
C7
C7
Ur
Ur
�
L�
D
a
x
x
.w
zIX
�
3
X
X
3
3
a
N
3
O
3
N
3
O
3
k
O
E
E
�
'y�
C
O
�
M
is
E7
C
E
C
�S
C
a
tv
W
—
o o+'
w
o
W
C7
�d
C y
O
d
W L
cc
0
V1
�
ay
FUG
F
0
0
Y
o
U
Y
FVi
00
A
�
�
'd
�
E
�
°�'
�
F5
a
A
a°
•5
o
a
'a
U
U
U
U
w
z
z
a
s
gin°
Gn a�
O
O
b
O�
N
o
0
p
M
000
"O
ON
O
1�0
O
\O
\D
Cl�
�
�
M
U
o
0
0
0
—
o
o
O
O
o
0
c
as
WA
U
U
a
Q
C
L
d `•may
M
•--�
oa
x
c
c
a
0
0
0
Q
U
U
�
a
a
Q
a
Q
a
y
A
�
Q
0
0
z
z
N
N
O
O
N
�
N
A rig
d
Z y
N
k
O
v
N
O
e
d
b
'en
o
0
C
^
^
a
00
00
0
0
0
F
fl
00
M
00
0000
N
kn
a
M
M
[�ojyj
U
U
ad'
U
PG
Z
fA
O
F
_
a
a
F
o
0
0
0
Q
ti
ti
V]
C
m
h
U
U
Q
F
M
O�
•�+
N
M
O
O
x
a
Qa
Qa
L
4
A
A
0
0
z
z
N_
N_
O
O
C �
q•y
°
a�i
•g
a
x
°
A v�
O
y y
N
N
M
M
N
PC
0
C
O
a
00
00
0
0
0
FPC0000
N
a+
O
•-�
o
a
M
M
z
U
~
U
U
O
a
o0
�
0
0
i
a
a
3
o
ti
ti
v
v�
U
U
F
F
�
Q
A
A
Y!
L
N
%O
L•�•I
>1
M
14
Oa
o
0
x
�
�
z
0
0
0
~
a
L
Q
Q
a
CA
Q
m
Q
0
0
z
z
N_
N_
O
O
C �
Q
d
qu
0
O
0
M
C
�
�
�
o
00
a
00
00
Fq
o
0
.�
w
O
C14
en
n
w
w
a
M
M
z
3
3
OV
N
"a
F
�.
41
0
i
U
U
U
U
•3
O
3
�Q
f�
co
oco
N
e
F
w
0
P
a
m
N
Cd
F
,W--
y
0
b7
Cd
G7
G1
b7
2
2
2
H
y
°z
2
2
2
g
to
�c
LA
O
J-A
N
0
�0
0
o
O0
y
43
4a
--Illr
z
po
w
w
w
oo
o
�
�
�A
4
o�
0
N
?
O
O
0 0
O.
0
0
0
0
0
fD
w°°
CN
W
mP.
O
00
cc
pa
•
R
p
R
p
C/l
� k
C
O
O
O
O
00
00
00
0
O
O
O
O
O
AD
a
CD
M
b
a
a
a
r
ba
i-r
s
o
s
s
s
o
z
co
co
co
co
m
�
�
e
^r 1
00
O
N
W
m y
`O
W
W
01
�c
>{
2
U
C7U
U'U
C7
C7
C7
C7
rn
0o00ooaoo
0
a
N
1
y
U/
N
y
N
a
Q
s
4
z
z
z
zzz
z
I
z
I
z
I
I
00
I
00
I
00
I
00
I
00
I
00
00
00
N
N
N
N
N
N
N
N
N
C.
C.
0
0
0
0
0
0
0
°nn.
0
0
0
0
0
0
0
0
0
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
•L
O
O
O
o
O
O
O
O
O
O
O
O
O
O
O
O
O
O
•�
v
�
�
q
C
C
�F
C
�
A
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
O
tn
en
z
0�1
M
000
lip.
ON
M
cd
d
oPro
NT
~OmN
w
N
N
000
r
N
W
.0
a
N
N
N
N
N
N
N
N
N
O
a
000
° r
00
00
00
00
00
00
no
o
ag
z
0
F
0
0
%Dy
0CD
0
o
0
0y
0
n
0
�
0
a
^o
000
�
t-
i-
N
N
N
N
N
N
N
00
0
0
0
0
—
0
0
o
0
0
a
le
le
M
M
M
M
M
M
M
M
M
U
U
U
U
U
U
U
U
U
m
0
V)
L6
00
O
C
s.
U
U
U
U
U
U
U
U
U
CD
U
U
U
U
U
U
U
U
U
acN
+°
F
y
U
G
�k
L �
F-I
e
woo
x
O
c
F
U
i
Qy
Pr
�
y
iL/
A
c
z
I
00
00
N
O
cc
.o
.o
d
Of
00
aq
zQ
M
M
�
0
M
z
•oD
c
a
a
O
p
0-4
•p
d
r
�
a
a
M
d
M
z
0
F
U
N.1
C
p
U
�
41
0
U
Ig
U
O
�3
CG
N
F
E
A
A
�
C7
C7
F
0
0
0
0
a
H
d
d
d
E
H
a
y
V1
a
QI
A
Q
d
z
I
z
I
00
oc
N
N
0
0
a
a
0
0
N
N
N
N
0
0
i,
O
O
O
O
CPS
C
pp
�
y
w
w~
A
0
0
b
0
0
�
�
z
o
Fof
�0
M
W)
h
zPC
C
�
Oo
N
t
000
a
00
o
o
o_
"p
�O
on
aa
rn
0�
FG�I
M
M
U
a
_V
O
U
�
�
0
:3
U
U
U
3
U
O
y
q
cq
F
.:
R
b
A7
CD (
CD
0
CG
tz
�
�
O
�
�
o
C�
CZfDe
C
G
m
�
0
C
O
q
C"
y
w
w
1�0
0
0
a
PO
oo
°
°0
"
O
z
eD
N
O
a
O
N
A
OQ
A
d
O
7
M
w
w
o
R
o
co
CD
A
14
A'
y
O
O
N
N
I
0
I
0
�
C"
aro
oq
�
x
�
y
a,
a,
�
z°
N
IJ
14
cri
H
N
N
M
O
I
R
L
wl
M
M
W
'z
w
W
d
U
O
1•["yd
0
r+
E
L
7
x
x
x
x
x
x x
x
x
CM
M
M
M
M
M en
M
M
d
CT
L
W
z
Cl
S
a
w
�
E
a
a
�
3
O
oknO06
N
N
0
in
G7
A
U
W
A
o
A
0
od
$.
a+
U
O
p
U
c
c
o
kn
0,
u
_�
15
to
�
z
F
b
z
O
a w
C.
00
U
o qq
v) >
O
a
a
>
3
O
O
0
O
0
O
0 kn
O O
o
O
N
V
a
°
°
o
W
p
�+
ell
a
chi
p"
C
F
on
U
� O
cd
Cd
°'
o ' C
.01
Y
aoi �
bD
in, 71
A C
:
a c
N
0
U
r3'
E
O
O Q Q
G
b
rx
'o fad
8
Q
I
it �
N
• O
�0
" '
O +"
�
Ell
y
.,
'y U O
td
N y
��-+•
z E
ld
TS
ai
O
N
q
� y
O�
U 'O
O
4•,
m � y
vv
C
'0"
14
o
on
nb, a
3
Q
C- •b
0 .b N
O
`E o
E� o
w
c
0
•k
Ld
CIO
�
... a
•b
tw
N b4
Q
p
0
4.
t
>, a'
�� c
0 U
ou
C °
p
U
c c
LL
sue,
to
uJ0
N 'O
'" O
F~
00 °'
o «�•
C °
� � O
U
U
'"
bA
cc
0�t,a
N
c.
u;•gp
��
a
a a
E o�01
oaa3�
Y
w
t p- o- -s
cad
°
°
o obi
Z O O
p
^ 7
�
� �
c c b
Op � ►a �
a�i o a4W
�,,,
U
R U cd
o
Y
•�
�cd
°�
�"
o
oo°
_
d
m
o
b
0
"
3�
a L
U Uo
lU
Y+��?,
U
>°p
bA
o
O O
—
0. +'
�
oL
a
�-
aq
o
O
El
-p 5 El t
.0 �
a`di � o
,Q
0. 3
Y Y
i�
_
p 1
C
O° p 000 ONO O
q
Y„
•
o
U b o
d ° ao
c�b-'sS
E
°Db�
oho'
D
4-
o
i o
a
N N
o
O U
o U a3
ba
>
M
°' � ,�
� °lo
•,=, V]
,�
x •� x
.� �
o
>'
cad �
� � �
O
N
CY
lei
%G
l�
"�
P Q NN
�-0 o
sX� °
I&XV IAA 3
%
9
J N
Ox
D �2�O
I
RECLAIMED WATER HIGH -RATE INFILTRATION
CIBdMONS TRACT WEST BRIIVSWICK DRIP FACILITY gf�ba INFILTRATION PONDS PLAN
SLFPLY, BRUNSWICK COMM NOR 14 CAROLINA
+r
w
_Ar .v-._ - r"
MTV .tea 1f � �• = _
`.'
Lo
+ f
� U
oe
J _ co
ZZ
Y 44
to
P A- i
.%41'
z
L
CO
w
1' Q
r�
V
frt,.q
Lu
. �Tr OPT
ttv
y y�
r _
(30
pv
r A `ten Bb
=; -,� - aim rs
r, e�yW�'f?u{ � � •�'� � '` � ��S Its r •yu � R�� r, /_�. � i ����` 11.
IF10.
_ , - '•,
ca
rr
i •
N „�rrrr• r'
•
O �
V i+
Is
t
uj
\\ llyy � � f'Y\V■ Q7
r
a)
A
Y.!
+
aQ
ll
� R
jig
a
Lf) -
C'. ijA
co
F�
A-e
71
CD
I love,
Lu
r9
r-
1,9
r-
0
0
CL
CL
co
w
'm
co
M,
L_
im
L_
ca
cm
i-M
w
Amended and Restated Reuse Water Agreement
THIS AMENDED AND RESTATED AGREEMENT (the "Agreement") is made
effective as of , 2010, by and among The Members Club at St. James
Plantation, LLC (the "Me4bers Club"), The Reserve Club at St. James Plantation, LLC (the
"Reserve Club'), and Brunswick County (the "County").
WITNESSETH:
WHEREAS, the Members Club owns an eighteen hole golf course known as the original
Member's Club course (the "Members Course') in the development known as St. James
Plantation in the Town of St. James, Brunswick County, North Carolina; and the Reserve Club
owns an eighteen hole golf course known as the Reserve CIub course in St. James (the "Reserve
Course") (the Members Course and the Reserve Course are referred to collectively as the "Golf
Courses") (the Members Club and Reserve Club are referred to collectively as the "Golf Course
Owners");
WHEREAS, the County previously operated a wastewater treatment facility to serve
portions of St. James Plantation located to the west of Beaver Dam Creek (the "St. James
Facility") (the portion of St. James Plantation located to the east of Beaver Dam Creek is served
by the Southeast Brunswick Sanitary District);
WHEREAS, the County hasconstructed a facility known as the West Brunswick
Regional Wastewater. Treatment Facility (the "Regional Facility"), which receives all wastewater
inflow previously sent to the St. James Facility;
WHEREAS, pursuant to that Amended and Restated Reuse Water Agreement dated
December 1, 2003, by and between the Members Club, St. James Development Co., LLC, and
the County (the "2003 Reuse Water Agreement'), the County agreed to supply treated effluent
reuse water from the St. James Facility or the Regional Facility to irrigate the Golf Courses, and
the Golf Course Owners agreed to accept such reuse water up to an agreed quantity, and the
parties agreed on certain additional matters regarding the provision and acceptance of reuse
water and the operation and maintenance of irrigation facilities; and
WHEREAS, pursuant to that Amended :and Restated Reuse Water Agreement dated June
20, 2005, by and between the Members Club, St. James Development Co., LLC, -and the County
(the "Existing Reuse Water Agreemenfl, the Golf Course Owners agreed to accept additional
reuse water for irrigation, above the amount provided for in the 2003 Reuse Water Agreement,
and the parties agreed on certain additional matters regarding the provision and acceptance of
reuse water, the operation and maintenance of irrigation facilities and the construction of a
gravity flow reuse water line and storage pond with a surface area of approximately 3.8 acres at
the St. James Facility site (such line and pond are referred to collectively as the "Proposed
Facilities'l;
2229371 MOC
ED DEW �EC�1dN
�y�pR0�C�1
��B Zola
WHEREAS, in lieu of constructing the Proposed Facilities, the Golf Course Owners have
proposed altering an existing irrigation pond on the Reserve Course near the St. James Facility
site (the "Existing Irrigation Pond") and the County has agreed to such proposal.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1. Prior Aincement Restated. The Existing Reuse Water Agreement is hereby
amended, restated, superseded and replaced in its entirety by this Agreement.
2. Provision and Acceptance of ReksY water. Until completion of the irrigation
system on the Reserve Course, the County shall pump all reuse water from the Regional Facility
to the existing irrigation ponds on the Members Course. The Members Club shall accept such
reuse water for irrigation of the Members Course, or portions thereof. Upon completion of the
irrigation system on the Reserve Course and necessary connections to the Regional Facility, the
County shall supply reuse water to the Golf Course Owners, and the Golf Course Owners shall
accept such reuse water for irrigation of the Golf Courses, or portions thereof. The Golf Course
Owners agree to accept up tdt_2540
T 'GPD of reuse water for irrigation of the Golf Courses,
subject to applicable permit requirements, with the allocation of such amount between the
Members Course aria the Reserve Course, and the portions of such,' Courses to receive reuse
water, fo be determined by the Golf Course Owners in accordance with applicable permit
requirements. Further, the G&lf Course Owners shall have the right to transfer a portion of such
reuse water to other suitable areas in St. James. The Golf Course Owners and the County shall
cooperate to modify or obtain required permits for irrigation of the Golf Courses and/or other
areas in accordance with this Agreement.
3. Wstina Pond and Reuse Water Li es. The Reserve Club shall provide necessary
easements for a reuse water line from Highway 211 to the Existing Irrigation Pond and for a
connection to the exisdrig reuse water line to the irrigation ponds on the Members Course, The
County, at its expense, shall design, engineer, permit, construct, install, operate and maintain `the
reuse water line from the Regional Facility to the Existing Irrigation Pond and the,reuse water
line to_ the irrigation ponds on the Members Course. -The County shall pay or reimburse the
Reserve Club for (i) the costs of design, engineering and permitting for the expansion of the
Existing irrigation Pond to such size as reasonably determined by the Golf Course Owners to be
appropriate for their irrigation purposes, (ii) a reuse water pump station adjacent to the Existing
Irrigation Pond, and (iii) system features necessary for the Reserve Course irrigation system to
use reuse water. The Reserve Club shall construct the Reserve Course irrigation system, altering
the Existing Irrigation Pond, and construct the pump station adjacent thereto. The County shall
reimburse the Reserve Club for the actual costs of design, engineering and permitting of the
irrigation system and expansion of the Existing Irrigation Pond (currently estimated to be
$42,000). The County shall reimburse the Reserve Club $4.50 per cubic yard of material
excavated in the expansion of the Existing Irrigation Pond, such reimbursement to be made in
installments when the excavation is 50% and substantially completed. The County shall
reimburse the Reserve Club for the actual cost of the reuse water pump station (currently
estimated to be $114,800) upon, substantial completion. Provided, reimbursement for all of the
work described in this Section shall not exceed $406,400, and all such work shall be completed
22a937_I.DOC Page 2 of 5
by July 31, 2010. For expenses to be reimbursed pursuant to this paragraph, the Reserve Club
shall submit a request for payment and documentation regarding completion, and the County
shall make payment within 30 days after receipt of such documentation. Within 60 days of the
date of this Agreement, the County will confirm to the Members Club and the Reserve Club that
the clay liner of the five day pond for the St. James Facility has been rendered safe for use for
residential purposes, including spreading. By December 31, 2009, the County will remove all
remaining pipes from the St. James Facility and the five day pond. The County will indemnify
the Members Club and the Reserve Club from all costs and Iiabilities related to such removal
work and the clay liner.
4. Operation and Maintenance of Irrigation Facilities. The Members Club shall
own, operate and .maintain the irrigation ponds located on the Members Course, and the
irrigation lines, pipes, pumps and other equipment used to irrigate the Members Course. The
Reserve Club shall own, operate and maintain the Existing Irrigation Pond, and the irrigation
lines, pipes, pumps and other equipment msed to irrigate the Reserve Course. The Golf Course
Owners shall provide a certified spray irrigation operator at all times in accordance with 15A
NCAC 80, including site visitation requirements. The Golf Course Owners shall spray an.
average of up to 954,397 GPD of reuse water on the Golf Courses, subject to, applicable permit
limitations• on irrigation during inclement weather or when the ground is in •a condition *that
would -cause runoff. The aesthetic desires or -management of the Golf Courses shall not -be'
justifiable reasons for violating permit, conditions related to irrigation. In the event that either of
the Golf Course Owners fails, to operate and maintain its respective irrigation system so as to
-provide for acceptance of reuse water in accordance -with this Agreement, then the County shall
have the -right to -enter upon the Members Course and/or the Reserve Course, as the case may be,
to perform -such operation and maintenance.
5. "ednit CoMptance Record Keeping. Enforcement an Civil Penalties, The
County shall provide to -the Golf Course Owners copies of all permits, renewals, notices and
correspondence -from DWQ or any other regulatory authority -with respect to the reuse -water and
spray irrigation systems. All reuse water provided �by the County shall meet the requirements
and standards of applicable law and permits. The Golf Course Owners shall have the right'to
suspend acceptance of reuse water during any period. in which the water does not meet applicable
requirements or standards, or., would endanger. health or property. The County shall .be
responsible for conducting all sampling acid testing'of the treated wastewater effluent, as required
by applicable permits. The irrigation operator shall maintain records regarding irrigation of -the
Golf Courses, as required by applicable. permits, and such information shall be provided to the
County in a timely manner. The County shall be responsible for maintaining records regarding
reuse water inflow to the Members Course and Reserve Course ponds, and for submitting all
required reports regarding such reuse water to DWQ. In the event that a civil penalty is assessed
against the County by DWQ for -any alleged permit violation for which the Member Club and/or
Reserve Club is responsible, such responsible party shall remit the amount of the penalty to the
County for payment to DWQ; provided that such party shall have the right to contest any alleged
violation and the County shall cooperate for that purpose. The County shall pay any civil
penalty that results from a permit violation for which the County is responsible.
2n37 I.DX Page 3 of 5
6, Term: Modifications. The initial term of this Agreement shall be 25 years, and
such term shall automatically be extended for c icccagiy ., �;..� of 1 n t�rr unless terminated as
hereinafter provided. Any party to this Agreement shall have the right to terminate ire
i nxs fgreemeru may not De oinerwrse terminated, modifie offended without the
approval and consent of DWQ or other appropriate authority of the State of North Carolina.
modification or amendment shall be in writing specifically referring to this Agreement
signed.by the parties whose obligations are affected by such modification or amendment.
prior
Any
and
7. Su
s&essors and Assigns. This Agreement shall be binding on and shall inure to
the benefit of the parties hereto and their respective successors in interest. The Golf Course
Owners shall have the right to convey all or portions of the Members Course and/or Reserve
Course, without the consent of Brunswick County, provided that any conveyance of any portion
of either Golf Course that is permitted by -DWQ for reuse water irrigation shall be made subject
to the provisions of this Agreement. In the event that either Golf Course Owner conveys the
entire portion of its Golf Course that is permitted for reuse water irrigation, and such conveyance
is made subject to this Agreement, such Golf Course Owner shall have no further obligations
hereunder. Otherwise, the parties hereto -shall not have the right to assign any of their obligations
hereunder, without the prior written consent of the other parties.
8. Miscel laneous. This Agreement constitutes the entire understanding of the parties
hereto, revokes and supersedes all prior agreements between or among the parties hereto
(whether_ written or oral) with respect to the subject inatter hereof, and is intended as a final
expression of their mutual understanding. No waiver by any party hereto of any default shall be
deemed a waiver of any prior or subsequent default under the same or other provisions of this
Agreement. This Agreement may be executed in any number of counterpart signature pages
(including.facsimiie counterpart signature pages), each of which shall be deemed an original and
all of which, taken together, shall constitute one and the same instrument. This Agreement shall
be_ governed by the laws of the State of North Carolina.
IN WITNESS WHEREOF, the parties hereto -have caused this Agreement to be duly
executed as of the day and year first above written.
The Members Club -at St. James Plantation, LLC
By
i anager
The Reserve Club at St, James Plantation, LLC
By its Manager. Annapolis Management Co., LLC
By:
anager T
232937_I.DOC Page 4 of 5
Brunswick County
By: _
William M. Sue, Chairman
Board of Commissioners
This instrument has been pmaudited in the manner required by the Local Government Budget and Fiscal Control Act.
all, a��
Ann B. Hardy, Finance Direct r
Brunswick County, North Carolina
222939_I.DOC Page 5 of 5