HomeMy WebLinkAboutWQ0031396_Final Permit_20190328ROY COOPER
Governor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 28, 2019
JACK MINSKI — MANAGING MEMBER
LAKE POINT PROPERTIES ON SANTEETLAH, LLC
1815 GRIFFIN ROAD — SUITE 404
DANIA, FLORIDA 33004
Subject: Permit No. WQ0031396
Santeetlah Lakeside WWTP
Reclaimed Water Generation and
Dedicated Utilization System
Graham County
Dear Mr. Minski:
In accordance with your permit change of ownership request received December 19, 2018, and
subsequent additional information received March 27, 2019, we are forwarding herewith Permit No.
WQ0031396 dated March 28, 2019, to Lake Point Properties on Santeetlah, LLC for the construction only
of the subject reclaimed water generation and dedicated utilization facilities.
The following modifications to the subject permit are as follows: the permittee has changed from
Ibex Thunderbird, LLC to Lake Point Properties on Santeetlah, LLC.
This permit shall be effective from the date of issuance through July 31, 2024, shall void Permit
No. WQ0031396 issued May 15, 2007, and shall be subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than February 2, 2024.
Please pay attention to the monitoring requirements listed 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.
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. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Tessa Monday at (919)
707-3660 or tessa.monday cl ncdenr.gov.
Sincerely,
;Inda Culpepper, Director
Division of Water Resources
,,_ North Carolina Department of Environmental Quality I Division of Water Resources
��Qffw��/n 512 North Salisbury Street ( 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Mr. Jack Minski
March 28, 2019
Page 2 of 2
cc: Graham County Health Department (Electronic Copy)
Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RECLAIMED WATER GENERATION AND DEDICATED UTILIZATION 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
Lake Point Properties on Santeetlah, LLC
Graham County
FOR THE
construction only of a 4,120 gallon per day (GPD) reclaimed water generation and dedicated utilization
facility consisting of:
an influent flow measuring device; a 5,000 gallon baffled. septic tank with an effluent filter; a 3,750 gallon
flow equalization tank with two submersible pumps rated at 30 gallons per minute (GPM), and
audible/visual high-water alarms; a Bioclere Unit Model # 24/20 with a 1,847 gallon lst stage and 2,377
gallon 2nd stage trickling filter, and four submersible dosing pumps rated at 10 GPM; a Bioclere unit Model
# 24/24 with a 1,600 gallon clarifier, and two submersible sludge return pumps rated at 35 GPM; a sand
filter feed tank with two centrifugal self -priming feed pumps rated at 15.7 GPM and audible/visual high-
water alarms; two automatic backwash sand filters; a filter backwash tank with two centrifugal self -priming
backwash pumps rated at 48 GPM; a chemical feed tank with a pump for pH adjustment and'/4 horsepower
(hp) mixer; four ultraviolet (UV) disinfection banks each with two lamps and rated for 40 GPM; a
turbidimeter; a standby generator; an effluent flow measuring device; four 15,000 gallon interconnected
storage tanks; a 3,490 gallon dosing tank with two submersible turbine pumps and audible/visual high-
water alarms; two 10,300 gallon interconnected tanks providing five day upset storage with a submersible
20 GPM return pump; a 0.46 acre drip irrigation area with four fields; and all associated piping, valves,
controls, and appurtenances
to serve the Santeetlah Lakeside WWTP consisting of 26 bedrooms on 13 residential lots, a private
bathhouse restroom, and a 1,500 square foot (ft2) food stand, with no discharge of wastes to surface waters,
pursuant to the application received December 19, 2018, subsequent additional information received March
27, 2019, and in conformity with the Division -approved plans and specifications considered a part of this
permit.
This permit shall be effective from the date of issuance through July 31, 2024, shall void Permit No.
WQ0031396 issued May 15, 2007, and shall be subject to the following conditions and limitations:
WQ0031396 Version 1.1 Shell Version 190313 Page 1 of 13
I. SCHEDULES
1. Prior to the Division permitting operation of the subject facilities, the Permittee shall submit a plat map
that has been recorded in the Graham County Register of Deeds. The plat map shall delineate the exact
location of the recreational amenity, and note the recreational amenity as the responsibility of the
Homeowners Association (HOA). [15A NCAC 02T .0108(b)(1)(B)]
2. Prior to the Division permitting operation of the subject facilities, the Declaration of Covenants,
Bylaws, etc. shall be amended to include information about the proposed recreational amenity. This
information shall include the residential owners financial responsibilities to upkeep and maintain the
recreational amenity through the contracted landscaping company. In addition, a budget shall be
provided showing how much each residential owner must annually pay to maintain the recreational
amenity. The aforementioned documents shall be submitted to the Division along with a minor permit
modification application requesting to operate the subject reclaimed water generation and dedicated
utilization facility. These documents shall also be in compliance with Condition H.6. and the attached
Operational Agreement. [15A NCAC 02T .0 1 08(b)(1)(B)]
Upon completion of construction and prior to operation of the permitted facility, the Permittee shall
submit an engineering certification from a North Carolina licensed Professional Engineer certifying
that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative
Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. For
phased and partially certified facilities, the Permittee shall retain the responsibility to track further
construction approved under this permit and shall provide a final engineering certification upon proiect
completion. Mail the Engineering Certification to the Division of Water Resources, Non -Discharge
Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports(a)ncdenr.gov.
[15A NCAC 02T .0116(a)]
4. The Permittee shall notify the Asheville Regional Office, telephone number (828) 296-4500, at least
two business days in advance of initial operation of the constructed facilities so that the Division can
conduct a startup inspection. [15A NCAC 02T .4108(b)(1)(B)]
5. The Asheville Regional Office, telephone number (828) 296-4500, shall approve monitoring wells
MW-1 and MW-2 prior to installation, and the monitoring wells shall be installed prior to beginning
waste disposal operations. The Asheville Regional Office shall be notified at least two business days
in advance of construction of any monitoring well. The monitoring wells shall be constructed such
that the water level in the well is never above or below the screened portion of the well, and in
accordance with 15A NCAC 02C .0108. The general location and Division -approved name for each
monitoring well is on Figure 1. [15A NCAC 02C .0108, 02T .0108(b)(1)(B)]
WQ0031396 Version 1.1 Shell Version 190313 Page 2 of 13
6. Within 90 days of completing installation of monitoring wells MW-1 and MW-2, the Permittee shall
submit two original copies and one digital copy 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. The
map shall include the following information:
a. Legend, north arrow, scale, and legible in black and white.
b. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief.
c. All habitable residences or places of assembly within 500 feet of the irrigation area.
d. 'Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds,
ditches, and other surface drainage features within 500 feet of the irrigation area.
e. Location and identification of each monitoring well (identify any background/upgradient wells).
f. Latitude and longitude coordinates of each monitoring wells (decimal degrees to the sixth decimal
degree and in NAD83).
g. Location and identification of major components of the waste disposal system.
h. The perimeter of all irrigation areas with field names (named according to the approved permit)
i. Location and ownership of property boundaries within 500 feet of the irrigation area (including
road/rail right-of-ways and easements).
j. Latitude and longitude ofthe established horizontal control monument (decimal degrees to the sixth
decimal degree).
k. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum.
1. Depth of water below the measuring point at the time the measuring point is established.
m. Delineation of the compliance and review boundaries.
n. Distance measurements verifying all setbacks are being met.
o. Stormwater drainage controls.
p. 100-year floodplain.
q. The date the map is prepared and/or revised.
Boundaries and physical features not under purview of other licensed professions shall be provided by
a Professional Surveyor. 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, Non -
Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-
Dischar e.Re orts,ir ncdenr.v-ov. [15A NCAC 02C .0105(f), 02T .0108(b)(1)(B)]
7. Within 30 days of construction, a Well Construction Record (Form GW-I) listing this permit number
and the appropriate monitoring well identification number shall be completed for each well constructed,
and mailed to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center,
Raleigh, NC 27699-1617, or Non-Discharge.Reports@ncdenr.gov. A North Carolina Certified Well
Contractor shall construct the monitoring wells according to the North Carolina Well Construction
Standards (15A NCAC 02C .0113) and local county rules. [15A NCAC 02C .0113, 02T
.0108(b)(1)(B)]
8. The Permittee shall request renewal of this permit on Division -approved forms no later than February
2, 2024. [15A NCAC 02T .0105(b), 02T .0109]
WQ0031396 Version 1.1 Shell Version 190313 Page 3 of 13
H. PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject reclaimed water facilities 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, the Permittee shall take immediate corrective actions, including Division
required actions, such as the construction of additional or replacement reclaimed water generation and
utilization facilities. [15A NCAC 02T .0108(b)(1)(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 02T .0108(b)(1)(A)]
3. Groundwater monitoring wells 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 limitations for generated reclaimed water shall not exceed those specified in Attachment A.
[15A NCAC 02U .0301]
5. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g)]
6. The attached Operational Agreement shall be a condition of this permit. Noncompliance with the terms
of the Operational Agreement shall subject the Permittee to all sanctions under G.S. 143-215.6A, G.S.
143-215.613, and G.S. 143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. [15A NCAC 02T .0115]
7. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public
or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)]
8. 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 as follows:
a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or
equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER -
DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated
every three feet or less;
b. Identification tape shall be at least three inches wide and have white or black lettering on purple
(Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT
DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least
every 10 feet to each pipe length and run continuously the entire length of the pipe; and
c. Existing underground distribution systems retrofitted for the purpose of conveying reclaimed water
shall be taped or otherwise identified as noted IV.5.a. and IV.5.b. 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.
[ 15A NCAC 02U .0403 (c)]
9. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation
by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U
.0403(d)]
10. 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 that can only be operated by a tool may be placed above ground and
labeled as non -potable water. [15A NCAC 02U .0403(e)]
WQ0031396 Version 1.1 Shell Version 190313 Page 4 of 13
11. There shall be no direct cross -connections between the 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)]
12. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below
any water line if practicable. If 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 (g), 02U .0403 (h)]
13. Reclaimed water distribution lines shall not be less than 50 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. [15A NCAC 02U .0403(g), 02U .0403(i)]
14. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with
15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)]
15. Reclaimed water irrigation fields permitted on or after September 1, 2006 have compliance and review
boundaries established at the irrigation area boundaries. Any exceedance of groundwater standards at
or beyond the compliance boundary shall require corrective action. Division -approved relocation of
the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under
common ownership and permitted for use as a disposal system shall be treated as a single property with
regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02U
.0501(a)(6), G.S. 143-215.1(i), G.S. 143-215.1(k)]
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 (i.e., parcel subdivision). [ 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]
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 Graham
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)]
WQ0031396 Version 1.1 Shell Version 190313 Page 5 of 13
19. The facilities herein were permitted per the following setbacks:
a. The reclaimed water irrigation sites were originally permitted May 15, 2007. The setbacks for drip
irrigation sites originally permitted or modified from September 1, 2006 to June 17, 2011 are as
follows (all distances in feet):
i. Surface waters classified SA: 100
ii. Surface waters not classified SA: 25
iii. Each well with exception of monitoring wells: 100
[15A NCAC 02T .0912(b)]
b. The storage and treatment units were originally permitted May 15, 2007. The setbacks for storage
and treatment units originally permitted or modified from September 1, 2006 to June 17, 2011 are
as follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 100,
ii. Each private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
v. Each property line: 50 2
1 Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[I 5A NCAC 02T .0912(a)]
M. OPERATION AND MAINTENANCE RE UIREM ENTS
1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC
02U .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the operation of the system in detail to show what operations are necessary for the
system to function and by whom the operations are to be conducted;
b. A description of anticipated maintenance of the system;
c. Provisions for safety measures, including restriction of access to the site and equipment; and
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation, and contact information for personnel, emergency responders, and
regulatory agencies;
[15A NCAC 02U .0801(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. 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)]
WQ0031396 Version 1.1 Shell Version 190313 Page 6 of 13
5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U
.0801(b)]
6. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02U .0801(c)]
7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)]
8. The reclaimed water utilization system shall be connected to a rain or moisture sensor that shall indicate
when reclaimed water application is not appropriate in accordance with Conditions II1.6. and 111.7.
9. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d)]
10. Only reclaimed water generated from the Santeetlah Lakeside WWTP shall be irrigated on the sites
listed in Attachment B. [15A NCAC 02U .0101]
11. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [ 15A NCAC 02U .0801(e)]
12. The Permittee shall prohibit public access to the wastewater treatment and storage facilities. [15A
NCAC 02U .0402(e)]
13. 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(a)(2)]
14. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC
02T .1100, 02U .0802].
15. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject
facilities. [15A NCAC 02U .0402(g)]
16. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02U .0801(g)]
17. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)]
18. 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 .0401(d)]
19. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be
routed to the five day upset storage tanks until the problems associated with the reclaimed water
generation system have been corrected. The water in the five day upset storage tanks shall be pumped
back to the treatment plant headworks for re -treatment or treated in the five day upset storage tanks
prior to utilization. [15A NCAC 02U .0402(d)]
20. The Permittee shall provide notification to the public and its 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(a)(2)]
WQ0031396 Version 1.1 Shell Version 190313 Page 7 of 13
21. The Permittee shall develop and implement an education program to inform users and its 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 .0541(a)(4)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
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. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the
parameters specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of reclaimed water irrigated. These records
shall include the following information for each irrigation site listed in Attachment B:
a. Date of irrigation;
b. Volume of reclaimed water irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
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-1 for every site in Attachment B shall be submitted on or before the last day of the
following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(1)]
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7. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. 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 02U .0802(b)]
8. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Date of turbidimeter calibration;
d. Date and results of power interruption testing on alternate power supply;
e. Visual observations of the plant and plant site; and
f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.); and
g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date
of occurrence, estimated volume, and corrective action taken.
[15A NCAC 02U .0801(h)]
9. Monitoring wells MW-1 and MW-2 shall be sampled after construction, and within three months prior
to initiating reclaimed water utilization operations. Monitoring wells MW-1 and MW-2 shall be
sampled thereafter at the frequencies and for the parameters specified in Attachment C. All manning,
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 MW-1 and MW-2, 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
maybe returned to the Permittee without being processed. [15A NCAC 02T .0105(m)]
11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[ 15A NCAC 02T .0105(m)]
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12. Noncompliance Notification:
The Permittee shall report to the Asheville Regional Office, telephone number (828) 296-4500, within
24 hours of first knowledge 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.) rendering the facility incapable of
adequate wastewater treatment.
c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters.
d. 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.8.g. but do not require Regional Office notification.
e. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
f. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All
noncompliance notifications shall file a written report to the Asheville Regional Office within five days
of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure
the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed
water generation and utilization facilities. [15A NCAC 02U .0801(i)] .
2. The Permittee shall inspect the reclaimed water generation and utilization facilities to prevent
malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the
environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection
log that includes the date and time of inspection, observations made, and 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 02U .0801(h), 02U .0801(i)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the reclaimed water generation and utilization facilities permitted
herein at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
WQ0031396 Version 1.1 Shell Version 190313 Page 10 of 13
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143-
215.1(0)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02U;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
WQ0031396 Version 1.1 Shell Version 190313 Page 11 of 13
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[ 15A NCAC 02T .0120(c)]
Permit issued this the 28'h day of March 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
;Linda Culpepper, Director
0 Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0031396
WQ0031396 Version 1.1 Shell Version 190313 Page 12 of 13
Permit No. WQ0031396 Reclaimed Water Generation and Dedicated Utilization System
Lake Point Properties on Santeetlah, LLC March 28, 2019
Santeetlah Lakeside WWTP Graham County
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
I, , as a duly licensed North Carolina Professional
Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby
state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and
specifications.
Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the
attached as -built drawings.
Description of variations:
Professional Engineer's Name
Firm Name Firm No.
Address
City State Zip Code
Telephone Email Seal, Signature, and Date
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
NON -DISCHARGE BRANCH
By U.S. Postal Service By v Courier/Special Deliver:
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
WQ0031396 Version 1.1 Shell Version 190313 Page 13 of 13
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STATI; OF NORTH C.AROLINA
COUNTY OF _�'t.�e' a Permit No. 00313 9s;
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this Z I-" day
of
Z p 1Q+ , by and between the North Carolina Environmental Management
Commission, an agency of the Scat; of North Carolina, hereinafter known as the COMMISSION; and
t.ti�. u^4
Z- ?r.) _ . a corporation general partnership registeredl5censed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
W ITNESSETI L
I . The DEVELOPER is the owner of the certain lands lying in G County, upon
which it is erecting and a ill erect dwelling units and other improvements, said development to be known
as -a•vk % A,.Vc. (hereinafter the Development).
2. The DEVELOPER desires, to construct a wasteN ater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to
serve the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit Owners' Association) -(hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW. THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVEWPERz 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 Declar
3. The DEVELOPER shall not transfer, coney, assign or otherwise relinq t e jeVtiy ,onsibil ty
for the operation and maintenance of its Disposal System unt I a perr*oft, TQFDWksued to 1e
DEVELOPER's successor.
FORM: DEV 1 1-17 f 2 7 MAR 2019 Past t 2
Non -Discharge
Unit
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 a:'
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 casements 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
12Lmda Culpepper, interim Director
Division of Watcr Resources
3_�za li
(Date)
Vtkkc 9- —, 9---jeEA-iV4 s
Name of DEVELOPER
C�
B -
(Signature)
3rU(- oA ;)t4 /114 A
Print Name and Title
(Date)
FORM: DEV l 1-17 Page 2.of 2