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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)] WQ0031396 Version 1.1 Shell Version 190313 Page 8 of 13 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)] WQ0031396 Version 1.1 Shell Version 190313 Page 9 of 13 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 THIS PAGE BLANK C� .O F Y Y Y Y Y t Y ti 'N •f� •N •VJ •Vl •y •V1 a y y f� o 0 o b o 0 � 0 h 0 -fl o 0 0 b 0 0 0 0 0 0 0 c7 0 0 0 o nF Qn U U U U U U U U U U U U a O L' R 'ca C6 O 'cd Sy C6 yyyy CG f{yy C 7y.yy CC yy [6 W G IFI ; N N N U 0 11 �u O U N NN cd en en u _ o 0 A e C In N � � a a d W C •i � a w cgo p a � � � a wCM0 o � p • � � (� v� O � � O H � O .••� .Y+ O Y � Y � d o o w W = . 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U F z z o z c� ° a ?? > H b v c c U p V 00 z rn V1 U P.� 0 0 en o 0 0 0 t- 00 0 U 34 k i 00 ,o U 0 0 A N 6" U U U O Tj a� oQ O p" bab "o cd o Ub - b 0 0 � ° y 00 OD > p cd O" U 7 O° 0 0 O 'O S T RO_o .t O G y cYd cYd a� � w ° U O �0 o o Z C G =-=Lo00 6" W O O °..a° S oo cda > 3 ° a o o Id0 cy cda� Pa.�aUU 5 p� b o0 o o aQ s ° Y,101ONO o ��N� c� b,,o G •b 'd 7J U j„ Cd Y ^O o��� U> cd p o 'O U cd O U .. N c*1 4 0 0 tn N 00 kn tl- A Ax W mm", FMIA.DNINNV'IZ-DUMMN ILDOS sV� 4 o Y16VMKLWH 'ALNf1001FYH M an xs as aura dm- 3a9S3NVI HVU331NVS a E1,:16 N /dl :mas MLSA8 M31W-UB%M N MVHd yyy EAltO �wA pr 33 - Lz, � U1N 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