Loading...
HomeMy WebLinkAboutWQ0033097_Final Permit_20190604ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director ERIC RIFKIN — ASSISTANT VICE PRESIDENT EATON'S CROSSING NC LP 56 HUNTER STREET — SUITE 110 APEX, NORTH CAROLINA 27502 Dear Mr. Rifkin: NORTH CAROLINA Environmental Quality June 4, 2019 Subject: Permit No. WQ0033097 Eaton's Crossing WWTP Wastewater Irrigation System Warren County In accordance with your permit renewal request received March 19, 2019, we are forwarding herewith Permit No. WQ0033097 dated June 4, 2019, to Eaton's Crossing NC LP for the continued operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance through May 31, 2025, shall void Permit No. WQ0033097 issued May 31, 2013, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than December 2, 2024. Please pay attention to the monitoring requirements listed Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit conditions since the last permit issuance dated May 31, 2013: ➢ Old Condition VI.2. — This permit is not voidable. ➢ Attachment A — Total Dissolved Solids and Chloride were removed from the required effluent monitoring parameters because this facility does not have groundwater monitoring wells. The following permit conditions are new since the last permit issuance dated May 31, 2013: ➢ Condition II1.16. — Requires metering equipment to be tested and calibrated annually. ➢ Condition IV.9.b. — Requires date of irrigation equipment calibration to be recorded in the maintenance log. ➢ Condition VI.10. — States this permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. ➢ Attachment A — Effluent monitoring for Total Kjeldahl Nitrogen has been added and a PPI has been added with reduced monitoring requirements for flows less than 10,000 GPD. North Carolina Department of Environmental Quality I Division of Water Resources E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 v 919.707.9000 Mr. Eric Rifkin June 4, 2019 Page 2 of 2 If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Ashley Kabat at (919) 707-3658 or ashley.kabatgncdenr.gov. Sincerely, w in Culpepper, Director iv ision of Water Resources cc: Warren County Health Department (Electronic Copy) Raleigh 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 RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Eaton's Crossing NC LP Warren County FOR THE continued operation of a 24,690 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a dual -train wastewater treatment plant with an electromagnetic influent flowmeter; a 3 millimeter (mm) fine screen with automatic auger and screenings press; a 9,466 gallon flow equalization tank with a coarse - bubble diffuser served by two 30 cubic feet per minute (CFM) blowers and two 35 gallon per minute (GPM) pumps; two 9,605 gallon anoxic tanks each served by two 2.1 horsepower (hp) submersible mixers and a 2.5 gallon per hour (GPH) carbon -source metering system; two 6,744 gallon aeration tanks each with fine - bubble diffusers served by dual 245 CFM blowers and a 2.5 GPM alum metering system for phosphorous removal; two flat plate -type membrane bioreactors (MBR) each with a 15 square foot (ft2) membrane area with an air -scour system served by the aforementioned dual 245 CFM blowers and two 210 GPM anoxic recycle pumps; a 325 gallon storage tank for membrane cleaning; a 1,100 gallon chemical storage tank for used cleaning solution; a 15,000 gallon aerobic digester with a coarse -bubble diffuser served by the aforementioned dual 245 CFM blowers; an ultraviolet (UV) disinfection unit with two banks containing four UV lamps each; a concrete lift station with dual 70 GPM pumps; an electromagnetic effluent flowmeter; a 125 kilowatt (kW) auxiliary generator for backup power supply to essential treatment units; a 0.9 million gallon (MG) synthetically -lined wet weather storage pond; dual 124 GPM irrigation dosing pumps; a 10.7 acre spray irrigation area containing 10 zones; and all associated piping, valves, controls, and appurtenances to serve the Eaton's Crossing WWTP, with no discharge of wastes to surface waters, pursuant to the application received March 19, 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 May 31, 2025, shall void Permit No. WQ0033097 issued May 31, 2013, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall request renewal of this permit on Division -approved forms no later than December 2, 2024. [15A NCAC 02T .0105(b), 02T .0109] WQ0033097 Version 2.0 Shell Version 181105 Page 1 of 11 H. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject non -discharge 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, or failure of the irrigation areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [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. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0505(b)] 4. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] 5. 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] 6. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent irrigation during precipitation events or wet conditions. [15A NCAC 02T .0505(x)] Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary, whichever is closest to the wastewater irrigation area. 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(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)] 8. The review boundary is midway between the compliance boundary and the wastewater irrigation area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L.0106(d)(1), 02L .0108] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] 10. 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] 11. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Warren 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)] WQ0033097 Version 2.0 Shell Version 181105 Page 2 of 11 12. The facilities herein were permitted per the following setbacks: a. The irrigation sites were originally permitted September 12, 2008. The setbacks for spray irrigation sites originally permitted or modified from September 1, 2006 to August 31, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 400 1,3 ii. Each habitable residence or place of assembly owned by the Permittee: 200 iii. Each private or public water supply source: 100 iv. Surface waters: 100 v. Groundwater lowering ditches: 100 vi. Surface water diversions: 25 vii. Each well with exception of monitoring wells: 100 viii. Each property line: 150 2, 4 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Each swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Each building foundation or basement: 15 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. 3 Per setback waivers recorded in the Warren County Register of Deeds, reduced setbacks from the wetted area to any habitable residence or place of assembly under separate ownership are as follows: Description Parcel No. Deed Book / Page Setback Easement Clubhouse 3000253281 1032 / 795-796 240 feet 160 feet Condo 1 3000253281 1032 / 797-798 28 feet 382 feet Condo 2 3000253281 1032 / 799-800 32 feet 368 feet Condo 3 3000253281 1032 / 801-802 24 feet 376 feet Condo 4 3000253281 1032 / 803-804 29 feet 371 feet Condo 5 3000253281 1032 / 805-806 130 feet 270 feet Condo 6 3000253281 1032 / 807-808 287 feet 113 feet Lot 1 3000249247 1032 / 809-810 95 feet 305 feet Lot 2 3000248390 1032 / 811-812 85 feet 315 feet Lot 3 3000248352 1032 / 813-814 85 feet 315 feet Lot 4 3000248305 1032 / 815-816 92 feet 308 feet Lot 5 3000247368 1032 / 817-818 91 feet 309 feet Lot 6 3000247422 1032 / 819-820 91 feet 309 feet Lot 7 3000246495 1032 / 821-822 91 feet 309 feet WQ0033097 Version 2.0 Shell Version 181105 Page 3 of 11 Lot 8 3000246459 1032 / 823-824 87 feet 313 feet Lot 9 3000246523 1032 / 825-826 122 feet 278 feet Lot 10 3000245587 1032 / 827-828 108 feet 292 feet Lot 11 3000245650 1032 / 829-830 136 feet 264 feet Lot 12 3000245624 1032 / 831-832 167 feet 233 feet Lot 13 3000247422 1032 / 833-834 220 feet 180 feet Lot 14 3000244725 1034 / 375-376 232 feet 168 feet Lot 15 3000244725 1034 / 377-378 227 feet 173 feet Lot 16 3000243861 1032 / 835-836 230 feet 170 feet Lot 17 3000243824 1032 / 837-838 274 feet 126 feet Lot 18 3000242887 1032 / 839-840 266 feet 134 feet Lot 19 3000242941 1032 / 841-842 294 feet 106 feet Lot 20 3000241967 1032 / 843-844 1032 / 847-848 367 feet 352 feet 33 feet 48 feet Lot 48 3000253534 Lot 49 3000254476 1032 / 849-850 321 feet 79 feet Lot 50 3000255426 1032 / 851-852 282 feet 118 feet Lot 51 3000255477 1032 / 853-854 243 feet 157 feet Lot 52 3000256484 1032 / 855-856 141 feet 259 feet Lot 53 3000256570 1032 / 857-858 198 feet 202 feet Lot 54 3000256556 1032 / 859-860 285 feet 115 feet Lot 55 3000256620 1032 / 861-862 335 feet 65 feet Lot 56 3000256605 1032 / 863-864 385 feet 15 feet Lot 64 3000257770 1032 / 865-866 381 feet 19 feet Lot 65 3000257696 1032 / 867-868 332 feet 68 feet Lot 66 3000258611 1032 / 869-870 284 feet 116 feet Lot 67 3000258536 1032 / 871-872 236 feet 164 feet Lot 68 3000257770 1032 / 873-874 191 feet 209 feet Lot 69 3000258465 1032 / 875-876 191 feet 209 feet Lot 70 3000258359 1032 / 877-878 76 feet 324 feet Lot 71 3000259348 1037 / 109-110 88 feet 312 feet Lot 72 3000259394 1037 / 111-112 96 feet 304 feet Lot 73 3000350352 1037 / 113-114 75 feet 325 feet Lot 74 3000351410 1037 / 115-116 194 feet 206 feet Lot 75 3000350496 1037 / 117-118 235 feet 165 feet Lot 76 3000350581 1037 / 119-120 270 feet 130 feet Lot 77 3000350586 1037 / 121-122 304 feet 96 feet Lot 78 3000350671 1037 / 123-124 341 feet 59 feet Lot 79 3000350666 1037 / 125-126 381 feet 19 feet WQ0033097 Version 2.0 Shell Version 181105 Page 4 of 11 Lot 92 3000352553 1032 / 887-888 375 feet 25 feet Lot 93 3000352468 1032 / 889-890 338 feet 62 feet Lot 94 3000352472 1032 / 891-892 297 feet 103 feet Lot 95 3000352365 1032 / 893-994 246 feet 154 feet Lot 96 3000352239 1032 / 895-896 191 feet 209 feet Lot 97 3000351294 1032 / 897-898 139 feet 261 feet Lot 98 3000351159 1032 / 899-900 70 feet 330 feet 4 Per setback waivers recorded in the Warren County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Description Parcel No. Deed Book / Page Setback Easement Condo 1 3000253281 1032 / 797-798 28 feet 122 feet Condo 2 3000253281 1032 / 799-800 32 feet 118 feet Condo 3 3000253281 1032 / 801-802 24 feet 126 feet Condo 4 3000253281 1032 / 803-804 29 feet 121 feet Condo 5 3000253281 1032 / 805-806 130 feet 20 feet Lot 1 3000349247 1032 / 809-810 75 feet 75 feet Lot 2 3000248390 1032 / 811-812 65 feet 85 feet Lot 3 3000248352 1032 / 813-814 70 feet 80 feet Lot 4 3000248305 1032 / 815-816 72 feet 78 feet Lot 5 3000247368 1032 / 817-818 71 feet 79 feet Lot 6 3000247422 1032 / 819-820 71 feet 79 feet Lot 7 3000246495 1032 / 821-822 70 feet 80 feet Lot 8 3000246459 1032 / 823-824 67 feet 83 feet Lot 9 3000246523 1032 / 825-826 69 feet 81 feet Lot 10 3000245587 1032 / 827-828 88 feet 62 feet Lot 11 3000245650 1032 / 829-830 117 feet 33 feet Lot 12 3000245624 1032 / 831-832 149 feet 1 foot Lot 52 3000256484 1032 / 855-856 120 feet 30 feet Lot 69 3000258465 1032 / 875-876 133 feet 17 feet Lot 70 3000258359 1032 / 877-878 66 feet 84 feet Lot 71 3000259348 1037 / 109-110 76 feet 74 feet Lot 72 3000259394 1037 / 111-112 74 feet 76 feet Lot 73 3000350352 1037 / 113-114 63 feet 87 feet Lot 98 3000351159 1032 / 899-900 60 feet 90 feet [15A NCAC 02T .0506(a), 02T .0506(d), 02T .0506(e), 02T .0506(f)] WQ0033097 Version 2.0 Shell Version 181105 Page 5 of 11 b. The storage and treatment units were originally permitted September 12, 2008. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 to August 31, 2018 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. [15A NCAC 02T .0506(b), 02T .0506(e), 02T .0506(f)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02T .0500] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0507(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. 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 02T .0507(b)] 5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0507(c)] 6. 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 02T .0505(x)] 7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0507(d)] 8. Only treated effluent from the Eaton's Crossing WWTP shall be irrigated on the sites listed in Attachment B. [15A NCAC 02T .0501] 9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [15A NCAC 02T .0507(e)] 10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities. [15A NCAC 02T .0505(q)] 11. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .0508, 02T .1100]. WQ0033097 Version 2.0 Shell Version 181105 Page 6 of 11 12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .05050)] 13. Freeboard in the 0.9 million gallon (MG) synthetically -lined wet weather storage pond shall not be less than two feet at any time. [15A NCAC 02T .0505(d)] 14. A gauge to monitor waste levels in the 0.9 million gallon (MG) synthetically -lined wet weather storage pond shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0507(f)] 15. 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 02T .0507(g)] 16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)] 17. 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 02T .0505(1)] IN. 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 treated effluent 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 effluent irrigated. These records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] WQ0033097 Version 2.0 Shell Version 181105 Page 7 of 11 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 0.9 million gallon (MG) synthetically -lined wet weather storage pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] Three copies of all monitoring data (as specified in Conditions IV.3. and IV A.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) 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(l)] 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 02T .0508(b)] 9. 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 and results of power interruption testing on alternate power supply; d. Visual observations of the plant and plant site; and e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [I 5A NCAC 02T .0507(h)] 10. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for five years, and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [I 5A NCAC 02T .0108(c)] WQ0033097 Version 2.0 Shell Version 181105 Page 8 of 11 11. Noncompliance Notification: V. The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, 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 facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. 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 Raleigh 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)] 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [ 15A NCAC 02T .0507(i)] 2. The Permittee shall inspect the wastewater treatment and irrigation 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 02T .0507(h), 02T .0507(i)] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and irrigation 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)] 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)] WQ0033097 Version 2.0 Shell Version 181105 Page 9 of 11 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)] 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 02T; 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] 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. [I 5A NCAC 02T .0120(c)] WQ0033097 Version 2.0 Shell Version 181105 Page 10 of 11 11. Pursuant to the flow reduction request received April 10, 2008, and approved May 13, 2008, the Division accepts the data -based design flow rate of 90 gallons per day per bedroom (GPDBR) for the users served by this facility. At no time shall wastewater flows exceed the limits defined in this permit, or exceed the sewer capacity downstream of any new sewer extension or service connection. The Permittee shall report the measured monthly average amount of wastewater flow contributed per unit (GPDBR) for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved value, the Permittee shall reevaluate the approved value using the methodology applied to determine the approved flow rate of 90 GPDBR, and submit this information with the renewal application for reevaluation of the approve flow rate. [15A NCAC 02T .0114(f)] 12. The Permittee shall retain the Division's written approval of the authorized adjusted daily design flow rate for the life of this facility, and shall transfer this approval to any future Permittee. [15A NCAC 02T .0114(f)] Permit issued this the 4r' day of June 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Linda Culpepper, Director O Division of Water Resources By Authority of the Environmental fement Commission Permit Number WQ0033097 WQ0033097 Version 2.0 Shell Version 181105 Page 11 of 11 THIS PAGE BLANK z = � H c7 U�' c7 t7 c7 C7 c7 C7 c� W aG ; x a w a z A e e F� A C a � F � � Z s o W C •s. N � fTi o W C7 pp O �i 'o d 6 E aU b i 6 a o � M a C o � a •�, as b O 4 CC34 Z H o o 0 0 0 Q w b w O o c =Y = o Z Z Z Z a w O O O v1 O ro O N z x a a G O O N P ❑ Z L x x x x x x x x x 7 .x R A E 0 E a, F A a R d W q i O L OA O CO C Cd a o � ► ° O aFi coCl m Qn 0 0 W m U k, z z z z n P. ri O �p kn CZ) N N O Cl � M Jul, OOO OO M V1 O O O O O O O rm N Cd Q 0 N O N I w N N N O N N O U N O O O N G) 0 01 N 0 U u U U U U U U U U U U U U U C.)Q .1i U .fr U u k cd 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 DO 00 00 d C O C O O O O C O O O C C C C O O 0 M M M M M M M M M M M M M M M rn M M z o F 7 N N N N N N N N N N N N N N N N N N H a o 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 x jy a N �// N �// N a// N N O .�// EJ te�a// N �// C] �// O �// N .C.// N t�/ N GJ N N OJ O ❑ O00-4 OC 0F1 O OC OC. OC O F i .yOC .� U U U U U U U U U c> 2 U U 2 U 0-4 c o a a a a a a a c u n . a a a c a a ` d bo ao ao ao 00 00 on co on ou on co en o0 0o bn co ou 41 U U v1 U Ul C.) C.)U U U y U ul U U U h U y U y U y U U U fa A Q .4 .4 Q Q Q Q C? (� A Ca Ca A Q A Ca C G C C C C C C Q C C q C Q C C C C O z I O z I O z I O Z I O z I O Z% I O I O Z I O Z I O Z I O z I O z I O z O z O z O z O z O z I I I I I I 00 00 00 00 00 00 00 00 00 00 ao ao 00 00 00 00 00 00 N_ N N_ O O O O O O O O O O O O O .r O CDO _ O O "Cir•1 rp•1 p�l �1 p'1 •1 rC �pl °0v) �cn.a�aQn cc.4V)3V)acaGa[/ Ul Vr av)14V) V aV) cn V) u�u�u�u�u�u�u�u� uu) � di u� � �uuu� � � uu co ++ i M N l- [-- CD lD Cl�O eF r M M ON l 00 lD O M �D W 00 N [- h V1 N O d' C Cl C. C O C C C O C C O O C d 0 0 eF 'fl 0 l� 0 N 0 N 0 N 0 N 0 M 0 CD 0 M 0 C1 0 0 't O N 0 � 0 M 0 N 0 C\ n It 00 �o O 00 l- N l-- �o N _ O W1 ON l- �o M O r . N N [� kn 00 O 01 m 00 00 lC l� O Q1 D1 01 CN C\ C1 00 01 00 ON 00 Q1 00 00 00 0 p ON OND1 as n O� � C� � Q1 � Q1 ON � O) O� 01oo O 0 0 0 0 0 0 0 0 Ci M � .--� M � � O in 0 0 V1 0 0 � 0 � 0 kn 0 �' 0 00 ' �D [- N l- �o C1 00 �O C� N In CN O a, In O \O M � �o .--� kn O �o ID v) 110 Wn In �O �p l to l� kn O L kn �o O In �D In O \O v1 O 110 O wl O C. �O � �O � r W kn kO n kn tq �O a � � M � � �6 M M M M M M M M K1 M M M M M M M M w � C C C C C C C C C ❑ C C C C � C C C � N U C N O N N N N N N N C O N N N 3 3N F d 0-47 a a. a a a a w a a a a z z z z z z z z z z z z z z z z z z w on o0 u o0 on to en do cn 60 o0 w a eo Qo p w •V1 .vC1 .N L. fn N N Vl h .vtO1 NO yuO) O O OL y O O O O O VVOn N t� V] U VJ YO u V] u y U y U V] u U7 u N U V1 U VJ u V1 u Vl u V] u U1 U u u u C C C C. ❑ C C C C y ^Vi H h O O ll�ll�c O O O O o O O O O 0 o O O O o 0 W W W W W W W W W W w W W W W W W W N .2 M M �n W) v1 l0wo l� l� 00 00 D1 a1 O O C W. O N Von-W-10--m-meL Mi TAW R4. . INllll I p�,gNIQ AIR L AIW5 TVAMW OUX" NN, P, Ur F MW M I K Mol Fat --- S -o Cr - ei /J 0j � 13 ti �-: HAGGETT ENGINEERING ASSOCIATES, INC. 5307 SOUTH COLLEGE ROAD, SUITE 213 WILMINGTON, NORTH CAROLINA 28412 PHONE: (910) 397-0808 LICENSE NO.: C-1111 CENTER OF ZONE EATON'S CROSSING PHASE I N.C. HIGHWAY 903 WARREN COUNTY, NORTH CAROLINA SPRAY IRRIGATION ZONE MAP ZONES 1, 3, 5, 7 AND 9 REFERENCES: WARREN COUNTY GIS DATA IN DIGITAL FORMAT IRRIGATION POND 0 1lP�D2019 AL ri //'�-iSi Ni i i\\ \`��, GRAPHIC SCALE 100 0 50 100 200 (IN FEET) 1 inch = 100 feet DRAWN: D. HAGGETT DATE: AUGUST 1, 2018 DFT CHECK: DNH SCALE: AS SHOWN ENG CHECK: SFH JOB: 16-1011 APPROVAL: FILE: 16101101 FIGURE NO.: 1 Ioc rn � ED `m c 1 L LL) W o. Eato-- --_ Cr°s, - - _ o 9 HAGGETT ENGINEERING ASSOCIATES, INC. 5307 SOUTH COLLEGE ROAD, SUITE 213 WILMINGTON, NORTH CAROLINA 28412 PHONE: (910) 397-0808 LICENSE NO.: CAI 11 CENTER OF ZONE EATON'S CROSSING PHASE I N.C. HIGHWAY 903 WARREN COUNTY, NORTH CAROLINA SPRAY IRRIGATION ZONE MAP ZONES 2, 4, 6, 8 AND 10 REFERENCES: WARREN COUNTY GIS DATA IN DIGITAL FORMAT 111 IRRIGATION POND 1 � � 0 ll1=EDZOI� _,SEAL - GRAPHIC SCALE 100 0 50 100 200 (IN FEET) 1 inch = 100 feet DRAWN: D. HAGGETT DFT CHECK: DNH ENG CHECK: SFH APPROVAL: DATE: AUGUST 1, 2018 SCALE: AS SHOWN JOB: 16-1011 FILE: 16101102 FIGURE NO.: 2 RECEIVEDINOT-7010WR STATE OF NORTH CAROLINA COUNTY OF WARREN MAR 1 9 2019 Non -Discharge Permit No. WQ0033097 OPERATION OXW ENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 8th day of March 2019 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Eaton's Crossing NC LP , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Warren County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Eaton's Crossing (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Unit Owners' Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 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 DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 11-17 Page 1 of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION ` Li nda Culpepper, Director Division of Water Resources (Date) Eaton's Crossing NC LP Name of DEVELOPER By: — (Signature) Eric Rifkin / Assistant Vice President Print Name and Title 3 (1 1 _ (Date) FORM: DEV 11-17 Page 2 of 2