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
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�-: 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
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AL ri
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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
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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