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HomeMy WebLinkAboutWQ0039759_Owner (Name Change)_20200123 i Fv`N ty am /rF;, 47-1: ROY COOPER "-';+^ om� ' Governor i. �,"1 i 1� , 'I MICHAEL S.REGAN ' Secretary jr LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality January 23, 2020 Donald Chamblee, Director Lincoln County Public Works 115 W. Main Street Lincolnton, NC 27429 Subject: Change of Ownership Approval Permit No.WQ0039759 Lincoln County Public Works Lincoln County Dear Mr.Chamblee: Division personnel have reviewed and approved your permit modification request for Permit No. WQ0039759. This modification is to change ownership from the Westport Lakeside No.2, LLC to Lincoln County Public Works,and Lincoln County Public Works is now responsible for the continued operation and maintenance of the subject wastewater collection extension. Our database has been revised to reflect the ownership change.This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. The Permittee shall maintain compliance with its individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T.0400 and G.S 143-215.9B. If you have any other questions regarding this matter, please contact Celeste Sugg at(919)707-3628 or [email: Celeste.Sugg@ncdenr.gov]. Sincere , for Linda Culpepper, rector Division of Water Resources, NCDEQ enclosures: Permit No.WQ0039759 cc: Daniel G.Thompson,Westport Lakeside No. 2 Managing Member[tgdaniel3@hotmail.com] Mooresville Regional Office,Water Quality Regional Operations Section PERCS Files (electronic copy) NorthNorth Carolina Salisbury DepartmentStreet1 of 1617 EnvironmentalMailServiceCenter Raleigh Quality I DivisionNorth of Water Caro Resources 699-1617 NORTH CAROLINA E Q 512 I , na D Departnanta wauaty /'� 919.707.9000 ROY COOPER Governor aj f.'"1 MICHAEL S. REGAN Secretary LINDA CULPEPPER Water l esour ceS Interim Director ENV l%i:7N n?i.t<'r„4 T;,I r,,7 I. February 8,2018 Daniel G. Thompson, Member Westport Lakeside No. 2, LLC P.O. Box 9007 Greensboro,NC 27429 Subject: Permit No. WQ0039759 Westport Lakeside No.2, LLC Westport Townhomes Phase 3B Wastewater Collection System Extension Permit Lincoln County Dear Mr.Thompson: In accordance with your application received January 24,2018,and additional information received February 7, 2018, we are forwarding herewith Permit No. WQ0039759 dated February 8, 2018;to the Westport Lakeside No. 2, LLC (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein.This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable;a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be the responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office.610 East Center Avenue,Suite 301°Mooresville,North Carolina 28115 704 663 1699 If you need additional information concerning this matter,please contact Ori Tuvia at(704)235-2190 or via e-mail at ori.tuviar?ncdenr.gov. Sincerely, Pt-by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources,NCDEQ cc: Larissa Coles (P.E.) (E-copy) Mooresville Regional Office Files Water Resources Central Files PERCS (E-copy) Page 2 of 8 Environmental QuaIi v STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY WASTEWATER COLLECTION SYSTEM EXTENSION 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 the Westport Lakeside No. 2, LLC Lincoln County for the construction and operation of approximately 695 linear feet of 8-inch gravity sewer to serve 26 single family 3 bedrooms homes as part of Westport Townhomes Phase 3B Development, and the discharge of 6,240 gallons per day of collected wastewater into the Lincoln County existing sewerage system, pursuant to the application received January 24, 2018,and additional information received February 7, 2018, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996,as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000,as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this penult. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. • .04.by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ By authority of the Environmental Management Commission Permit Number: WQ0039759 Permit Issued: February 8,2018 • Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET Westport Lakeside No. 2, LLC is hereby authorized to: Construct,and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Killian Creek Regional Wastewater Treatment Facility in accordance with Permit Number NC0088722. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable;and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1)No flow in excess of the quantity permitted herein, 6,240 GPD, shall be made tributary to the subject sewer system until an application for permit modification for an increase in flow has been submitted to and approved by the Division. [15A NCAC 02T.0304 (b)] II. STANDARD CONDITIONS 1. This permit is not transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996,as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T .0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. Page 4 of 8 b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e.365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per,every six months and inspections documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts(1)and(2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of.adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.; or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill,regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible,but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Page 5 of 8 Persons reporting any of the above occurrences shall file a spilllreport by completing and submitting Part I of Form CS-SSO(or the most current Division approved fonn)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1 C(a 1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and,Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media(CD or DVD disk)and are defined as the design drawings that are marked up or annotated with after construction information and show required,buffers, separation distances,material changes,etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity,pump cycle times,and level control settings,pump station buoyancy,wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification(Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections),regulations,or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are Page 6 of 8 discouraged by the Division and may not be approved,thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined,a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ l 5A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000, as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division,in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T .0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: WESTPORT LAKESIDE NO. 2, LLC PERMIT#: WQ0039759 PROJECT: WESTPORT TOWNHOMES PHASE 3B ISSUE DATE: FEBRUARY 8, 2018 This project shall not be considered complete nor allowed to operate in accordance with standard Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Regional Supervisor, Water Quality Regional Operations Section at the address noted in the page footer. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received by the Division. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee,hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee,and the Permittee is prepared to operate&maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION I, ,as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the project name and location as referenced above for the above Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June I,2000,as applicable; and other supporting materials. North Carolina Professional Engineer's Seal w/signature&date: ❑ Final ❑ Partial(include description) Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 610 East Center Avenue,Suite 301,Mooresville, NC 28115 Mooresville Regional Office Phone: (704)663-1699 FAX:(704)-633-6040 IV. CERTIFICATIONS: Existing Permittee's Certification per 15A NCAC 02T.0106(b): 1, Thompson G Daniel III, Member/Manager, Westport Lakeside No. 2, LLC attest that this application (Signature Authority's name&title from Application Item 1.2&3 ) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application are note completed and that if all required supporting information and attachments are not included,this application will be returned to me as incomplete. NOTE —In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation. Date: 9/4/19 Signature: Applicant's Certification per 15A NCAC 02T.0106(b): attest that this application 1, (Signature Authority's name&title from Application Item II.2R:3. has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non- discharge system to surface waters or the land may result in an enforcement action that may include civil penalties,injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included,this application package will be returned to me as incomplete. NOTE— In accordance with General Statutes I43-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation. /4Z7 /2„ Date: Signature: ( `t i 7 Page 2 of 2