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
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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)
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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
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