WQ0019198_Regional Office Historical File Pre 2018

ate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
November 27, 2000
WOODWARD E. FARMER, JR., MANAGER
SHINNVILLE ROAD, LLC
POST OFFICE BOX 187
DAVIDSON, NC 28036
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ00,19198
Shinnville Road, LLC,
Gabriel Estates Townhomes
Wastewater Collection System Extension
Iredeil County
Dear Mr, Farmer;
In accordance with your application received October 16, 2000, we are forwarding herewith Permit, No.
WQ00,19198, dated November 27. 2000, to Shinnville Road, LLC for the construction and operation 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rescinded and shall be subject to the conditions and limitations as specified therein.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 Permit Condition 3 which requires that the wastewater collection
facilities be properly operated and maintained in accordance with ISA NCAC 2H ,0227 or any individual
system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
.15,A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; and the ,Division's Minimum Design Criteria for the Fast -Track
Pertnittinn7 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. Failure to comply may result in penalties in
accordance with North Carolina General Statute §.1.43-21,5,6.A 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.
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 Shinnville Road,
LLC for the construction and operation of approximately 367 linear feet of 8-inch gravity sewer to serve 25
three -bedroom townhomes as part of the Gabriel Estates Townhornes project, and the discharge of 9,000 gallons
per day of collected domestic wastewater into the Town of Mooresville's existing sewerage system, pursuant to
the application received October 16, 2000, and in conformity with I5A NCAC 2H .0200; the Division's Gravity
Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's .Minimu.m 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 .Environment and Natural Resources
and considered a part of this permit,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

The sewage and wastewater collected by this system shall be treated in the Town of Mooresville's
Wastewater 'Treatment Facility (NPDES Permit No. N0)046728) prior to being discharged into the receiving
stream.
This permit shall become voidable unless the agreement between Shinnville Road, PLC and the Town of
Mooresville for the collection and final treatment of wastewater is in full force and effect,
The Operational Agreement between the Permittee and the Environmental Management Commission is
incorporated herein by reference and shall be a condition- of this permit, Noncompliance with the terms of the
Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes
143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this
permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request \vithin 30 days followMg receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 15013 of North Carolina General
Statutes, and filed xvith the Office of Administrative Hearings. 6714 Mad Service Center, Raleigh, NC 27699-
6714, Unless stich demands are made, this permit shall be Fula] and binding.
If you need additional information concerning this matter, pi ase contact Kristin E. Miguez at
[phone] extension 524.
Si c
../iKerr T. Stevens
cc: Iredell County Health Department
Mooresville Regional Office. Water Qualily Section (WWTF Perri No, NC0046728)
DPR Associates, Inc.
fowl of Mooresville -PO Box 878, Mooresville, NC 28115

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specified conditions and limitations:
This permit shall become voidable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit; .15A. NCAC 2H .0200; the Division of Water Quality's (Division) Gravity
Sewer Minimum Design Criteria adopted February 1.2, 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 unless spe,cifically mentioned herein.
2. This permit. shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data,
3. The wastewater collection facilities shall be properly maintained and operated at all times, The Pennittee
shall maintain compliance with an individual system -wide collection system permit for the operation and
maintenance of these facilities as required by 15A NCAC 2H ,0227, If an individual permit is not required,
the followinL.Y, performance criteria shall be met as provided in I5A NCAC 2H .0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land
or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the
surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively
maintained,
c. An operation and maintenance plan shall be developed and implemented..
d. Pump stations that are not connected to a telemetry system shall be inspected at least three times per
week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A
NCAC 2B ;0503(5), until July 1, 2001; and thereafter, 'pump stations shall be inspected every day.
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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g, inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division, regional office in accordance
with 1.5A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute *143-21.5. IC.

4. This permit. shall not be 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 formai 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 he considered on its merits and may or may not be
approved.
5. Construction of the gravity sewers 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy
of the construction record drawings, 4s well as supporting design calculations.. for any pump stations
permitted as part of this project shall be received' from a North Carolina -licensed Professional Engineer
certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2.H .0200; 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 Main adopted June 1, 2000 as
applicable; and other supporting materials. If this project is to be completed in phases and partially,
certified, you shall retain the responsibility to track further construction approved under the same permit,
and shall provide a final certificate of completion once the entire project has been completed A copy of the
construction record drawings, indicating .the facilities constructed in the phase being certified, shall be
submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction
Record Drawings", and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; .15A NCAC 211 ,0200; 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 Pennittee to an enforcement action by the
Division, inaccordance with North Carolina General Statutes §143-2.15,6A through §143-215.6C.
9. 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.
10. 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 other government agencies (local, state and federal)
which have jurisdiction, including but not limited to applicable river buffer rules in .15A NCAC 2B .0200,
erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General
Permit NCGOI00000. and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and .15A
NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) .663-
1699, as soon as possible, but in no case more than 24 hours or on the next working day, 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without
treatment of all or any portion of the influent to such station or facility.

ons reporting such occurrences by tele hone shall also file a written report in letter form ithin five
days following first knowledge e of the occurrence. This report must outs
be taken to ensure that the problem does not recur.
Permit issued thi
NORTH
nty-seventh day, of November, 2(
IRONMENTAL MANAGE ENT
err T. to Fer s, Director
Division of ter Quality
I3y, Authority of the Environe;
Perini Nut VQ0019198
anae
the actions taken or proposed to
OM
Commis ion
IIN

Permit No. WQ0019198
November 27, 2000
ENGINEER'S CERTIFICATION
Partial
Final
1, , 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, r the
Project Name Locatii©n and Counry
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 cornpliance of this permit;
15A NCAC 2H .02W; the Division of Water Quality's (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 1, 2000 as applicable.; and other supporting materials.
North Carolina Professional Engineer's seal, signature, and date;
The above Engineer's Certification shall be completed and submitted to the address below with one copy of the
"Construction Record Drawings" of the wastewater collection system extension as well as supporting design
calculations for any pump stations permitted as part of this project. This project shall not be considered complete
nor allowed to operate until this Engineer's Certification and ail required supporting documentation have been
received by the Division. 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,
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
1617 MAIL SERVICE CENTER
RALEIGH', NORTH CAROLINA 27699-1617
4

ORTH CAROLINA
Fir' OF eCt C[
Permit No. UN)0 ICW1.7
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this 1'34 I day of
October 2000 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Shinnville Road LLC , a corporation/general partnership
registerecUlicensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in Iredell County, upon which it
is erecting and will erect dwelling units and other improvements, said development to be known
as Gabriel Estates Townhomes (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. 1.43-21.5.1 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) Gabriel Estates Townhornes 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 Quality 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.
FORM: DEV 10/99 — ---Page 1 of 2

ThepEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibi
operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
4. Tlie 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
maintainedout 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.
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.
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.
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 shalt 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 IjNVIRONUNTAL
MANAQENT COM1&6N
lerr T. Stevens, Director
Division of Water Quality
7
Shinnville Road LLC
Name of DEVELOPER
(Signature)
Print Name and Title
FORM: DEV 10/99
- Page 2 of 2