HomeMy WebLinkAboutWQ0021217_Regional Office Historical File Pre 2018Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thq nQ aiti,D?; Actingpi gctgr
r;.iOivisioii'of: Wate r"QuaityOE
April 24, 2002
SAM BURNS, VICE PRESIDENT
MEETING STREET HOMES, INC.
501 E. MOREHEAD STREET, SUITE 4
CHARLOTTE, NC 28202
APR 2 6 2002
Subject: Permit No. WQ0021217
Meeting Street Homes, Inc.
Meeting Street Townhomes at Rosedale
Wastewater Collection System Extension
Mecklenburg County
Dear Mr. Burns:
In accordance with your application received April 8, 2002, and additional information received
April 16, 2002, we are forwarding herewith Permit No. WQ0021217, dated April 24, 2002, to Meeting
Street Homes, Inc. 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 This permit shall be effective from the date of issuance until rescinded and shall be subject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 15A 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 15A 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 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. 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.
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 Meeting Street Homes, Inc. for the construction and operation of approximately 128 linear
feet of 6-inch gravity sewer to serve seven (7) townhomes as part of the Meeting Street Townhomes at
Rosedale project, and the discharge of 1,330 gallons per day of collected domestic wastewater into the
Charlotte Mecklenburg Utilities's existing sewerage system, pursuant to the application received April 8,
2002 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http://h2o.enr.state.nc.us/ndpu
Telephone (919) 733-5083 Fax (919) 715-6048
Telephone 1 (800) 623-7748
50% recycled/10% post -consumer paper
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 Environment and Natural
Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Charlotte
Mecklenburg Utilities Wastewater Treatment Facility (Permit No. NC0036277) prior to being discharged
into the receiving stream.
This permit shall become voidable unless the agreement between Meeting Street Homes, Inc,
and Charlotte Mecklenburg Utilities 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 within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150E3 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.
If you need additional information concerning this matter, please contact Kristin E. Miguez at
(919) 733-5083 extension 524.
Sincerely,
166(f1114/L' Li
for Gregory J. Thorpe h.
cc: Mecklenburg County Health Department
Mecklenburg County Department of Environment Protection
Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0036277)
Design Resource Group
Charlotte Mecklenburg Utilities
Central Files
NPDU Files
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:
1. 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 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.
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
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 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A 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 limplemented.
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 15A NCAC 2B .0506(a), and public notice shall be provide d as required by
North Carolina General Statute §143-215.1C.
t
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 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.
5. 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as 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 2H .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 2H .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 Permittee to an
enforcement action by the Division, in .accordance with North Carolina General Statutes §143-
215.6A-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 additiorial 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 NCG0100000, 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
2
r 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.
Persons reporting such occurrences by telephone shall also file a written report in letter form 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.
Permit issued this the twenty-fourth day of April, 2002
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION •
ete/;-(--,(4,E
for Gregory J. Thorpe, PIO., gating Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0021217
3
Permit No. W00021217
April 24, 2002
ENGINEER'S CERTIFICATION
Partial Final
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, for the
Project Name Location and County
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 2H .0200; 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 all 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
OF NORTH CAROL-INA
Uhrr, Avvathing b
Pe slit No. M 0 D 2 ` % 17
OPERATIONAL ACREEN ENT
'This AGREEMENT r:.•ade pursuant to G.S. 1.43-215.1 (d1` and entered into this ' 41 day bf
by and ::etween the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known. as the COhiMi"SION; and
`'van a 6 .e J ornE-S , a c:orperation/general partnership registered/licensed to do
o business D. the Sae of North Carolina, hereinafter known a:, the DEVELOPER.
,, WITNES SETH:
f.1. The ;)F.VELOP ER is the owner of the certain lands lying in rn ec-Ac.ceri 3,3a-6 ,
v h; h it is erecting and will erect dwelling units and other improvements, said development to be kpo n
as -.► r-..rrt G &-fa..e _r -`►D EZ)1.-konl , A'r Ro -04LE, thereinafter the Develop•w.ient).
DEVELOPER desires, to construct a wastewater collection :system with pumps, wastewater treatment
walks, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3, The D.EV ELOPER has applied to the COMMISSION for die i::suance of a permit pursuant to C.S. 143-
'1.15.1 to construct. maintain, and operate the Disposal System.
4. 'The r>EVELOPER 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.
The )EVELOPER has caused to be formed or will cause to be formed at the time of tiling of the
Dr.:.l:iration, the (Unit Owners' AssociationZrn'et�tar, .ro..)t)tior+,c-s_ A r 2°'�;hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, fof the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing he common elements of the
lan:la and improvements subject to unit ownership, including the System; p. � Disposal and of collecti:.g does
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
qualiry 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 DEVF.T OPER 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.
The DEVFT OPER 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 DJ ision of Water Quality has inspected and approved of the facilities. ih order to change the name of
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
reque:-.t must include a copy of the Association Bylaws and Declaration.
FORM: DEV 10/99 Page I of 2
r4.
e DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
r the operation and maintenance of its Disposal System until a permit has been reissued to the
EVELOPER's successor.
fr£regory J. Thorpe, Ph.D., , ctinb'b/rector
Division of Water Quality
e 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 constructs _.n,
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
Keoth/m
Name of DEVELOPER
LIP IDS 3t73
(Signs.. e)
RECEIVED
WATER DUALITY SECTION
r
FORM: DEV 10/99 Page 2 of 2
NON -DISCHARGE PERMITT NG ,