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HomeMy WebLinkAboutWQ0042772_Permit (Issuance)_20211005DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E ROY COOPER Governor ELIZABETH BISER Secretary S. DANIEL SMITH Director Jeffrey Sprain, Authorized Agent New Market Hanover LP 3284 Northside Parkway Northwest Suite 150 Atlanta, GA 30327 NORTH CARCLINA en Oranmerdar Quorrty October 1, 2021 Subject: Permit No. WQ0042772 New Market Hanover LP Flats at Hanover Place Private Sewer Wastewater Collection System Extension New Hanover County Dear Mr. Sprain: In accordance with your application received August 19, 2021, and additional information received September 23, 2021 and October 1, 2021, we are forwarding herewith Permit No. WQ0042772 dated October 1, 2021 to New Market Hanover LP (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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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: Special Conditions: Condition 1.1: Contains the requirements of a granted variance for an interference structure between a proposed stormwater line and the sewer line permitted herein. [15A NCAC 02T.0105(n)] Condition 1.2: This permit shall become voidable unless the agreement between the New Market Hanover LP and the CFPUA for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] Condition 1.3: No flow in excess of the quantity or number & type of connections permitted herein shall be made tributary to the subject sewer system until an application for permit modification has been submitted to and approved by the Division. [15A NCAC 02T.0304(b)] Division of Water Resources —Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.deg.nc.gov DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E L.onamon 1.4: i ne aoanaonmeni or any existing wastewater facilities including septic systems being replaced by new sewer infrastructure shall be done in accordance with the applicable agency having compliance oversight on such facilities. [15A NCAC 02T.0105(c)(6)] Standard Conditions: 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. Condition 11.7: Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form with checklist attached to this permit shall be submitted with the required supporting documents to the address provided on the form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations, or the Minimum Design Criteria. [15A NCAC 02T.0116] Condition 11.13: If the Permittee/Applicant holds a system -side collection system operation, maintenance and management permit (WQCS-prefix) from the Division, then the following applies: For all newly constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the minimum design criteria unless the permittee can demonstrate it is not practicable or another form of corrosion resistance is employed. [15A NCAC 02T .0108 (b)] It shall be 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. If you need additional information concerning this matter, please contact Tyler Benson at (910) 796-7215 or via e-mail at Tyler. Benson@ncdenr.gov. Sincerely, DouSigned by: ETIFI�11E73MF3456 oµ--m"�,-�; �cOA, ... Tom Tharrington, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc: Jason Clark, Norris & Tunstall Engineers (Laserfiche info via email) CFPUA (Laserfiche info via email) Upload to Laserfiche Permit No. WQ0042772 October 1, 2021 Page 2 of 10 DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E NORTH �:AgO_IN.4 Errvrronmcrrad Quality 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 NEW MARKET HANOVER LP NEW HANOVER COUNTY for the construction and operation upon certification of approximately 213 linear feet of 8-inch gravity to serve 249 one/two-bedroom and 13 three -bedroom apartments and 3,880 sf of general office/retail space with no food services as part of the Flats at New Hanover Private Sewer project with no discharge (flow allocated under public permit WQ0042771) of collected domestic into the CFPUA's existing sewerage system pursuant to the application received August 19, 2021, and additional information received September 23, 2021 and October 1, 2021, 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 permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit Number: WQ0042772 Issued Today: October 1, 2021 DocuSigned by: �Oµ �na+trl IDA, 7F141E73B6F3456... Tom Tharrington, Assistant Regional Supervisor Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEQ By Authority of the Director and The Environmental Management Commission Permit No. WQ0042772 October 1, 2021 Page 3 of 10 DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E SUPPLEMENT TO PERMIT COVER SHEET NEW MARKET HANOVER LP 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 Northside Wastewater Treatment Facility in accordance with Permit Number NC0023965. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Resources' (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. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS Per the submitted variance request as received on August 17, 2021, by Norris & Tunstall Consulting Engineers, P.C., on behalf of the New Market Hanover L.P., for the subject project, the Division will grant the variance request for approximately 20 LF of 8-inch gravity sewer suspended within an interference box, in accordance with the provisions for alternative designs in 15A NCAC 02T.0105(n) and subject to the following conditions: Gravity sewer lines suspended through conflict/interference boxes to resolve intersections with storm drains shall be constructed of ductile iron pipe with mechanical joints, utilizing the materials, testing methods, and acceptability standards meeting water main standards, in accordance with 15A NCAC 02T.0305(g). In addition to the above and as shown on plan sheets C2.1, PR1, and C4.5, the sewer line suspended through interference manhole MH 46 shall be further protected with a stainless -steel casing. b. The section of gravity sewer described above shall be designated as "high -priority sewer" in accordance with 15A NCAC 02T.0402. c. High -priority sewers shall be inspected by the permittee or its representative at least once every six -months. Regardless of the variance approval, 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. Permit No. WQ0042772 October 1, 2021 Page 4 of 10 DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E All other elements of this project shall be constructed in accordance with all applicable rules and statues including, 15A NCAC 2T; the Division of Water Resources' (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. Approval of the variance request does not constitute approval of the permit. [15A NCAC 02T .0105(n)] 2. This permit shall become voidable unless the agreement between the New Market Hanover LP and the CFPUA for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] 3. No flow in excess of the quantity or number & type of connections permitted herein shall be made tributary to the subject sewer system until an application for permit modification has been submitted to and approved by the Division. [15A NCAC 02T.0304(b)] The abandonment of any existing wastewater facilities including septic systems being replaced by new sewer infrastructure shall be done in accordance with the applicable agency having compliance oversight on such facilities. [15A NCAC 02T.0105(c)(6)] II. STANDARD CONDITIONS 1. 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. [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. 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. 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. Permit No. WQ0042772 October 1, 2021 Page 5 of 10 DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are 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 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 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. 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. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. 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. Noncompliance Notification: The Permittee shall report by telephone to a water resources staff member at the Wilmington Regional Office, telephone number (910) 796-7215, 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 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. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved 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. Part 11 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. 143-215.1C(a1)] Permit No. WQ0042772 October 1, 2021 Page 6 of 10 DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E 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 with checklist 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: 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 in accepted electronic format 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 changes of 10% or greater by type & size, 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 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 greaterthan 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. Permit No. WQ0042772 October 1, 2021 Page 7 of 10 DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E 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. [ 15A 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 may be required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] 13. If the Permittee/Applicant holds a system -side collection system operation, maintenance and management permit (WQCS-prefix) from the Division, then the following applies: For all newly constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the minimum design criteria unless the permittee can demonstrate it is not practicable or another form of corrosion resistance is employed. [15A NCAC 02T .0108 (b)] Permit No. WQ0042772 October 1, 2021 Page 8 of 10 DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: New Market Hanover LP PERMIT #: WQ0042772 PROJECT: Flats at Hanover Center Private Sewer ISSUE DATE: October 1, 2021 COUNTY: New Hanover This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. Consequently, it should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Wilmington Regional Supervisor, Water Quality Section at the address at the bottom. The Permittee is responsible for tracking all partial certifications up until a final certification is received. Certifications shall include Phase/Section covered, line size & lengths installed, and listing of lots/connections to be served and pump station design, if applicable. 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 ENGINEERS CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to (❑ periodically, ❑ weekly, ❑ full time) observe 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 following construction: of approximately 213 linear feet of 8-inch gravity to serve 249 one/two-bedroom and 13 three -bedroom apartments and 3,880 sf of general office/retail space with no food services as part of the Flats at New Hanover Private Sewer protect with no discharge (flow allocated under public permit WQ0042771); such that the construction was observed to be built in compliance of this permit; 15A NCAC 2T; 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 1, 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 127 Cardinal Drive Extension Wilmington, NC 28405 Wilmington Regional Office Phone: 910-796-7215 FAX: 910-350-2004 DocuSign Envelope ID: DD5558B1-BEE 1-40D4-9FFF-36B509FCC60E SEWER ENGINEERING CERTIFICATION CHECKLIST To be completed by the certifying engineer prior to operation of the permitted sewers, per 15A NCAC 02T.0116. Certifying Engineer: Certification Review Date: Project Name: W Q00 Project County: 1) Has permittee information changed since the permit was issued (or last modified): change of mailing address, change of ownership, transfer from developer to HOA/POA, etc. ❑ Yes ❑ No • If yes, please provide either a change of ownership form or new contact information. Note that transfer of permits from the developer to the HOA/POA must occur with the first certification. 2) Have the as -built drawings have been signed, sealed, and dated by an N.C. PE? ❑ Yes ❑ No 3) Final Engineering certification? ❑ Yes ❑ No • If Partial Engineering certification, provide detailed narrative including what is being certified in the current phase, what was previously certified (if applicable), and what is left to be certified. 4) Adequate information related to sewer lines: ❑ Yes ❑ No ❑ N/A • Three feet minimum cover has been provided for all sewers unless ferrous pipe was installed. • Minimum diameters for gravity sewers are 8-inches for public lines and 6-inches for private lines. • Manholes have been installed: At the end of each line, at all changes in grade, size, or alignment, at all intersections, and at distances not greater than 425 feet; minimum diameter shall be 4 feet (48-inches). 5) Adequate information related to pump stations: ❑ Yes ❑ No ❑ N/A • Ensure power reliability option was selected per 15A NCAC 02T.0305(h). 6) Was project construction completed in accordance with all of the following: ❑ Yes ❑ No ❑ N/A • 15A NCAC 02T, Minimum Design Criteria (MDC) for the permitting of Gravity Sewers (latest version), and MDC for the Permitting of Pump Stations and Force Mains (latest version)? If not, a variance approval is required in accordance with 15A NCAC 02T.0105(b), prior to certification and operation. • Contact the Central Office to discuss the variance to determine a course of action. • Applicant must submit two copies of the variance request form, plans, specifications, calculations, and any other pertinent information to the Central Office (one hard copy, one digital copy). • The central office will review the variance request, and if approvable, specific language regarding the variance will be incorporated into the permit, either via a special condition or a supplementary letter. A copy of the reissued permit with variance language or the variance letter must be maintained with the original documents. 7) Does the project contains high priority lines (15A NCAC 02T .0402(2))? ❑ Yes ❑ No • If yes, ensure that the permit already contains the necessary condition related to high priority lines 15A NCAC 02T.0403 (a)(5). If the permit does not include this language, the Fast Track reviewer will reissue the permit with the appropriate language. 8) Are Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length difference of 10% or greater, change in flow, pump station design capacity design change of 5% or greater, and change in the number/type of connections)? ❑ Yes ❑ No • If yes, a permit modification request must be submitted to the appropriate Regional Office, and a modified permit with revised certification must be issued prior to certification and operation.