HomeMy WebLinkAboutWQ0037484_Regional Office Historical File Pre 2018Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
February 5, 2015
Fred Matrulli, President
Palisades Residential Property Homeowners Association of Mecklenburg, Inc.
6701 Carmel Road
Suite 425
Charlotte, NC 28226
Donald R. van der Vaart
Secretary
Subject: Permit No. WQ0037484
Palisades Residential Property Homeowners Association of Mecklenburg, Inc.
Palisades Tract 3 Phase 1
Wastewater Collection System Extension Permit
Mecklenburg County
Dear Mr. Matrulli:
In accordance with your application received November 25, 2014, and additional information received
on January 23"d and January 28th, 2015 and we are forwarding herewith Permit No, WQ0037484, dated
February 5, 2015, to Palisades Residential Property Association of Mecklenburg, Inc, (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This permit shall be effective from the date of issuance until rescinded, and shall be subject to the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 and supplement shall be considered a
part of this permit and are therefore incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 1.1: 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. [15A NCAC 02T.0115]
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 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.
1617 Mali Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-6300\ Internet: www,ncwaterquality.org
Palisades Residential Property Homeowners Association of Mecklenburg, Inc.
Permit No. WQ0037484
It any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request onad|udicatoryhearing upon written request within 30days following receipt ofthis permit,
This request must be in the form of written petition, conforming to Chapter 150B of North Carolina
General Statutes, and filed with the Office ofAdministrative Hearings, 6714 Mail Service Center, Raleigh,
NC27G99-6714. Unless such demands are made, this permit shall bpfinal and binding.
If you need additional information concerning this matter, please contact Sarah Bass at (919) 807-6310
or via e-mail at Sarah.Bass@ncdenr.gov,
Sincerely,
for 3.Jay Zimmerman, Acting Director
Division ofWater Resources, NCDENR
bvDeborah Gore, Supervisor
Pretreatment, Emergency Response, Collection System Unit
enclosure: Operational Agreement
cc MarcA.Houle, P.[;Yarbrough-Williams & Houle, Inc, (electronic copy)
Mooresville Regional Office, Water Quality Section Regional Operations
Carl Wilson, P.E., Chief Engineer; Charlotte Water (electronic copy)
Water Resources Central Files: VV[00374Q4
PERCS(electronic copy)
/
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Page 2 of 8
A7A
NCDENR
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
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
Palisades Residential Property Homeowners Association of Mecklenburg, Inc.
for the construction and operation of 49 simplex grinder pump stations with on -site audible and visual
high water alarms, to serve 49 single family residences as part of the Palisades Tract 3 Phase 1 project,
and the discharge of 0 gallons per day of collected domestic wastewater into Charlotte Water's existing
sewerage system, pursuant to the application received November 25, 2014, and additional information
received on January 23`d and January 28th, 2015 and in conformity with the project plans, specifications,
and other supporting data subsequently filed and approved by the Department of Environment and
Natural Resources and considered a part of this permit.
Collection system mains and flow allocation are permitted under WQ0037485.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
specified conditions and limitations contained therein.,
%—/tSj\--5t—
for S. Jay Zimmerman, Acting Director
Division of Water Resources, NCDENR
By Authority of The Environmental Management Commission
Permit Number: WQ0037484
Permit Issued: February 5, 2015
Page 3 of 8
SUPPLEMENTTO ~,^~. . ��'°.u~. /�� PERMIT ^~��v�.^~^,.�`-.
Palisades Residential Property Homeowners Association of Mecklenburg, Inc.
is hereby authorized to:
Construct, and then operate upon., certification the aforementioned wastewater collection extension,
The sewage and wastewater collected hythis system shall be treated in Charlotte VVate/sWastewater
Treatment Facility inaccordance with Permit Number NC0024970.
Permitting of this project does not constitute on acceptance of any part of the project that does not
meet 1SAN[AC2T; 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 l, 2000 as applicable, unless specifically mentioned herein. , Division
approval is based on acceptance of the certification provided by a North Caro |ina'|icensed Professional
Engineer ]nthe application. it shall be the PennitLee'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.
1. SPECIAL CONDITIONS
I. The Operational Agreement between the Pennittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this pennit.
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all
sanctions provided byNorth Carolina General Statutes §l43'I1S.6Ato§143'Z15.6[for violation
of or failure to act in accordance with the terms and conditions of this permit. [I5A NCAC
\
Page 4uf8
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.0116]
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 .0110j
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 1SA NCAC 2T .0403. If an individual permit is.not required, the
following performance criteria shall be met: [15A NCAC 2T .0403]
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.
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 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 2B .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:
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.
Page 5 of 8
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 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 55O 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 II of Form
CS-SSO (or the most current Division approved form) can also be completed to show that the 55O was beyond
control.
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 92T.04031
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. [15A
NCAC 02T.01161
If the permit is issued to a private entity with an Operational Agreernent, 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 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.
Page 6of8
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 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. [ 15A NCAC
02T.0116]
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 .0108]
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]
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. [15A NCAC 02T.0105]
13. The Permittee shall provide for the pump station and force main the following items:
a. Pump Station Reliability:
1. Pump stations, except when exempted by Subparagraph (j)(2) of 15A NCAC 02T.0305, shall be
designed with multiple pumps such that peak flow can be pumped with the largest pump out of
service.
2. A standby power source or pump is required at all pump stations except for those pump stations
subject to Subparagraph (j)(2) of 15A NCAC 02T.0305. Controls shall be provided to
automatically activate the standby source and signal an alarm condition.
3. As an alternative to Part (c) for pump stations With an average daily design flow less than 15,000
gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or. pumping
Page 7 of 8
g.
capability may be utilized. ft shall be demonstrated to the Division that the portable source is ,.
owned or contracted by the permittee and is compatible with the station. If the portable power
source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations"
storage capacities and the rotation schedule of the portable power source or pump, including
travel timeframes, shall be provided in the case of a multiple station power outage.
4. As an alternative to Part (if) for pump or vacuum stations connecting a single building to an
alternative sewer system, wet well storage requirements shall be documented to provide 24-
hours' worth of wastewater storage or, exceed the greatest power outage over the last three
years or the documented response time to replace a failed pump, whichever is greater.
Documentation shall be required pursuant to the permit application.
b. All pump stations designed for two pumps or more shall have a telemetry system to provide remote
notification of a problem condition to include power failure and high water alarm. [15A NCAC 02T.0305]
c. High water audio and visual alarm. [15A NCAC 027.0305]
d. Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour
emergency number and instructions to call in case of emergency. Simplex pump or vacuum stations
serving a single-family residence shall have a placard or sticker placed inside the control panel with a 24-
hour emergency contact number. [15A NCAC 02T.0305]
e. Screened vents for all wet wells. [15A NCAC 02T.0305]
The public shall be restricted access to the site and equipment. [15A NCAC 02T.0305]
Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds
ten feet, [15A NCAC 02T.0305]
Page 8 of 8
ENGINEERING CERTIFICATION
Permittee: Palisades Residential Property Homeowners Association of Mecklenburg, Inc. Permit No: WQ0037484
Project: Palisades Tract 3 Phase 1 Issue Date: February 5, 2015
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, which includes:
• 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 distandes, material changes,
etc.
Permit modifications are required for any changes resulting in non-compliance with this permit. A detailed
description for partial certifications should be attached to this form along with any certification comments. .
Certification should be submitted in a manner that documents the Division's receipt. The Permittee is responsible
for tracking all partial certifications up until a final certification is received.
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
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 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 49 simplex grinder pump stations with on -
site audible and visual high water alarms, to serve 49 single family residences as part of the Palisades Tract 3 Phase
1 project, and in conformity with the project plans, specifications, supporting documents, and design criteria
subsequently filed and approved. 1 certify that the construction of the above referenced project was observed to
be built within substantial compliance and intent of the approved plans and specifications.
North Carolina Professional Engineer's Seal w/signature & date:
❑ Final ❑ Partial (include description)
Send the Completed Form & Supporting Documentation to the Following Address:
NCDENR/DWR WATER QUALITY PERMITTING SECTION
WASTEWATER BRANCH — PERCS UNIT
1617 Mail Service Center
Raleigh, NC 27699
STATE OF NORTH CAROLINA
COUNTY OF
je-K-
Perrnt No, \AIR60,..3-14+
HOME/PROPERTY OWNERSOPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S„ 143-215.1 (di) and entered into this 2
November 2014
day of
,. by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
PalisadesResidential Property Homeowners Association of Mecklenburg Inc. , a .non-protit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION,
WITNESSETH:
I. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as Palisades Tract 3 Phase
(hereinafter the .Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3 The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, .maintain, andlor operate the Disposal System.,
4. The Development was created subject to unit ownership in the dwellings units, other improvements and.
lands through filing .of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C
or 47F of the North Carolina General Statutes,
5. 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 ofthe 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 ASSOCIATION do hereby mutually agree as follows:
I . The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
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 ASSOCIATION 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.
FORM: HOA 08-13 Page 1 of 2
3. The ASSOCIATION 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 fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made
as necessary at any time.
5. 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 ASSOCIATION 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.
6. 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 ASSOCIATION 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.
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION'S successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. 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 Palisades Residential Property Homeowners Association of Mecklenburg Inc.
MANAGEMENT COMMISSION Name of ASSOCIATION
Thomas A. Reeder, Director
Division of Water Resources
(Date)
FORM: HOA 08-13
By:
(Signature)
Print Name a Tit e
1(Z1Pi
(Date)
Page 2 of 2
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