HomeMy WebLinkAboutWQ0042753_Permit (Issuance)_20240419DocuSign Envelope ID: 710E9DC4-AOE3-4E9D-9F67-940863C5lE15
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Jonathan Drazenovich, County Engineer
Lincoln County Public Utilities
115 West Main Street
Lincolnton, NC 28092
NORTH CAROLINA
Environmental Quality
April 19, 2024
Subject: Change of Ownership Approval
Permit No. WQ0042753
Sylvan Creek S/D - Phase 3
Lincoln County
Dear Jonathan Drazenovich:
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0042753. This modification is to change ownership from the DR Horton, Inc. to the Lincoln
County Public Utilities, and Lincoln County Public Utilities is now responsible for the continued
operation and maintenance of the subject wastewater collection extension. Our database has been
revised to reflect the ownership change. This cover letter shall be considered a part of this permit
and is therefore incorporated therein by reference.
The Permittee shall maintain compliance with its individual system -wide collection system permit
for the operation and maintenance of these facilities as required by 15A NCAC 2T .0400 and G.S
143-215.913. If you have any other questions regarding this matter, please contact Matthew Nevills
at (919) 707-3699 [email: Matthew. NevilIs@deq.nc.gov].
Sincerely,
E
ADo'c'u,Siwgne'd byy:� `', &'w.'' `
C464531431644FE.,
Michael Montebello
NPDES Branch Chief, Division of Water Resources, DEQ
enclosures: Permit No. WQ0042753
cc: James Mathieson, Land Manager
Mooresville Regional Office, Water Quality Regional Operations Section
Municipal Permitting Unit Files (electronic copy)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000
DocuSign Envelope ID: 710E9DC4-AOE3-4E9D-9F67-940863C51E15
ROY COOPER
Goverrtnr
ELIZA13ETH S. BISER
S. DAI II• L SMITH
NORTH CAROLINA
Emeiranmeretat Quality
October 29, 2021
Martin Davis, Land Entitlement Manager
DR Horton, Inc.
8025 Arrowridge Blvd
Charlotte NC, 28273
Subject: Permit No. WQ0042753
DR Horton, Inc.
Sylvan Creek Subdivision - Phase 3
Wastewater Collection System Extension Permit
Lincoln County
Dear Mr. Davis:
In accordance with your application received August 16, 2021, and additional information received
October 26, 2021, we are forwarding herewith Permit No. WQ0042753 dated October 29, 2021, to DR
Horton, 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 shall be
considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee.
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]
Q:!!�
North Carolina Departrnrnt of Emnronmemal Quallty I Divisi n of Water Resources Mooresmile Reglonaf Office 1610 East Center Avenue, Suttc 301 1 Mooresvdle, North caraElna 2811E
DocuSign Envelope ID: 710E9DC4-AOE3-4E9D-9F67-940863C51E15
DR Horton, Inc.
Permit No. WQ0042753
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 Ori Tuvia at (704) 235-2190 or
via e-mail at ori.tuvia@ncdenr.gov.
Sincerely,
DocuSigned by:
4. wHN"
F161FB69A2D84A3...
for S. Daniel Smith
Director, Division of Water Resources
forW. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Riyad Baroudi (P.E.) (electronic copy)
Charles King, Lincoln County (electronic copy)
Mooresville Regional Office Files (Laserfiche)
Water Resources Central Files (Laserfiche)
Municipal Permitting Unit (electronic copy)
Page 2 of 9
DocuSign Envelope ID: 710E9DC4-AOE3-4E9D-9F67-940863C51E15
d� 5 ATIE ..
i
NORTH CAROLINA
Ererlronmrntaf Quality
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
DR Horton, Inc.
Lincoln County
For the construction and operation of approximately 1,100 linear feet of 8-inch gravity sewer, to serve
30 five bedroom homes as part of Sylvan Creek Subdivision - Phase 3 Development, and the discharge of
12,000 gallons per day of collected wastewater into the Lincoln County existing sewerage system,
pursuant to the application August 16, 2021, and additional information received October 26, 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.
EA
DocuSigned by:
4-.� N Nuft
F161F869A2D84A3...
for S. Daniel Smith
Director, Division of Water Resources
forW. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By authority of the Environmental Management Commission
Permit Number: WQ0042753
Permit Issued: October 29, 2021
DocuSign Envelope ID: 710E9DC4-AOE3-4E9D-9F67-940863C51E15
SUPPLEMENT TO PERMIT COVER SHEET
DR Horton, Inc. 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 Lincoln county Killian Creek Waste
Water Treatment Facility in accordance with Permit Number NC0088722.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval
is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in
the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets
the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS
1. This permit shall become voidable unless the agreement between DR Horton, Inc. and Lincoln County
for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)]
2. No flow in excess of the quantity permitted herein 12,000 GPD shall be made tributary to the subject
sewer system until an application for permit modification for an increase in flow has been submitted
to and approved by the Division. [15A NCAC 02T.0304(b)]
II. STANDARD CONDITIONS
1. This permit is not transferable. In the event there is a desire for the wastewater collection facilities
to change ownership, or there is a name change of the Permittee, a formal permit request shall be
submitted to the Division accompanied by documentation from the parties involved, and other
supporting materials as may be appropriate. The approval of this request shall be considered on its
merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for
the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
DocuSign Envelope ID: 710E9DC4-AOE3-4E9D-9F67-940863C51E15
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.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be inspected
at least once per week.
e. High -priority sewer lines shall be inspected at least once per every six months and inspections
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North
Carolina General Statute §143-215.1C.
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.
3. Grease education materials shall be distributed more often than required in Parts (1) and
(2) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of
three years with exception of the map, which shall be maintained for the life of the system.
5. The Permittee shall report by telephone to a water resources staff member at the Mooresville
Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24
hours following the occurrence or first knowledge of the occurrence of either of the following:
DocuSign Envelope ID: 710E9DC4-AOE3-4E9D-9F67-940863C51E15
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)]
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:
a. One copy of the project construction record drawings (plan & profile views of sewer lines &
force mains) of the wastewater collection system extension. Final record drawings should be
clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings
that are marked up or annotated with after construction information and show required
buffers, separation distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing,
velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage,
surge protection, detention time in the wet well, and force main, ability to flush low points in
force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power
source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, include travel
timeframes, shall be provided.
DocuSign Envelope ID: 710E9DC4-AOE3-4E9D-9F67-940863C51E15
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 but not limited to pipe length changes 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.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)]