WQ0039985_Issuance of Permit_20180514

State of North Carolina | Environmental Quality | Water Resources | Water Quality Regional Operations
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704-663-1699

ROY COOPER
Governor

MICHAEL S. REGAN
Secretary

LINDA CULPEPPER
Interim Director
I
Water Resources
Environmental Quality

May 14, 2018

Mr. James Scruggs, Owner
Kingston Apartments LLC
5226 Addison Drive
Charlotte, NC 28211
Subject: Permit No. WQ0039985
Kingston Apartments LLC
Kingston on West Townhomes
Wastewater Collection System Extension Permit
Mecklenburg County

Dear Mr. Scruggs:
In accordance with your application received May 9, 2018, we are forwarding herewith Permit No.
WQ0039985 dated May 14, 2018, to Kingston Apartments LLC (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effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations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 II.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition II.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 the 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.

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If you need additional information concerning this matter, please contact Barry Love at [phone]
or via e-mail at [e-mail].

Sincerely,

by W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

cc: Frank McMahan, P.E. (e-copy)
Barbara Gross (e-copy)
Tommy Rowland (e-copy)
Regional Office Files
Water Resources Central Files
PERCS (e-copy)

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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

Kingston Apartments LLC
Mecklenburg County
for the construction and operation of approximately 203 linear feet of 6-inch gravity sewer as part of the
Kingston on West Townhomes project, and the discharge of 1,710 gallons per day of collected domestic
wastewater into the Charlotte Water existing sewerage system, pursuant to the application received May
9, 2018, 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.

____________________________________________
by W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

Permit Number: WQ0039985
Permit Issued: May 14, 2018

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SUPPLEMENT TO PERMIT COVER SHEET

Kingston Apartments LLC 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 Charlotte Water Irwin Creek
Wastewater Treatment Plant in accordance with Permit Number NC0024945.

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. No flow in excess of the quantity permitted herein, 1,710 gallons per day, 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)]

2. This permit shall become voidable unless the agreement between Kingston Apartments LLC and
Charlotte Water for the collection and final treatment of wastewater is in full force and effect. [15A
NCAC 02T.0304(h)]

3. 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]

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

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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, prev entative
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.

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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 [phone], 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 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 [phone] or [phone].
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 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 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.

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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.

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 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.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

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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)]

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State of North Carolina | Environmental Quality | Water Resources | Water Quality Regional Operations
Mooresville Regional Office| 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704 663 1699

FAST TRACK SEWER ENGINEERING CERTIFICATION

PERMITTEE: Kingston Apartments LLC
PERMIT #: WQ0039985
PROJECT: Kingston on West Townhomes
ISSUE DATE: May 14, 2018
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. It
should be submitted in a manner that documents the Division’s receipt. Send the required documentation
the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. 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
ENGINEER'S CERTIFICATION

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 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 construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; 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):
5/14/2018
Central Files:APS SWP
Permit Number WQ0039985 Permit Tracking Slip
Program Category
Non-discharge
Status Project Type
Active New Project
Permit Type
Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions
Version Permit Classification
Primary Reviewer
barry.love
Permit Contact Affiliation
1.00 Individual
Coastal SWRule
Permitted Flow
1,710
Facility
Facility Name Major/Minor Region
Kingston on West Townhomes Minor Mooresville
Location Address County
Facility Contact Affiliation
Mecklenburg
Owner
Owner Name Owner Type
Owner Affiliation
Kingston Apartments LLC Non-Government
James Scruggs
5226 Addison Dr
Charlotte NC 28211Dates/Events
Orig Issue App Received Draft Initiated
Scheduled
Issuance Public Notice Issue Effective Expiration
5/14/2018 5/9/2018 5/14/2018 5/14/2018
Regulated Activities
Subdivision
Wastewater collection
Requested /Received Events
Additional information requested
Additional information received
Outfall
SubbasinCurrent ClassStreamIndex NumberWaterbody Name