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HomeMy WebLinkAboutWQ0040155_Issuance of Permit_20181002 ROY COOPER Governor ` a MICHAEL S. REGAN Secretary � LINDA CULPEPPER Water Resources Interim Director ENVIRONMENTAL QUALITY October 2,2018 Brian Mahoney,Manager Prestige Corporate Development,LLC 2100 Torrence Chapel Road Suite 100 Cornelius,NC 28031 Subject: Permit No. WQ0040155 Prestige Corporate Development,LLC Rivercross Apartments Wastewater Collection System Extension Permit Lincoln County Dear Mr. Mahoney: In accordance with your application received July 13, 2018, and additional information received October 2, 2018, we are forwarding herewith Permit No. WQ0040155 dated October 2,2018 to Prestige Corporate Development, 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein.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. State ofNorth Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1 610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115 704 663 1699 If you need additional information concerning this matter,please contact Ori Tuvia at(704)235-2190 or via e-mail at ori.tuvia(a),ncdenr.gov. Sincerely, DocuSigned by: A14CC681 AF27425... by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources,NCDEQ cc: Barry Fay, P.E. (E-copy) Mooresville Regional Office Files Water Resources Central Files PERCS (E-copy) Page 2 of 8 Environmental Quality STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL 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 Prestige Corporate Development, LLC Lincoln County for the construction and operation of approximately 1,937 linear feet of 8-inch gravity sewer, to serve 189 1 or 2-bedroom apartments, 42 3-bedroom apartments and an amenity building as part of the Rivercross Apartments development, and the discharge of 40,720 gallons per day of collected wastewater into the Lincoln County existing sewerage system,pursuant to the application received July 13, 2018, and additional information received October 2, 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. DocuSigned by: A 14CC681 AF27425... by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources,NCDEQ By authority of the Environmental Management Commission Permit Number: WQ0040155 Permit Issued: October 2, 2018 Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET Prestige Corporate Development, LLC is hereby authorized to: Construct,and then operate gpon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Killian Creek Regional Wastewater 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)No flow in excess of the quantity permitted herein, 40,720 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.01101 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. Page 4 of 8 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 §143-215.1 C. 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: 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. Page 5 of 8 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.lC(al)] 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.0I08(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. 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 Page 6 of 8 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 maybe required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: PRESTIGE CORPORATE DEVELOPMENT, LLC PERMIT #: WQ0040155 PROJECT: RIVERCROSS APARTMENTS ISSUE DATE: OCTOBER 2, 2018 This project shall not be considered complete nor allowed to operate in accordance with standard 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 to the Regional Supervisor, Water Quality Regional Operations Section at the address noted in the page footer. 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 by the Division. 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 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): NC DWR—Water Quality Regional Operations Section 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Mooresville Regional Office Phone: (704)663-1699 FAX: (704)-633-6040 STATE OF NORTH CAR0LINA �n 00� �sS COUNTY Of U0 �!)I J Permit No. _`fit DFVF► OPFR'S OPERATIONAL AGREEMENT 1i NA t "IIIS AGREEMENT'made pursuant to G.S. 143-215.I (d I)and entered into Ibis, iZ 5 day of by and between the North Carolinn Eavieounental Managennent Conmfssion, an a eI of the state of Nolh Carolina,hereinafter known as the COMMISSION;and RD Q��ir9? j�r� C I� L a corporation/general partnership regismoed/licensed to do business in the Slate of North Carolina,he•cinaflor known as the DEVELOPER. WITNESSE'IH: I. The DEVELOPER is(lie owner of lho cerlain lands lying III U WON Q Cmmly, upon which it Is reclin ,, ud will a•ect dwollin tails and other improvements,said development to bokuown I'y<rero 1, (harcinaller the Development). 2. The DEVELOPER desires, to construct a wastewater collection system Willi pumps, wastewater healment Woks,and/or disposal facilities(bcrchmiler Disposal System)to provide snmilory sowego disposal to serve the Development of said lands, 3. 'file DEVLLOPER lifts applied to the COMMISSION for lie issuance of a permit pursuoml to G.S. 143- 215.1 to construct,uuiinlain,and operate the Disposal System. 4, 'file DEVELOPER has created or shall create unit ownership in said dwellings units,other improvements and lands through filing of n Declaration of Umll Ownership(hereinafter Declaration),pursuant to Chapter 47C or 47F of tine North Carolina General Slftttnles. 5. The DEVELOPER Inns caused to be formed orill �sc is be formic at the time of filing of tiro Declaration,the(lJnit Owners' Association)%11r /elluY' Q / '�y/►i!ro r.f (hereinafter Assoefaliot),a non-profit corporation organized and existing under and by the virtue of(lie laws of the State of North Corolina, for the purpose, among ollues, of handling the properly, affairs and business of the Development; of operating, maintaining, ro-constructing and repairing (lie common elements of the lands and improvements subject to unit ownership, including the Disposal Systcan; and of collecting dues and assessments to provide funds for such operation,maintenance,re-consuvclion nut repair. G. file COMMISSION desires to assure that Tile Disposal System of the Devolop heel is properly comstrucled, anainlained and operated in accordance with Inv and pomit provisions in odor to protect the quality of lire Water of Ile stale and lho public interest therein. NOW TIIEREFORE, it,consido•alfon of the promises and the benefnls to be derived by cch of the parties Io•cto,(he COMMISSION ftnd DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal Systcnn in accordance Willi Iho Permit and plans and specificalioas hereafter issued and approved by the COMMISSION,and shall thereafter properly operate and maintain such syslemts aml facilities ill accordance Willi applicable permit Provisions and Inv. 2, The DEVELOPER shall not Iransfcr ownership all/or control of file llisposal Syslcan to the Association until consh•uolion has been completed in accordance with the perulil and approved Phms, end the staff of the Division of Water Resources has iaspected and approved of the facilities. In order to change file name of the pe•nnit molder, the DEVELOPER must request that the permit be reissued to the Association. 'file request amst include a copy of the Association Bylaws oil([Declaration. 3• The DEVELOPER shall not transfer,convey,assign or olhowise relinquish or COMO its responsibilfly for Ilue operation and maintenance of its Disposal System uulil a permit Ins been reissued to the DEVELOPER's succosso. FORM: DEV 11-17 Page I of i 4, The DEVELOPER shall provide ill the Declaration and Association Bylaws that the Disposal System and I appurtenances thereto are part of the common elements and shall theren(ler he prnpc•ly maintained and Operated in conformity Willi law find the provisions of the permit for construction, Operation, repair, and nabitcnnnce of the system and facilities. The Declaration attd Bylaws shall Identify the cllh•c wasleWatcr t•calnlenl,collection and disposal system its a common element Which will receive the highest priority for expenditures by the Association except for Federal, Slate,and local taxes And insurance 5• The DL'VBLOPBR shall provide in the Declaration and Association Bylaws flint the Disposal Sysloul will be umhnfained out of the common cxpcnscs. In order to assure that(hero shall be fronds readily available to repair,maintain or construct the Disposal System,beyond the routine operation and 111011nlella11CO cxpcnscs, the Declaration and Association Bylaws shall provide (hat a fund be created oul of the connnon expcoses. Such fund shall be separate from file routine maintenance funds allocated for the facility and shall be part of the yca•lybudget• G. is the event the common expense allocation and separate fund are not adequate for the construction,repair, And nmhtteuance of the Disposal System,the Declaration and Association Bylaws shall provide for special assessillenls to cover such necessary costs.Thorc.shall be Ile lllnll oil(Ile alllount of sUCh aSSesstticilts,aal the Declaration and Bylaws shall provide that such special assessments can be nlado As necessary at any little. 7. If a wastewater collection system and wastewater treatment and/or dlsposAl facility provided by Any city, town, village, county, water and sower authorities, or other unit of govcrnuleul shall hochafc•become available to serve the Development, the DBVELOPER shall take such action as is necessary to entlse tie existing find future wastewater of the Development to be accepted and discharged Into said gove•n,,ionlal system,and shall convey or tmisfer as much of file Disposal System and such necessary casements as the govc•anleatal unit,,layrequhc as condition of accepting the Devolopnlenl's wastewater, 8. Recognizing flint it would be contrary to the ptlblio!,,forest and to the public health,safely Aml welfare for the Association to enter into volunla•y dissoltttion without having made adequala provision forthe coulintled proper nlaiulonattco, repah•and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not cuter into voluntary dissolution without first having transferred its sold system and fnoililios to some person, corporation or other entity acceptable to nud Approved by the COMMISSION by the issuance of ope"'It. 9, 1'110 agrecttleals set folih ill auulbcrcd paragraphs 1,2,3,d, 5,G,7,and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintettnnco, repair and operation of life Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in file County(ies)where ilia Declaration is flied and in the offices of the Secretary of Slate of North Carolina Willi the Articles of Incorporation of Ilia Association. IN WITNESS WHEREOF,this agree,,ucat was exectiled in duplicate originals by the duly authoriyed rcprescnlalive of too parties hereto on the tiny and year written as Indicated h of the pa'tos lnam�ed below: Folk'I'IIB 13NVIRONMBNTAL �— MANAOEMENTCOMMISS.WN Nal oW 'BRA bid CIIIpcpI !" lndei Im Director,Division of Wate Resources 11,, ` jw � ))Print atl1 i ;c�iid (Dale) (Date) I'oRM: DEV II-17 Page 2of2