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rescinded and shall be subject to the conditions and limitations as specified therein.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
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))Print atl1 i
;c�iid
(Dale) (Date)
I'oRM: DEV II-17 Page 2of2