HomeMy WebLinkAboutWQ0040179_Permit (Modification)_20200210DocuSign Envelope ID: C7EA3615-E406-4353-9A81-25C4547EEE4E
ROY COOPER
nGovernor
MICHAEL S. REGAN '
Secretary
S. DANIEL SMITH NORTH CARCLINAEnyfrvnmerttd1Qf9d1(t)e
vrrvnmerttdr Qf9orrty
Director
February 10, 2020
Andrew Furr, Manager
Live Oak Development LLC
1730 Scotts Hill Loop Road
Wilmington NC 28411
Subject: Permit No. WQ0040179 MODIFICATION
Live Oak Development LLC
Live Oak Warehouse Private Pump Station
Wastewater Collection System Extension
Pender County
Dear Mr. Furr:
In accordance with your application received November 25, 2019 and additional information received on
February 7, 2020, we are forwarding herewith Permit No. WQ0040179 dated February 10, 2020 to the
Live Oak 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rescinded, shall void Permit No. WQ0040179 issued August 15, 2018, and shall be subject to the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.
This modification adds an additional flow allocation of 700 gallons per day for two additional
warehouses on the site with no additional infrastructure.
Please pay particular attention to the following conditions contained within this permit:
Special Conditions:
Condition 1.1: This permit shall become voidable unless the agreement between the Live Oak
Development LLC and the Pluris Hampstead LLC for the collection and final treatment of
wastewater is in full force and effect. [15A NCAC 02T.0304(h)]
Condition 1.2: No flow in excess of the quantity or number & type of connections permitted herein shall
be made tributary to the subject sewer system until an application for permit
modification has been submitted to and approved by the Division. [15A NCAC
02T.0304(b)]
Condition 1.3: Each pump station shall be clearly and conspicuously posted using a weatherproof sign
with the address, a pump station identifying name/number, 24-Hour Emergency
telephone number, and name of the owner/operator of the sewer system/pump station
and instructions to call the number in the event of alarm activation or other emergency.
Division of Water Resources —Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-7215\ Internet: www.deg.nc.gov
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.)impiex pump stations or vacuum sewer pits serving a single-family residence may have
a placard or sticker without the address placed on the control panel in lieu of a sign. [15A
NCAC 02T .0305(h)(2)]
Standard Conditions:
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]
Condition 11.13: If the Permittee/Applicant holds a system -side collection system operation,
maintenance and management permit (WQCS-prefix) from the Division, then the
following applies: For all newly constructed, modified and rehabilitated pump stations,
all equipment and components shall be sealed within a corrosion -resistant coating or
encasement to the extent practicable and equivalent to the minimum design criteria
unless the permittee can demonstrate it is not practicable or another form of corrosion
resistance is employed. [15A NCAC 02T .0108 (b)]
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 Permit Reviewer at (910) 796-
7215 or via e-mail at Permit.Reviewer@ncdenr.gov.
Sincerely,
DocuSigned by:
I ONE �narrl�On,
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Jimmy Fentress, Stroud Engineering (Laserfiche info via email)
Pluris Hampstead (Laserfiche info via email)
Upload to Laserfiche
Permit No. WQ0040179 February 10, 2020 Page 2 of 7
DocuSign Envelope ID: C7EA3615-E406-4353-9A81-25C4547EEE4E
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NORTH L�AgO_INA
En Orvnmerfai Qualliy
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
LIVE OAK DEVELOPMENT LLC
PENDER COUNTY
For the continued operation of a 20—gallon per minute pump station with duplex pumps, on -site audible
and visual high water alarms, telemetry, and a portable generator receptacle with manual transfer switch
as well as approximately 170 linear feet of 2-inch force main to serve three (3) warehouses with an office
as part of the Live Oak Warehouse Private Pump Station project, and the discharge of 1,050 gallons per
day of collected domestic wastewater into the Pluris Hampstead LLC's existing sewerage system, pursuant
to the modification application received November 25, 2019 and additional information received February
7, 2020 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 system was certified complete on August 21, 2019.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
Permit Number: WQ0040179
Issued Today: February 10, 2020
DocuSigned by:
I ONE �narrl�On.
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By Authority of the Director and The Environmental Management Commission
Permit No. WQ0040179 February 10, 2020 Page 3 of 7
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SUPPLEMENT TO PERMIT COVER SHEET
LIVE OAK DEVELOPMENT 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 Pluris Hampstead Wastewater
Treatment Facility in accordance with Permit Number WQ0037287.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division of Water Resources' (Division) 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 the Live Oak Development LLC and the
Pluris Hampstead LLC 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 or number & type of connections permitted herein shall be made
tributary to the subject sewer system until an application for permit modification has been submitted to
and approved by the Division. [15A NCAC 02T.0304(b)]
3. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with the address,
a pump station identifying name/number, 24-Hour Emergency telephone number, and name of the
owner/operator of the sewer system/pump station and instructions to call the number in the event of
alarm activation or other emergency. Simplex pump stations or vacuum sewer pits serving a single-family
residence may have a placard or sticker without the address placed on the control panel in lieu of a sign.
[15A NCAC 02T .0305(h)(2)]
II. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities
to change ownership, or there is a name change of the Permittee, a formal permit request shall be
submitted to the Division accompanied by documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request shall be considered on its merits and may
or may not be approved. [15A NCAC 02T.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]
Permit No. WQ0040179 February 10, 2020 Page 4 of 7
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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, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days
per year). Pump stations that are connected to a telemetry system shall be inspected at least once per
week.
e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with
15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute
§143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least biannual
distribution of educational materials for both commercial and residential users and the legal means to
require grease interceptors at existing establishments. The plan shall also include legal means for
inspections of the grease interceptors, enforcement for violators and the legal means to control grease
entering the system from other public and private satellite sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual
distribution of grease education materials to users of the collection system by the permittee or its
representative.
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. Noncompliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Wilmington Regional
Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours or on
the next working day, 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
Permit No. WQ0040179 February 10, 2020 Page 5 of 7
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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 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)]
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)]
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 in
accepted electronic format 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.
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.
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 changes of 10% or greater by type & size, 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.
Permit No. WQ0040179 February 10, 2020 Page 6 of 7
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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 .01161
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)]
13. If the Permittee/Applicant holds a system -side collection system operation, maintenance and
management permit (WQCS-prefix) from the Division, then the following applies: For all newly
constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed
within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the
minimum design criteria unless the permittee can demonstrate it is not practicable or another form of
corrosion resistance is employed. [15A NCAC 02T .0108 (b)]
Permit No. WQ0040179 February 10, 2020 Page 7 of 7