HomeMy WebLinkAboutWQ0039675_Owner (Name Change)_20200306 ROY COOPER 1 ° tF
Governor . `. . I 'yr, i�',
MICHAEL S.REGAN map*
ca Secretory �� ao,
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 6, 2020
PJ Kelly,Vice President,
Atlantic View Unit Owners Association
60 Gregory Road,Suite 1
Belville, NC 28451
Subject: Change of Ownership Approval
Permit No.WQ0039675
Atlantic View Mixed Use Private Sewer
New Hanover County
Dear Mr. Kelly:
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0039675.This modification is to change ownership from 19 E Salisbury, LLC to Atlantic View Unit
Owners Association, and Atlantic View Unit Owners Association is now responsible for the continued
operation and maintenance of the subject wastewater collection extension. Our database has been
revised to reflect the ownership change.This cover letter shall be considered a part of this permit and is
therefore incorporated therein by reference.
The Permittee shall maintain compliance with its individual system-wide collection system permit for
the operation and maintenance of these facilities as required by 15A NCAC 2T.0400 and G.S 143-215.9B.
If you have any other questions regarding this matter, please contact Kristin Litzenberger at(919)707-
3699 [email: Kristin.Litzenberger@ncdenr.gov].
Sincerely,
3/171-.611. .
for S. Daniel Smith, Director
Division of Water Resources, NCDEQ
enclosures: Permit No. WQ0039675
.0403 Supplement
cc: DI Logan, 19 E Salisbury, LLC [dlogan@loganhomes.com]
Wilmington Regional Office, Water Quality Regional Operations Section
PERCS Files(electronic copy)
•
North nm Environmental Quality I Division of Water Resources
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Department of Ensvonenentslo 14 919.707.9000
15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division approved average daily flow less than
200,000 gallons per day are deemed permitted pursuant to Rule.0113 of this Subchapter provided
the system meets the criteria in Rule.0113 of this Subchapter and all specific criteria required in this
Rule:
(1) The sewer system is 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.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule,spare parts inventory and overflow response has been.
developed and implemented.
(4) Pump stations that are not connected to a telemetry system(i.e., remote alarm system)are
inspected by the permittee or its representative every day(i.e.,365 days per year). Pump
stations that are connected to a telemetry system are inspected at least once per week.
(5) High-priority sewers are inspected by the permittee or its representative at least once every
six-months and inspections are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is
conducted at least once per year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in
accordance with 15A NCAC 02B.0506(a),and public notice is provided as required by G.S.
143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly 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 for new
construction and retrofit, if necessary,of 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.
(B) For privately owned collection systems,the Grease Control Program shall include at
least biannual distribution of grease education materials to users of the collection
system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts
(A)and (B)of this Subparagraph if necessary to prevent grease-related sanitary
sewer overflows.
(9) Right-of-ways and easements are maintained in the full easement width for personnel and
equipment accessibility.
(10)Documentation shall be kept for Subparagraphs(a)(1)through (a)(9)of this Rule for a
minimum of three years with exception of the map,which shall be maintained for the life of
the system.
(b) Private collection systems on a single property serving an industrial facility where the domestic
wastewater contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system should not be deemed to be permitted in
accordance with this Rule and Rule.0113 of this Subchapter.This determination shall be made in
accordance with Rule.0113(e)of this Subchapter.
History Note:Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff.September 1,2006.
ROY COOPER
Governor
MICHAEL S. REGAN
hriC
Secretary
LINDA CULPEPPER
Interim Director
Water Resources
ENVIRONMENTAL QUALITY
January 3,2018
D. Logan,Manager
19 E.Salisbury, LLC
60 Gregory Road NE
Suite 1
Belville, NC 28451
Subject: Permit No.WQ0039675
19 E.Salisbury,LLC
Atlantic View Mixed-Use Private Sewer
Wastewater Collection System Extension
New Hanover County
Dear Mr. Logan:
In accordance with your application received November 30,2017 we are forwarding herewith Permit No.
WQ0039675 dated January 3, 2018 to the 19 E. Salisbury, 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:
Special Conditions:
Condition 1.1: This permit shall become voidable unless the agreement between the 19 E. Salisbury,
LLC and the Town of Wrightsville Beach 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: 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]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.
f Nothing Compares -_-.
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
Phone:910-796-7215\Internet:www.deq.nc.gov
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper
Condition 1.4: The abandonment of any existing wastewater facilities including septic systems being
replaced by new sewer infrastructure shall be done in accordance with the applicable
agency having compliance oversight on such facilities. [15A NCAC 02T.0105(c)(6)]
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 11.13: 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 150E of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless suchdemands are made,this permit shall be final and binding.
If you need additional information concerning this matter,please contact Dean Hunkele at(910)796-7215
or via e-mail at Dean.Hunkelepncdenr.gov.
Sincerely,
Morella Sanchez-King,Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Attachment: Operational Agreement
Cc: Rob Balland, Paramounte Engineering (via email)
William Squires,Town of Wrightsville Beach (via email)
WIRO,Water Quality Section—Wilmington Southside(NC0023973)Sewer Ext. File
Central Files,Water Quality Section
PERCS Unit (via email)
Permit No.WQ0039675, Page 2 of 9
•:•
Environmental
Quality
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
19 E. SALISBURY, LLC
NEW HANOVER COUNTY
for the construction and operation upon certification of approximately 326 linear feet of 6-inch gravity
sewer to serve 21 three-bedroom residences and 2,065 sq ft of general retail space(no food services)as
part of the Atlantic View Mixed-Use redevelopment project generating 7,767 gallons per day of collected
domestic wastewater with no net increase in discharge into the Town of Wrightsville Beach's existing
sewerage system, pursuant to the application received November 30, 2017 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.
Permit Number: WQ0039675
Issued Today: January 3,2018
•
Morella Sanchez-King,Acting 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.WQ0039675 Page 3 of 9
SUPPLEMENT TO PERMIT COVER SHEET
19 E. SALISBURY, 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 Wilmington Southside Wastewater
Treatment Facility in accordance with Permit Number NC0023973.
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 19 E. Salisbury, LLC and the
Town of Wrightsville Beach 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. 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]
4. The abandonment of any existing wastewater facilities including septic systems being replaced by new
sewer infrastructure shall be done in accordance with the applicable agency having compliance
oversight on such facilities. [15A NCAC 02T.0105(c)(6)]
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)]
Permit No.WQ0039675 Page 4 of 9
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, 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.
Permit No.WO0039675 Page 5 of 9
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
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)]
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.
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.
Permit No.WQ0039675 Page 6 of 9
b. One copy of the supporting pump station design calculations (selected pumps, system curve,
operating point, buoyancy calculations, and available storage if portable generator(s)or storage
greater than longest past three year outage reliability option selected) for any pump stations
permitted as part of this project.
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
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)]
Permit No.WQ0039675 Page 7 of 9
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.WQ0039675 Page 8 of 9