Loading...
HomeMy WebLinkAboutWQ0033595_Permit (Modification)_20100517Kja NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. Robert A. Cohen, President Eldorado Development Corporation PO Box 545 Norwood, NC 28128 Dear Mr. Cohen: Dee Freeman Secretary May 17, 2010 DENRi-FRO DWO Subject: Permit No. WQ0033595 (Modification) Swift Island Plantation Subdivision Sewer Collection System Montgomery County In accordance with your request for permit modification received May 11, 2010 by the Division of Water Quality (Division), we are forwarding herewith Permit No. WQ0033595 dated May 17, 2010, to Eldorado Development Corporation for the construction and operation of the subject wastewater collection system. This permit voids permit WQ0033595 issued June 12, 2009. This Permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. 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. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the approved plans and specifications. Mail the Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 One Location: 512 N. Salisbury St Raleigh, North Carolina 27604 NorthCarolina Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623.6748 Internet www.ncwaterquality.org Natimar/ L y An Equal Opportunity 1 Affirmative Action Employer Mr. Robert Cohen May 17, 2010 Page 2 If you need additional information concerning this matter, please contact Adrian Eaton, State Review Engineer, at (919) 715-3283 or Seth Robertson, P.E. at (919) 715-6206. Sincerely, Coleen H. Sullins cc: Stephen Chambers, P.E., Chambers Engineering, PA., PO Box 1726, Albemarle, NC 28002 Fayetteville Regional Office, Surface Water Protection (Permit No. NC0021105) Adrian Eaton, CG&L Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOO R_FRO RALEIGH MAY 19 2010 WASTEWATER COLLECTION PERMIT DWO 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 ELDORADO DEVELOPMENT CORPORATION Montgomery County FOR THE construction and operation of a sewer extension system consisting of: approximately 244 linear feet of 1.25-inch pressure sewer; approximately 1,323 linear feet of 2-inch pressure sewer; approximately 4,449 linear feet of 3-inch pressure sewer; 71 simplex pump stations with on -site audible and visual high water alarms to serve 71 3-bedroom single family residential units; as a part of the Swift Island Plantation Subdivision, and the discharge of 0 GPD (flow permitted under Permit No. WQ0034752 issued May 17, 2010) of collected wastewater into the Town of Mount Gilead WWTF (NC0021105) pursuant to the permit application received on May 11, 2010, and subsequent additional information received by the Division, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources 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 following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 .0400. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0400: Eldorado Development Corporation May 17, 2010 Permit No. WQ0033595 Page 2 (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 actively maintained. (c) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response shall be developed and implemented. (d) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) shall be inspected by the permittee or its representative 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 sewers shall be inspected by the permittee or its representative at least once every six -months and inspections are documented. (f) A general observation by the permittee or its representative 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 02B .0506(a), and public notice shall be provided as required by G.S. 143-215.1C. (h) A Grease Control Program shall be established as follows: (i) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual 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. (ii) 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. (iii) Grease education materials shall be distributed more often than required in Parts (i) and (ii) 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) for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. The sewage and wastewater collected by this system shall be treated in the Town of Mount Gilead WWTF (NC0021105) sewerage system prior to being discharged. Eldorado Development Corporation May 17, 2010 Permit No. WQ0033595 Page 3 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main 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. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. (Engineer's Certification Form is attached.) 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 10. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local,. state, and federal) having jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. The Permittee shall provide for the pump station and force main the following items: (a) Pump Station Reliability: (i) Pump stations, except when exempted by Subparagraph 0)(2) of 15A NCAC 02T.0305, shall be designed with multiple pumps such that peak flow can be pumped with the largest pump out of service. (ii) A standby power source or pump is required at all pump stations except for those pump stations subject to Subparagraph 0)(2) of 15A NCAC 02T.0305. Controls shall be provided to automatically activate the standby source and signal an alarm condition. (iii) As an alternative to Part (ii) for pump stations with an average daily design flow less than 15,000 gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or pumping capability may be utilized. It Eldorado Development Corporation May 17, 2010 Permit No. WQ0033595 Page 4 shall be demonstrated to the Division that the portable source is owned or contracted by the permittee and is compatible with the station. If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. (iv) As an alternative to Part (ii) for pump or vacuum stations connecting a single building to an alternative sewer system, wet well storage requirements shall be documented to provide 24-hours worth of wastewater storage or, exceed the greatest power outage over the last three years or the documented response time to replace a failed pump, whichever is greater. Documentation shall be required pursuant to the permit application. (v) All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a problem condition to include power failure and high water alarm. (vi) High water audio and visual alarm. (b) Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour emergency number and instructions to call in case of emergency. Simplex pump or vacuum stations serving a single-family residence shall have a placard or sticker placed inside the control panel with a 24-hour emergency contact number. (c) Screened vents for all wet wells. (d) The public shall be restricted access to the site and equipment. (e) Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten feet. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those that may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. The facilities shall be constructed in accordance with the requirements of the North Carolina Sedimentation Pollution Control Act. 14. If applicable, the Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is made a condition of this Permit. Noncompliance with the terms of the Operational Agreement may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. A copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed shall be submitted with the engineer's certification prior to operation. 15. Any abandoning of the existing facilities must be done in accordance with the requirements of the Division's Fayetteville Regional Office. Eldorado Development Corporation May 17, 2010 Permit No. WQ0033595 Page 5 16. Noncompliance Notification: The Permittee shall verbally report to a water quality staff member at the Fayetteville Regional Office, telephone number (910) 433-3300, 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 render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or breakage, etc. (b) Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition I(2), 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. 17. The Permittee shall maintain on hand for immediate installation a supply of spare, fully operational pump units of each type used in the pressure sewer system. The number of pumps on hand shall not be less than 10 percent of the number of installed units or one unit, whichever is greater. Permit issued this the 17th Day of May 2010 NOW CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. WQ0033595 STATE OF NORTH CAROLINA \ COUNTY OF Permit No. 9 5 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this day of , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Eldorado Development Corp. , a corporation/gener-al-pai4nemkimp registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Montgomery County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Swift Island Plantation (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Swift Island Plantation Home Owner's Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is property constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and Facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and .Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 02/03 Page I of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL Woo velopmen C AGEM�ENT COMMISS ON NaP R Bv teen H. Sullins, Director ature) Division of Water Quality _Robert A. Cohen, Pres. Print Name and Title (Date) (Date) FORM: DEV 02/03 Page 2 of 2