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This Permit shall be effective from the date of issuance until rescinded, and shall be subject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