HomeMy WebLinkAboutWQ0034720_Permit (Issuance)_20100827NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 25, 2010 DENR-FRCS
Mr. Jim Bivins AUG 2 l 2010
Landing Resort Property Owners Association, Inc.
201 NC740 DWQ
Albemarle, North Carolina 28001
Subject: Permit No. WQ0034720
The Landing Subdivision
Low Pressure Sewer System
Montgomery County
Dear Mr. Bivins:
In accordance with your permit application received April 21, 2010, and additional
information received by the Division of Water Quality (Division), we are forwarding herewith
Permit No. WQ0034720 dated August 25, 2010, to Landing Resort Property Owners
Association, Inc., for the construction and operation of the subject wastewater collection system.
This Permit shall be effective from the date of issuance until rescinded, and shall be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. (Engineer's Certification Form is attached.)
One set of approved plans and specifications is being forwarded to you.
1617 Mail Service Center, Raleigh, North Carolina 27699.1617 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina
Phone: 919-807.M \ FAX: 91 M07-64921 Customer Service: 1.877.623-6748
Internet: www.ncwaterquality.org Natumlly
An Equal Opportunity 1 Atfirmative Action Employer
Mr. Jim Bivins
August 25, 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,
tz�coleen H. Sullins
ae/sr
cc: Mr. Lee Humphrey, P.E., Hobbs, Upchurch & Associates, P.A., 300 S.W. Broad Street,
Southern Pines, NC 28387
DWQ Fayetteville Regional Office, Surface Water Protection Section (NC0021105)
Montgomery County Health Department
Permit Application File WQ0034720
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOMR
_FRD
RALEIGH
AUG 272010
WACTF.WATF.R rntJ.F.VTinN PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO THE
LANDING RESORT PROPERTY OWNERS
ASSOCIATION, INC.
Montgomery County
1;Ci] t a IIs
construction and operation of a low pressure sewer system consisting of: approximately 2,542
linear feet of 2-inch pressure sewer; approximately 960 linear feet of 3-inch pressure sewer; 36
simplex pump stations with on -site audible and visual high water alarms to serve 36 3-bedroom
single family residential units as a part of The Landing subdivision, and the additional discharge
of 13,320 GPD of collected wastewater into the Town of Mt. Gilead WWTF (Permit No.
NC0021105) sewerage system pursuant to the permit application received on April 21, 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:
(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.
Landing Resort Property Owners Association, Inc.
August 25, 2010
Permit No. WQ0034720
Page 2
(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 Mt.
Gilead WWTF (Permit No. NC0021105) sewerage system prior to being discharged.
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.
Landing Resort Property Owners Association, Inc.
August 25, 2010
Permit No. WQ0034720
Page 3
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 NCG010000, 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
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.
Landing Resort Property Owners Association, Inc.
August 25, 2010
Permit No. WQ0034720
Page 4
(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.
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:
Landing Resort Property Owners Association, Inc.
August 25, 2010
Permit No. WQ0034720
Page 5
(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
U 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 25th Day of August 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. WQ0034720
Landing Resort Property Owners Association, Inc.
Permit No. WQ0034720
The Landing Subdivision
Low Pressure Sewer System
Issued August 25, 2010
ENGINEER'S CERTIFICATION
I, , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the low pressure sewer system serving the The Landing subdivision, located in
Montgomery County, hereby state that to the best of my abilities, due care and diligence was
used in the observation of the following construction:
a low pressure sewer system consisting of: approximately 2,542 linear feet of 2-inch pressure
sewer; approximately 960 linear feet of 3-inch pressure sewer; 36 simplex pump stations with
on -site audible and visual high water alarms to serve 36 3-bedroom single family residential
units as a part of The Landing subdivision, and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources.
I certify that the construction of the above referenced project was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Signature
Date
Registration No.
Mail this Certification to: DENR/DWQ
Construction Grants & Loans Section
1633 Mail Service Center
Raleigh, North Carolina 27699-1633.
Note: If the wastewater collection permit was issued to a private entity under an Operational
Agreement with the Environmental Management Commission, then a copy of the Articles
of Incorporation, Declarations, and Bylaws that have been properly filed with the
applicable County's Register of Deeds shall be submitted with this certification.
STATE OF NORTH CAROLINA '
COUNTY OF Permit No. W (Z00 3 4 7-ZO
HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) 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
o���s-Asses��e�, X-C- . a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as Landing Resort Subdivision
(hereinafter the Development); of operating, maintaining, re -constricting and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
?. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the 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.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly
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 ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
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 ASSOCIATION 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.
FORM: HOA 02/03 Page 1 of 2
3. T"ne ASSOCIATION shall pride a in the Declaration and Association I, ws 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 fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made
as necessary at any time.
5. 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 ASSOCIATION 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.
6. 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 ASSOCIATION 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.
7. The ASSOCIATION 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
ASSOCIATION'S successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. 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
MANAGEMENT COMMISSION
Coleen H. Sullins, Director
Division of Water Quality
r-a'-�c-,(0
(Date)
D,Inc.
Name o ASSOCIATI N
Print Name and Title
(Date)
FORM: HOA 02/03 Page 2 of 2
Landing Resort Property Owners Association, Inc.
Permit No. WQ0034720
The Landing Subdivision
Low Pressure Sewer System
Issued August 25, 2010
ENGINEER'S CERTIFICATION
1, David T. Upchurch , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the low pressure sewer system serving the The Landing subdivision, located in
Montgomery County, hereby state that to the best of my abilities, due care and diligence was
used in the observation of the following construction:
a low pressure sewer system consisting of: approximately 2,542 linear feet of 2-inch pressure
sewer; approximately 960 linear feet of 3-inch pressure sewer; 36 simplex pump stations with
on -site audible and visual high water alarms to serve 36 3-bedroom single family residential
units as a part of The Landing subdivision, and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources.
I certify that the construction of the above referenced project was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Signature Registration No
Date "I- !
Mail this Certification to: DENR/DWQ
Construction Grants & Loans Section
1633 Mail Service Center
Raleigh, North Carolina 27699-1633.
4e. 9 57D
Note: If the wastewater collection permit was issued to a private entity under an Operational
Agreement with the Environmental Management Commission, then a copy of the Articles
of Incorporation, Declarations, and Bylaws that have been properly filed with the
applicable County's Register of Deeds shall be submitted with this certification.