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HomeMy WebLinkAboutWQ0032016_G Drive Regional Office Physical File Scan Up To 1/4/20211 Willmer, Mikal From:Tom Baldwin, Baldwin Real Estate Inc. <tom@baldwinrealestateinc.com> Sent:Friday, September 9, 2016 6:11 PM To:'John Rose'; Goodrich, David; Davidson, Landon; Price, Bev; Thornburg, Nathaniel Subject:FW: Additional Information Requested for Permit WQ0032016 Attachments:0152_001.pdf Importance:High Dear DENR Folks, Since Mr. Goodrich is out of town, will someone else please respond to John Roses email? When will the permit be issued? Do you at least have time frame? Best Tom Baldwin Baldwin Real Estate Inc. 2112 Hendersonville Rd Arden, NC 28704 This electronic transmission contains information from Baldwin Real Estate, Inc. that may be confidential or privileged. The information is intended solely for the recipient. Use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this information is prohibited. If you received this transmission in error, please notify us immediately by telephone (828-684-3400) or by email (office@baldwinrealestateinc.com). Thank you for your cooperation. The North Carolina Real Estate Commission requires that I disclose to you the difference between a Buyer's Agent, Seller's Agent, and a Dual Agent and the ways I may work for you and with them. For more information on this, please read Working with Real Estate Agents on our website. www.baldwinrealestateinc.com From: John Rose [mailto:jrose@grcclaw.com] Sent: Wednesday, September 07, 2016 4:54 PM To: Tom Baldwin, Baldwin Real Estate Inc. <tom@baldwinrealestateinc.com>; 'Goodrich, David' <david.goodrich@ncdenr.gov> Cc: 'Davidson, Landon' <landon.davidson@ncdenr.gov>; 'Price, Bev' <bev.price@ncdenr.gov>; 'Thornburg, Nathaniel' <nathaniel.thornburg@ncdenr.gov> Subject: RE: Additional Information Requested for Permit WQ0032016 Tom: Thanks, John Mr. Goodrich: Please see attached draft of a Conveyance of Sewer System and Easement. Please confirm whether or not having the same executed and recorded will be sufficient to comply with the o wnership requirement set forth in the letter from the Division of Water Resources. Please review and let me know if you have any comments or concerns. Very truly, John John R. Rose GOOSMANN ROSE COLVARD & CRAMER, P.A. jrose@grcclaw.com Phone: (828) 258-0150 Direct: (828) 350-3766 Privacy Notice: This e-mail transmission (including any documents or files accompanying it) may contain confidential information which is protected by the attorney-client and work product privileges. It is intended only for the use of the recipients named above. If 2 you are not an intended recipient, then please (1) do not read, copy or retransmit this communication, (2) delete it immediat ely, and (3) notify me promptly. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.  Please consider the environment before printing this e-mail. From: Tom Baldwin, Baldwin Real Estate Inc. [mailto:tom@baldwinrealestateinc.com] Sent: Wednesday, September 07, 2016 4:39 PM To: 'Goodrich, David' <david.goodrich@ncdenr.gov> Cc: 'Davidson, Landon' <landon.davidson@ncdenr.gov>; 'Price, Bev' <bev.price@ncdenr.gov>; 'Thornburg, Nathaniel' <nathaniel.thornburg@ncdenr.gov> Subject: RE: Additional Information Requested for Permit WQ0032016 Importance: High David, Hope this finds you well. In light of the fact the Views at Rose Hill has submitted everything and anything your office has requested through attorney John Rose, please let us know when the anticipated arrival of an issued permit will be for the Views at Rose Hill Homeowners Assoc Inc.. Best Tom Baldwin Baldwin Real Estate Inc. 2112 Hendersonville Rd Arden, NC 28704 This electronic transmission contains information from Baldwin Real Estate, Inc. that may be confidential or privileged. The information is intended solely for the recipient. Use by any other party is not authorized. If you are not the intended recip ient, be aware that any disclosure, copying, distribution, or use of the contents of this information is prohibited. If you received this transmission in error, please notify us immediately by telephone (828-684-3400) or by email (office@baldwinrealestateinc.com). Thank you for your cooperation. The North Carolina Real Estate Commission requires that I disclose to you the difference between a Buyer's Agent, Seller's Agent, and a Dual Agent and the ways I may work for you and with them. For more information on this, please read Working with Real Estate Agents on our website. www.baldwinrealestateinc.com From: Goodrich, David [mailto:david.goodrich@ncdenr.gov] Sent: Thursday, August 25, 2016 2:26 PM To: 'tom@baldwinrealestateinc.com' <tom@baldwinrealestateinc.com> Cc: Davidson, Landon <landon.davidson@ncdenr.gov>; Price, Bev <bev.price@ncdenr.gov>; Thornburg, Nathaniel <nathaniel.thornburg@ncdenr.gov> Subject: Additional Information Requested for Permit WQ0032016 Hello Tom, Please find the attached request for additional information relative to Permit WQ0032016. It is also being sent to you by mail. Thank you. Regards, David 3 David Goodrich Hydrogeologist II North Carolina Division of Water Resources North Carolina Department of Environmental Quality 919 807 6352 office david.goodrich@ncdenr.gov 512 North Salisbury Street 1617 Mail Service Center Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Willmer, Mikal From:Tom Baldwin, Baldwin Real Estate Inc. <tom@baldwinrealestateinc.com> Sent:Friday, March 3, 2017 11:36 AM To:Thornburg, Nathaniel; Davidson, Landon; Price, Bev Cc:Goodrich, David; jrose@grcclaw.com Subject:RE: Water and sewer letters Attachments:Waste Water Permit Ltr 2-24-17.pdf Importance:High Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Goodrich,    First of all I appreciate your patience. This has been quite an experience.  I am in receipt of the attached letter from your  office which arrived today.  Please  note that I am not responsible for meeting all the requirements or providing any  additional information.  We simply filled out the original documentation to help the process get started. That  information came from RPB Systems, (Mr. Bob Barr Owner RPB Systems), who is responsible for running this system  submitting all state reports etc.  In fact Mr. Barr is paid to perform those duties.    Somehow, some way, your office needs to recognize that Asheville Builders LLC is the declarant and The Views at Rose  Hill Homeowners Association Inc. is the owner, both are one and the same. Once the declarant has built the complex  out, the declarant turns everything over to the Views at Rose Hill Homeowners Association Inc. You will need to ask Mr.  Rose how they will accomplish that.  The Views at Rose Hill Homeowners Association Inc would remain the owner of the  permit until, and if ever, that entity dissolves itself. This is why I suggested the permit be placed in that Views at Rose Hill  Homeowners Associations name to begin with, so that the homeowners would not have to deal with this situation again  when Mr. Spano turns control over to the HOA.  For your information, that does not occur until Mr. Spano sells  approximately 90% of the lots. It may not be legally possible. That is a question above my pay grade.    I deeply regret initiating the process which has taken too much of my time as well as my staffs.  We are not contracted  to apply for permits and changes in names.  Because I do not know the requirements nor am I responsible for providing  the ongoing paperwork that your office continues to need, please send all other communications to Mr. Spano or Mr.  Rose, both of which are copied on this email.  I have also forwarded any and all of your communications from your office  directly to Mr. Spano and Mr. Rose.  One of which indicated that the current permit is in effect until the new one is  issued.        Best Tom Baldwin Baldwin Real Estate Inc. 2112 Hendersonville Rd Arden, NC 28704 This electronic transmission contains information from Baldwin Real Estate, Inc. that may be confidential or privileged. The information is intended solely for the recipient. Use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this information is prohibited. If you received this transmission in error, please notify us immediately by telephone (828-684-3400) or by email (office@baldwinrealestateinc.com). Thank you for your cooperation. The North Carolina Real Estate Commission requires that I disclose to you the difference between a Buyer's Agent, Seller's 2 Agent, and a Dual Agent and the ways I may work for you and with them. For more information on this, please read Working with Real Estate Agents on our website. www.baldwinrealestateinc.com   STATE OF NORTH CAROLINA r 1' �W%� COUNTY OF Buncombe Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and. entered'intaalis -.• = -8th - day"of January , by and between the North Carolina Environmental -Management Commission, an agency of the State of North Carolina, hereinafter known a$ t r SsION�Pand� Rose Hill Plantation Development, LLC r-- — ,-a-corporation/gen'eraI a . ership registered/licensed to do Clii business in the State of North Carolir�� hereinafter�known as the `�VELO JAN 1 4 2008 WITNESSETH: I L- j I i FEB. 1 2 08 ': i :; CATER Q SECTION 1. The DEVELOPER is the owner of the certan landss ymg in -. �, B com�i T, , � RFr,10 ALOOu � upon which it is erecting and will e�ect dwelling units and other irnpro ement's said development to be N known WATER, C.I ALI l Y SEC IOr� i as Rose Hill 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 DEVELOP] Declaration, the kOS� 1,1111 A I 1 0YI (.®/�JM11)' � I O(i A / �I ( &reinatter 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 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 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 Pagel 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 Rose Hill Plifitation Develo ment LLC AGEMENT COMMISSION Name o ELOPER B --- - - - _ (Signa CoWn H. Sullins, Director Division of Water Quality Marshall Kanner, Manager - J Print Name and Title 08 (Dato (Date) FORM: DEV 02/03 Page 2 of 2 kILt� 4UPY a. I �( AN lul , AND; PAST -TRACK APPLICFORCE:N�Il�� A:TI f r�,�I iONS� t o 1 F ) A TFR 1 JA l State of North Caroliina k._ 1 4 2008 i �.. ' Q i De pftent q. f rogm nt and Natural Resources 4• ° G { •- 1 es I L v I ` Division of Water Quality i WATER QUALITY, N L fl - -� + ASHEVILLE REGIONAL OF !CE -FAST- CK APPLICATION =' I — J I, QUALITY Stu i I �N v-for GRA SIJWERS,FFII STA QO S, AND FORCE MAINS oiissure•§`ewers stems are not to be t as part of this application package) INSTRUCTIONS: Indicate that you have includedladdressed the following list of required application package items by checking the space provided next to each applicable item. Failure to submit all required items will lead to your application being returned as incomplete. This form may be photocopied for use as an original. ®' I. Application Form - Submit one original and one copy of the completed and appropriately executed application form. Any changes to this form will result in the application being returned. The Division of Water Quality (Division) will only accept application packages that have been fully completed with all applicable items addressed. You do not need to submit detailed plans and specifications unless you respond NO to Item 1302). E II. Application Fee - Submit a check in the amount of $400 made payable to: North Carolina Department of Environment and Natural Resources (NCDENR). Checks shall be dated within 90 days of application submittal. ❑ III. Certificates of Public Convenience and Necessity - If the application is being submitted in the name of a privately -owned public utility, submit two copies of the Certificate of Public Convenience and Necessity (CPCN) which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a CPCN has not been issued, provide two copies of a letter from the North Carolina Utilities Commission's Public Staff that states that an application for a franchise has been received, that the service area is contiguous to an existing franchised area, and/or that franchise approval is expected. The project name in the CPCN or letter must match that provided in Item A(2a) of this application. ® IV. Operational Agreements - Submit one original and two copies of a properly executed operational agreement if the sewer extension is permitted by a private applicant and will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels, etc.) that will be sold to another entity. If the applicant is a homeowners' association, use Form HOA 02/03. If the applicant is a developer, use Form DEV 02103. EVEN IF THE PROJECT WILL BE TURNED OVER TO A MUNICIPALITY, FORM DEV 02/03 IS REQUIRED. �] V. Flow Acceptance Letters - If the owner of the downstream sewers and/or WWrF is different from the applicant, submit two copies of a flow acceptance letter from the owner of the downstream sewers and WWTF, if different. Flow acceptance letters must contain the following minimum information: applicant and project name, amount of flow accepted, and name and permit number of the receiving sewers/WWTF. The flow acceptance must not expire prior to permit issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other contracts will not be accepted in lieu of a project -specific flow acceptance letter. VI. Map - Submit an 8.5-inch by 11-inch COLOR copy of the portion of a 7.5-minute USGS'Topographic Map along with this form. The map should identify the entire project area location as well as the closest downslope surface waters as clearly as possible. Each map portion must be labeled with the map name and number, the identified location of the sewer line and pump stations, and be of clear and reproducible quality. For instance, if the project involves 4 miles of interceptor sewer that traverses over or near several different waterbodies (or counties, basins, etc.), the map should have location ID's shown for each different waterbody (where the sewer line is within 100 feet of such waterbody - see Instruction VII). This location ID is self chosen and used to cross reference the location in Section C of the permit application. VII. Stream Classifications - Section C • If any portion of the project is within 100 feet of any down slope surface water, Section C must be completed for the pertinent sections. • If the entire project area is a minimum of 100 feet away from any down slope surface waters BUT there is a pump station involved where a history of power outage is to be used to provide adequate design storage instead of dual feed or permanent or portable generator, Section C must be completed to demonstrate that the closest down slope surface water is Class C (see 15A NCAC 2H .0219(h)(3)(13)). • Use the guidance document entitled, "Determining Watershed Classifications for Form FTA 02103 (Fast -Track Sewer Systems)" available from http://h2o.enr.state.nc.us/peres or by contacting the appropriate regional office. FTA 02/03 - Rev. 3 04/05 ,FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 2 Vill. Environmental Assessments — If this project is subject to an Environmental Assessment (EA) [15A NCAC 01C], this application can not be used. Send the project application on Form PSFMGSA 10/99 to the PERCS Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Applications can not be accepted until a Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS) has been issued. A' copy is to be submitted with that permit application. ® IX. Certifications — Section D The application must be certified by both the applicant and a North Carolina Registered Professional Engineer (PE). The applicant signature must match the signing official listed in Item A(1 b). The PE should NOT certify the application if he/she is unfamiliar with 15A NCAC 2H .0200, the Gravity Sewer Minimum Design Criteria (most recent version) and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (most recent version), as applicable to the project. Certification by a PE who is unfamiliar with these documents is subject to NC Board -referral. ® X. Downstream Sewer S Wastewater Treatment Plant Capacity The applicant has assured downstream pipe, pump station and treatment plant capacity. The addition of new sources of wastewater from this project has been evaluated along the route to the receiving treatment plant. The flow from this project will not cause capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving wastewater treatment plant. If the applicant is not the owner of the downstream sewer or receiving treatment plant, submittal of flow acceptance letter(s) indicates that owner has adequate capacity and will not violate G.S. 143-215.67(a). THE COMPLETED FTA 02/03 APPLICATION PACKAGE, INCLUDING ALL SUPPORTING DOCUMENTS AND $400 FEE, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Swannanoa, North Carolina 28778 Cherokee, Clay, Graham, Haywood, (828) 296-4500 Henderson, Jackson, Macon, Madison, (828) 299-7043 Fax McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen, Cumberland, Hamett, Fayetteville, North Carolina 28301 Hoke, Montgomery, Moore, Robeson, (910) 486-1541 Richmond, Sampson, Scotland (910) 486-0707 Fax Mooresville Regional Office 610 E. Center Avenue, Suite 301 Alexander, Cabarrus, Catawba, Mooresville, North Carolina 28115 Cleveland, Gaston, Iredell, Lincoln, (704) 663-1699 Mecklenburg, Rowan, Stanly, Union (704) 663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Franklin, Raleigh, North Carolina 27699-1628 Granville, Halifax, Johnston, Lee, Nash, (919) 571-4700 Northampton, Orange, Person, Vance, 919 571-4718 Fax Wake, Warren, Wilson Washington Regional Office 943 Washington Square Mail Beaufort, Bertie, Camden, Chowan, Washington, North Carolina 27889 Craven, Currituck, Dare, Gates, Greene, (252) 946-6481 Hertford, Hyde, Jones, Lenoir, Martin, (252) 975-3716 Fax Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, Wilmington, North Carolina 28405 New Hanover, Onslow, Pender (910) 395-3900 (910) 350-2004 Fax Winston-Salem Regional Office 585 Waughtown Street Alamance, Alleghany, Ashe, Caswell, Winston-Salem, North Carolina 27107 Davidson, Davie, Forsyth, Guilford, (336) 771-4600 Rockingham, Randolph, Stokes, Surry, (336) 771-4631 Fax Watauga, Wilkes, Yadkin For more information, visit our web site at: http://h2o.enrstate.nc.us/peres/ FTA 02/03 - Rev. 3 04/05 .. .,YAST-TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 3 /7N-7K_M Application Number: 1 USE THE TAB KEY TO MOVE FROM FIELD TO FIELD' I 1'l (to be completed by DWQ), :1. Owner la. Rose Hill Plantation Development, LLC Full Legal Name (company, municipality, HOA, utility, etc.) o Marshall Kanner, Manager Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!) 1 c. The legal entity who will own this system is: 0 Individual El Federal El MqpicipaRy El State/County El Private Partnership 0 Corporation El Other (sp ify): 0 1d. 3041 New Leicester Hwy le. Leicester LL Mailing Add ress city Z State Zip Code Telephone Facsimile E-mail 2. Project (Facility) Information: a, Brief Project Name (permit will refer to this name) County Where Project is Located 3. Contact Person: '3a. Mark Brooks, PE Civil Engineer Name and Affiliation of Someone Who Can Answer Questions About this Application Phone Number E-mail .1. Project is Z New El Modification (of an existing permit) If Modification, Permit No.: For modifications, attach a separate sheet clearly explaining the reason for the modificationfl.e. adding another phase, changing line sizellength, etc.). Only include the modified information in this permit application - do not duplicate project information in B(7) and B(I 0-11) that has already been included in the original permit 2. Owner is El Public (sidp to Item B(3)) 0 Private (go to Item 2(a)) '?a. If private, applicant will be: 2b. If sold facilities owned by a (must choose one) El Retaining Ownership (i.e. store, church, single office, etc.) or', El Public Utility Lsv��O�onj Z'i El Leasing units (lots, townhomes, etc. - sidp to Item B(3)) lomeote� cti 0' Z Selling units (lots, townhomes, etc. 3. Rose Hill Plantation Development, LLC Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From Thislplro& FEV Z Owner of Downstream Sewer lReceiving Sewer Size I[] Force Main Permit h(timbgE6fb6ir��isire--a-tyi-S�e—v�6-r (if known) 6. The origin of this wastewater is (check all that apply): 71 0 Residential Subdivision [I Car Wash El Apartments/Condominiums El Institution -1.0. Domestic(Commercial. LL1 F1 Mobile Home Park El Hospital School Church' El Restaurant Nursing Home �sne El Office Other (specify): 7. Volume of wastewater to be allocated for this particular project: 27,430 all ay *Do not include previously permitted allocations 8. If the permitted flow is zero, indicate why: F1 Interceptor Line - Flow will be permitted in subsequent permits that conne to thi line E] Flow has already been allocated in Permit No. ER QUALITY SECTIO WAT El Rehabilitation or replacement of existing sewer with no new flow exp� OFFICE '' FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 4 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H .0219(I) for Item 13(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than that in 15A NCAC 2H .0219(I)(1-2) must be supported with actual water or wastewater use data in accordance with 15A NCAC 21-1.0219(I)(3). 52 3-bedroom units x 360gpd = 18,720gpd, 32 2-bedroom units x 240gpd = 7,680gpd, Clubhouse (10gpd x 103 units) _ 1,030gpd Total GPD = 27,430gpd 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) Length (feet) Gravity or Force Main (use the pull down menu) 8° PVC 3985 Gravity 8° DIP-- -------------- -- ------ 757---------- Gravity ----- -_ w - z Z ENTER TOTAL LINE LENGTH IN MILES 0.90 V11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary) Location ID Power Reliability Option (self chosen - as shown on Design Flow' Operational Point (1- dual line feed; 2- permanent generator w/ATS; 3- Q plans for cross-reference) ' (MGD) _ GPM @ TDH `portable generator w/telemetry; 4-wet well storage) O U_ 12. Does the sewers stem comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable? w ® Yes ❑ No If no, please reference the pertinent minimum design criteria or regulation and Indicate why a IL variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION ,13. Have the following permits/certifications been submitted for approval? Wetland/Stream Crossings -General Permit or 401 Certification? ❑ Yes []No ® N/A Sedimentation and Erosion Control Plan? ❑ Yes ❑ No ® N/A Stormwater? ❑ Yes ❑ No ® N/A 14. Does this project involve aerial lines or siphons? Check if yes: ❑ — These lines will be -considered hiah odority-and-must-be checked once every six months .15. Does this project have gravity sewer lines designed at minimum slopes? Be aware that the Division will not accept installed lines more than 10% flatter than the minimum slope. Lines installed outside this tolerance should be corrected prior to submitting the final engineering certification.. FTA 02/03 Rev. 3 04/05 ' FAST -'WRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 5 Z 0 H Q U N a J U Q W OC H U) Coll Z H U LL H W W U r-01 1. Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02/03 (FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality regional office (see instructions for addresses) OR indicate the following: ® A Stream Classification is not needed because all parts of the project are at least 100 feet away from any down slope waterbody; AND, -- -- — - ..- - - -- - -- - ---- - - ® A Stream Classification is not needed because the design does not depend on wet well storage as a power reliability option for any pumpC down slope waterbody. 1station near aClass - __--- - -, - Location ID on Map (seif.chosen - as shown on . Name of — Waterbody Stream Waterbody map for cross-reference) Waterbody County River Basin Index Classification ------- - - --- ----- -- - — ---- --- --------- ------------ ----- - -- - — - - ----------- -- --- ---- - - Submit the 8.5" x I V COLOR topographic map as required in Instruction VI regardless of whether a classification is provided[ ,1. Applicant's Certification: 1, Marshall Kanner, Manager, attest that this application for Rose Hill Plantation Development LLC, has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. Note: In accordance with North Carolina Giiilatutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, c ce in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10, 000 ascivil penalties up to $25,000 per violation.TT-_—_____ Signi_q frdTal Signature 2. Profes ional Engineer's Certification: — - - ` -- T Date I attest that this application for Rose Hill Plantation Development LLC, has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the. best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criter for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance. Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that / have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certn7cation in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10, 000 as well as civil penalties up to $25, 000 per violation. ,2a. Jeff Foster, PE Professional Engineer Name CA ' 2b. Brooks Engineering Associates, PLLC ; =O�QFESSIp�9 ti9 , Engineering Firm 2 �'•. 2c. 17 Arlington Street SEAL - Mailing Address - 0282 - 2 NC 2f 28801 -2d. Asheville e. City State Zip N P .2g. 828-232-4700 2h. 828-232-1331 t2i. jfoster@brooksea.com R. 0 Telephone Facsimile E-mail Seal, Signature & Date FTA 02/03 - Rev. 3 04/05 rkQey Cr7'4 C i •ab y x � ,c�" a,*'.' ems, �` �.*'"� ^`".,, •y �,,� +. •�•y a `� +a. �,+ "ate � "'b'� `� € a� M a n ^.ma' i g, Project found r� Jo £ •y � < Y jj Y —"' • s i � xi;:,b�Ai,.aw:+�yLw'1Y L CC u - � ,"�' �' �..� 8 �w � W+n�3 � y��Ej vy � O _., r °'� `�.'S�— • `.,mac rXdp$�xBSW; Y u.�k ............ z •'* a ,mac .� +" ��, ' ,� ,, •• r yidvj 6 'A a •ti ' `w •,w 's, '•',Se. a" .�.:...,. -,a -w £ . ��t e ' a'". y ' .- w.. `"�,. `� • • °'"gym+..+ � � i � 1 �� a'�• +� C" +a ( �i )ri:F- *b`'� « '•a •£ Ni • - L.. V ° ��i s . r l a s �`«• as .� k. C/6 �..'- �t .a �. "'1,, � �a �'. � 3 � •� 'tip a. a'+• rb t' a by 'L � we x: ,.,.i . "z. wl °-.A a .ab aR - j • id i .,. Or rl � b $ { •a A T p f ` •k• �� a r Cp r � 3 i .' o 1 1 46 , A £p,.r z my RA `v a k Rose Will Plantation - Buncombe County Fast -track USGS Map �'����� ' P 35082-F8-TF-024 1942 500' 0 500' 1000, Pi-@OTOREVISED 1990 DMA 4455 11 NW — SERiES V842 SCALE: 1 "=500' (Horiz. ) All fast -track projects should be submitted on the application entitled "Fast -Track Application for Gravity Sewers, Pump Stations, and Force Mains" (FORM: FTA 02103 Rev 3,currently) unless otherwise directed by the PERCS. Any pump station/force main projects that require an Environmental Assessment (EA) are excluded from the Fast -Track review process, and should be submitted for full review to the Central Office (PERCS) on FORM: PSFMGSA 10/99. Additionally, any projects involving a flow reduction request must receive approval for the flow reduction from the central office. PRE -REVIEW Does the application package appear to be generally complete (i.e. all attachments, check, key questions answered)? If any portion of the application is not complete, or if any required instruction items have been omitted, RETURN the application package and supporting documents to the applicant using the Project Return Letter template. Send the package and y letter via certified mail to the applicant, and a copy of the letter to the engineering consultant. Any projects that are to be returned shall be returned prior to accepting the application (i.e., before logging in the application and depositing the check). After a project has been accepted, any information that is found to be incorrect and/or lacking must be requested via an Additional Information Request in accordance with 15A NCAC 2H .0208(e). 4&D Ensure that a check for S40fris submitted and made out to NCDENR. All new projects and major modifications to existing projects require an application fee. A major modification includes any changes to permitted flow volumes, changes in pipe diameter, changes in pipe length greater that 10% of the originally permitted length, changes in the operating points of a pump station, etc. SECTI A — Application Information If the applicant is private (Item B(2)) and listed as a corporation, check the NC Department of the rSecretary of State's web site at http://www.secretary.state.nc.us/Corporations/ to ensure that the 3 Applicant is registered with the Secretary of State to conduct business as a corporation in the State of NC.. Developer's and HOA's should be listed. *Ensure that the signing official meets the requirements of 15A NCAC 2H .0206(b). If they do not, uest a revised application that has been completed by an appropriate official or a letter from appropriate official that indicates the person in question is delegated to sign the application on applicant's behalf. A current list of Delegated Signing Officials can be obtained from the PERCS. if a new delegated signing official letter is presented with the application, forward a copy to the central office so that the person may be added to the Delegated Signing Official list. The central office will send E-mails to the appropriate region if a new signing official has been added so that the most current list can be used. The Non -Discharge Permitting Unit has an example delegated signing official letter from http://h2o.enr.state.nc.us/PERCS/spraypol.htmI#DELEG. ECTIO — Permit Information Project is new? Modification? If the project is a modification to an existing permit, be sure to enter the application into BIMS as a permit modification (i.e. "renew/modify application" and not "create new project"). BIMS will pull the previous signing official and affiliations information. Please go through all the tabs and ensure the information is correct for the current project. plicant.a public entity (e.g. county, town, sanitary district)? Applicant a. private entity?' Own (i.e. lease) units, lots, parcels, etc? FAST-TRAC pp K A I�eation. Review Procedures 2003 (Rev 2/06). ♦ Operational Agreements are only required if the applicant is not a public entity (i.e. Town, County, etc.) or public utility as designated by the North Carolina Utilities Commission AND the lots being served by the collection system are to be sold to individual owners. ♦ If the applicant is a developer, they must fill out the DEVELOPER Operational Agreement (FORM: DEV 02/03). A developer may be responsible for the system for an interim period until the homeowners association is.formed, at which time a Permit Name/Ownership Change request (FORM: PNOCF 06/00) will be needed to transfer the permit to the HOA. ♦ If the applicant is a homeowners' association (HOA), they must fill out the ASSOCIATION Operational Agreement (FORM: HOA 02/03 The HOA must be registered with the Secretary of State's office and must provide a copy of the Associations' Bylaws and Articles of Incorporation. These documents should be reviewed to ensure that all applicable language regarding the collection system is included as is required by the Operational Agreement. s The Operational. Agreement should be attached to the permit and incorporated into the language of the permit. Please note that Operational Agreement language should not be altered without approval from the Attorney General's Office. Operational Agreements are available at http://h2o.enr.state.nc.us/PERCS/ from the collection system applications page. Approval of flow to receiving sewers and VWVTF? (i.e. P4 procedure, but now in-house!) ♦ Ensure that the receiving sewers and VVVVTF have adequate capacity available to accept the flow volume that is being requested, and that the VVVVTF has been in compliance with their treatment and disposal permit. ��Iow acceptance letter(s) from the owner of the VVVVTF and owner of any intermediate sewers (if different from VVVVTF owner and applicant)? 2H .0205(d)(3)(C) ♦ Required only if the applicant and the owner of the WVVTF/intermediate sewers are not the same entity. ♦ Project specific flow acceptance letters are required. ♦ Ensure that the following items appear in the flow acceptance letter: applicant's name, project name, amount of wastewater flow accepted, date that the flow acceptance was . granted, expiration date of the acceptance, and name/permit number of the receiving WVVTF. Do not accept a flow acceptance letter that was issued more than one year prior to the receipt of the package. ♦ Ensure that the owner accepted the entire volume of flow listed in application.. t FAST -TRACK Application Review Procedures,2003 (Rev 2/06) , r d i WWTP`owner.but Main Problems Noted. A flow: acceptance letter, is provided by the receiving not the downstream ;sewer owner, which, both are differentfrom the applicant°Example, private 'developer, in Knightdale. Both: Knightdale and Raleigh would need to 'provide,a flowacceptance letter as Knightdale will trans e wastewater and Raleigh will treat the wastewater. Wastewater industr or domestic in n ure? ♦ Most projects will be for w ater that is domestic in nature, however, if Item B.6 indicates that the wastewa industrial in nature, notify the Regional Office Pretreatment Coordinator or the WQ Pretreatment Unit Central Office to determine if a pretreatment permit is needed or if a program already in place and compliant. Flow volume calculated correctly? 2H .0219(I) ♦ Ensure that the daily design flow in the application is based on the guidance provided in the regulations or existing flow, and that the explanation as to how this volume was determined is very specific (i.e., 22 three -bedroom homes, 50,000 s.f. of retail space, 18 employees, etc). This information will be included in the description of the system in the permit. Our regs say 120 gpd/bedroom for residential. Note that for one -bedroom the minimum they can use is 240 gpd. ♦ If daily design flow is not based on regulations, ensure that the applicant has an approved flow reduction of daily design flow rate on file with the Division. A list of approved flow reductions may be obtained from the DWQ Intranet or by contacting the PERCS. Flow reduction requests are to be reviewed by the central office, and must be reviewed and approved before the application is accepted by the regional office for review. ♦ On occasion, there may be an instance where supporting documentation is submitted with the application for a specific facility. Contact PERCS to determine a course of action. ♦ Ensure that the flows shown on the application match up to what is shown on the plans (if available for review). For example, if the application states that 100 lots are to be developed, ensure that there are 100 lots, and not 150 lots, shown on the plans. Plans are only required for review if the applicant is requesting a variance to the MDC or the .0200's. ♦ Do not allocate "future" wastewater flows (i.e., that based on speculative development). These would be permitted in future wastewater collection system extensions. Although, we do allocate "unknown" flows on a per acre basis for industrial/commercial park applications., Generally, the Division has accepted between 900 gpd/acre —1500 gpd/acre. Let the engineer support his calculation. C,--`�Adequate information provided regarding the proposed gravity sewer and/or force main (if applicable)? Note 1: An Environmental Assessment may be required if there are 3 miles of gravity sewer over 18-inches in diameter (15A NCAC 1C .0100). Environmental Assessment projects can NOT go Fast -Track! Main Problems Noted: A public entity specifies 6-inch line when 8-inch is required-, 4-inch line is specified and no variance requested Adequate information provided regarding the proposed pump station(s) (if applicable)? Note: An Environmental Assessment may be required if the pump station(s) have a firm capacity f 1,750 GPM or greater (15A NCAC 1 C .0100). If there are any questions about whether an EA may be required, discuss with your supervisor or contact Alex Marks of the Planning Branch's Local Government Assistance Unit. e Power reliability at the pump station provided in accordance with Section 5.04 of the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains document (i.e. dual line feed, portable generator w/telemetry, permanent generator with automatic transfer switch, wet well storage if near Class C waters)? Note 1: Section C of the FTA has to be completed and show a Class C down slope water in order to use wet well storage as a reliability option. Include the special condition in the permit. You will need to ask for storage calculations and -the power outage data. Note 2: Ensure telemetry is specified if a portable generator is called out. Check with the engineer if unsure. Note 3: Ensure an automatic transfer switch (ATS) is specified if a permanent (standby) generator is specified. . Checkwith the engineer if unsure. Main Problems Noted: Failure to specify appropriate or applicable power reliability option. FAST TRACK Application Review Procedures 2003 (Rev, 2/06) Project, designed, in accordance with 15A NCAC 2H 0200, the Gravity Sewer Minimum Design Criteria and the Minimum Design Criteria, for Fast -Track Permitting. of, Pump S#ations and Force Mains document (as applicable)? NO'will be checked in Item B(12) of.the FTA_, If NO, forward one copy of the supporting documents to the Central Office for review, indicating the permit number, owner and project name The Central' Office will review the variance request and if approvable specific language regarding the variance will be forwarded to the Regional Office reviewer to incorporate into the permit A copy of the variance letter provided by the central office should be kept with the application file. If you catch something in the application or supporting documents that is not in accordance with our regs or MDC, send an additional information request. Main Problems Noted: A public entity specifies 6-inch line when 8-inch is required; 4-inch line is specified and no variance requested; supporting documents show slope issues... SECTIO C — Watershed Classification Cplarlopographic map submitted? Watershed classification required? If YES, you are advised to "spot-check" the classification(s). If NO, ensure the applicant/engineer has indicated why one is not required. BOTH BOXES IN SECTION C MUST BE CHECKED TO NOT PROVIDE A CLASSIFICATION! SECTION D —Applicant Certifications igning Official's signature? 2H .0206(b) ♦ Ensure that the applicant's signature is the same person as that listed as the applicant's signing official on Page 1 of the application form. L-----P-E stamped, signed, and dated application, plans, specifications, and calculations (if applicable)? 2H .0205(d)(1)(A)(iii) ♦ Ensure that the same engineer has signed, sealed, and dated the application and all the items, with the exception of items designed by specialty disciplines (i.e., architectural, structural, plumbing, and electrical plans). If not, an explanation and/or authorization is / required. Adequate information provided for the engineer/engineering firm? _PE with active license in North Carolina? 2H .0205(d)(1)(A)(iii) or 2H .0203(28) ♦ Ensure that ALL pertinent P.E's have active licenses by checking the NC Professional Engineer's Board web site (www.ncbels.org - the PE number must be six digits, use leading 0 when needed). ♦ If the PE seal number does not show up on the web site database, call the PE Board for verification (919) 881-2293. Drafting a Permit ♦ In order to be consistent, use the most current version of the Fast -Track permit shell. This permit shell contains specific language with respect to the Minimum Design Criteria, regulations, and collection system permitting. The PERCS will notify you of any changes to this permit shell. ♦ Be specific with respect the system description and information. Indicate the flow, what the project will be serving, length and size of gravity sewer lines and force mains, etc. For projects involving pump stations, the size of the pump stations, as well as the reliability option and any additional info (telemetry, odor control system, etc) should be included. A sample permit is on the DWQ Intranet. ♦ Add or remove any special conditions as necessary. Please call attention to any non-standard permit conditions in the cover letter of the permit and include the permit condition where necessary. See the Example Special Conditions document. ♦ If the project is a modification, don't forget to include the system description from the previous permit and void the previous permit in the language! Some of these can be tricky so feel free to run the drafted permit through PERCS first before issuance. ♦ It is preferable if Fast -Tracks are saved electronically by permit number under issued year and, month. 4, FAST-TRACKApplication Review Procedures 2003 (Rev,2/06) -Ban LAND PLANNING CIVIL ENGINEERING SURVEYING ENVIRONMENTAL SERVICES Letter of Transmittal To: From: Roy Davis Jeff Foster, PE NCDENR Brooks Engineering Associates, PA 2090 US 70 Hwy Swannanoa, NC 28778 (828) 296-4500 Roy.Davis@nctnail.net Project Name: Date: Rose Hill Plantation January 30, 2008 Project No: CC: 199806 ❑ Mail ❑ Deliver l/ Overnight* ❑ Other *must use street address & include phone number Document Description: Date: Use: Application Form —1 original, 1 copy Review & Approval Application Fee — Check # 10 115 in the amount of $400.00 1 /3/08 Use Operation Agreement — Form DEV 02/03 Review & Approval Map — 8.5x11 color map indicating > 100' distance from surface waters Review Comments: Roy, I appreciate having the opportunity to make this submittal and everything to be in order. Should you have any questions or co: contact me at any of the following points of contact: (828) 232-4700 x-308 main office (828) 545-9570 mobile Jfoster@brooksea.com Mr. Marshall Kanner is the sole owner of Rose Hill Plantation 1 applicant for this project. 't*es,�at4 t4§ i F110 "` 1 2M )1neU11�PK1L1 4-MCECTIC N ASHEVILLE REGIONAL OF ICE 17 ARLINGTON STREET ASHEVILLE, NG 28801 P: 828.232.4700 F: 828.232.1331 WWW.BROOKSEA.GOM ®IlVV1%%'i GI14t.711VGGllllm%A MQQW%OIMI QQJ l'M V 1 1 J DATE INVOICE.NO. , COMMENT AMOUNT NETAMOUNT 01/28/2008 012808- 480.00 f�. i9t j - ICI 1 _a -_ DATE 01/28/08 VENDOR NC DENR TOTAL 480.00 OF WATF; t CERTIFIED MAIL RETURN RECEIPT REQUESTED �IcnF cnPv Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 23, 2008 7002 0460 0001 9899 6432 Mr. Marshall Kanner, Manager Rose Hill Plantation Development, LLC 3041 New Leicester Highway Leicester, North Carolina 28748 Dear Mr. Kanner: Coleen H. Sullins, Director Division of Water Quality Subject: Fast -Track Application Return Rose Hill Plantation Buncombe County Attached herewith is the Fast -Track Sewer Application which you submitted seeking permission to construct a sewer system to serve Rose Hill Plantation. The application is being returned for the following reasons: (1) Effective August 1, 2007 the fee associated with a Fast -Track Sewer Application was increased to $480. When resubmitting the application, please include a single check in the amount of $480. (2) Regulation of the North Carolina Environmental Management Commission requires that Applications submitted by corporations must be signed by an officer of the corporation having the rank of at least Vice -President. Your title as "manager" does not tell me if you meet this requirement. I look forward to receiving a completed application. Please do not hesitate to call me at 828/296-4659 should you wish to discuss this matter. , Sincerely, 'R"Y-N� a�� Roy M. Davis Environmental Engineer cc: Jeff Foster, PE Beverly Price Application Return -Rose Hill Plantation. Buncombe County North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 NorthCarolina Natumllil An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 1 Permit No., W00032722. Rose Hill Plantation Development, LLC, Rose Hill Plantation, Buncombe Co.. Feb. 8, 2008 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 4,742 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, 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 • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final , 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 above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) 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. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. 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. r Permit No., W00032722, Rose Hill Plantation Development, LLC, Rose Hill Plantation, Buncombe Co.. Feb. 8. 2008 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 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 1(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. Permit issued this the 8th day of February, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Re-"_U (_� 4E-Ze,'raj� for Col en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032722 Permit No., W00032722, Rose Hill Plantation Development, LLC. Rose Hill Plantation, Buncombe Co.. Feb. 8. 2008 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; 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. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, 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: NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ROSE HILL PLANTATION DEVELOPMENT, LLC ROSE HILL PLANTATION BUNCOMBE COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032722 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) 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. 2. This permit shall be 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 .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. Rose Hill Plantation Development, LLC February 8,''2068 ,y.. ,;: Page 2 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 Rose Hill Plantation Development, LLC for the construction and operation of approximately 4,742 linear feet of 8-inch diameter gravity sewer to serve a residential complex and the discharge of 27,430 gallons per day of collected domestic wastewater into the Rose Hill Plantation sewerage system, pursuant to the application received on February 1, 2008 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 Environment and Natural Resources and considered a part of this. permit. The sewage and wastewater collected by this system shall be treated in the Rose Hill Plantation Wastewater Treatment Facility (Permit No. WQ0032016) prior to being ,land applied. Construction should be coordinated so as to insure that all necessary wastewater collection and treatment facilities are completed and placed in operation prior to completion of the first house. A wastewater pump and haul permit will not be issued for this development. 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. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Buncombe County Building Inspector Jeff Foster, PE Beverly Price Surface Water Protection Section Central Files PERCS Files . G:\WPDATA\DEMWQ\Buncombe\W00032722-Rose Hill Plantation.doc EFILE COPY Mr. Marshall Kanner Rose Hill Plantation Development, LLC 3041 New Leicester Highway Leicester, North Carolina 28748 Dear Mr. Kanner: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office February 8, 2008 Subject: Permit No. WQ0032722 Rose Hill Plantation Development, LLC Rose Hill Plantation Wastewater Collection System Extension Buncombe County In accordance with your application received on January 14, 2008, and additional information received on February 1, 2008, we are forwarding herewith Permit No. WQ0032722, dated February 8, 2008, to Rose Hill Plantation Development, LLC for the construction and operation 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 incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. 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 Quality's (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 proyijed by the North Carolina -licensed Professional Engineer named in the application. It shall be'the Permlttee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org One 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828) 296-4500 Fax (828) 299-7043 NvorthCarolina DENR Customer Service Center Telephone 1 800 623-7748 Naturally An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper AM NC DENR Water Quality Section 2090 US Hwy. 70 Swannanoa, NC 28778 Attn: Roy Davis (need telephone no. i Fedex, no P.O. Project Name: Springs @ Asheville Permit No.: WQ0032722 Project No: 199806 Brooks Engineering Associates Land Planning Civil Engineering Surveying Environmental Services Soil Science Services Letter of Transmittal From: Shawn M. Lynch Date: September 8, 2009 cc: (need telephone no. if Fedex, no P.O. Box) FEP 2009 1JI WATER QUALITY SECTIO ® Mail ❑ Deliver ❑ Overnight* El Other P•SHEVILLE REGIONAL O rIC *must use street address & include phone number Document Description: Date: Use: As -Built Plan 9-8-09 Engineers Certification — Final 9-8-09 Comments: Roy, Please find the above mentioned items for your review and files. Shawn 17 Arlington Street, Asheville, NC 28801 • Phone (828) 232-4700 • Fax (828) 232-1331 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description:' 4,742 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following 1 SEP 1 0 2009 � VIATEF, C U LIT`( sE�Tioh • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, 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 • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for ariy changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial N Final 5s144.1.4,1 N1• Lyvc,s%�as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (X periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) 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. North Carolina Professional Engineer's seal, signature, and date: CAilr��i��o ��� Q+ •'•••�� psi SEND THIS FORM & SUPPORTING DOCUMENTATION OFESS� WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS r • SEA 0316 5 d ROGER C. EDWARDS • SURFACE WATER PROTECTION SUPERVISOR �'. Q•� �� ASHEVILLE REGIONAL OFFICE ��i�'S'•' �GINE�G •�G`�� 2090 US HIGHWAY 70 M •L� ���� SWANNANOA, NC 28778 �// The Permittee is responsible for tracking all partial certifications up until a final certification is received. 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. ■ Complete items 1, 2, and 3. Also complete A. Signatur - item 4 if Restricted Delivery is desired. Agent E Print your name and address on the reverse X `� ❑ Addres so that we can return the card to you. B. Received by (Printed Name) C. D to of Deliy North Carolina Department ot� , PIMA Environment and Natural Resources6s different from item 1? ❑ Yes Division of Water Qualityivery address below: ❑ No Surface Water Protection Section 8778C_ 2090 U.S. Highway 70, Swannanoa, NC 2 DEN-I8 fe . ,RSHALL KANNER, MANAGER _ y c.e w�`��` %x r.: 5E 3�ILL PLANTATION DEVELOPMENT, LLC;eType 3041 NEW LEICESTER HIGHWAY f Certified Mail�e=lecelpt Mail LEICESTER NC 28748 F-I El Registered for Merchandis. ❑ Insured Mail O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes - - - - - --.1 7002 �0460 � 00101 � 9'899 6432.- )c r...... 'lilt 1 0-k-- onnn n,,., —fi, aor... . ao.oi.,t 1n9FAF-n9.M-1 Fd UNITED STATE PM - ------ ---- • Sender: Please print your name, address, and ZIP ox • MR. ROY DAVIS NCDENR-DWCI-SWP/ 2090 U.S HIGHWAY 70 SWANNANOA NC 28778