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HomeMy WebLinkAboutWQ0031045_Permit (Modification)_20080807Mr. Mark Adkins, President Waterfront Group NC, LLC. 17505 West Catawba Avenue Suite 350 Cornelius, North Carolina 28031 Dear Mr. Adkins: 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 August 7, 2008 RECEWE® AUC) I I a 08 DWO- TARNO, Subject: Permit No. W00031045 Modification Express Permit Vacuum Sewer System Riversound Subdivision Chowan County e jeAton In accordance with your Express Permit application received May 29, 2008, and additional inforniation received by the Division, we are forwarding herewith Modified Permit No. WQ0031045 dated August 7, 2008, to Waterfront Group NC, LLC for the construction and operation of the subject wastewater collection system. This Permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0031045 issued August 20, 2007, and shall be subject to the conditions and limitations as specified therein.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 pern3it 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. N��ihCarolina nturnll� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: wvrw nawaterauaGN.0 g 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OpportunitylANirmative Action Employer —50% Recycledr109; Post Consumer Paper Mr. Mark Adkins August 7, 2008 Page 2 If you need additional information concerning this matter, please contact Adrian Eaton at (919) 715-3283 or Seth Robertson P.E., at (919) 715-6206. Sincerely, rColeen H. Sullins ae/kp cc: Chowan County Health Department Seth Robertson P.E. Daniel M. Blaisdell P.E. Adrian Eaton Washington Regional Office, Water Quality Section (Permit WQ0031246) Keith Anthony, P.E., Shield Engineering, Inc., 4301 Taggart Creek Road, Charlotte, NC 28208 Permit Application File WQ0031045 STATE OF NORTH CAROLINA COUNTY OF Chowan Permit No. _ W00031045 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 30 day of lulu 2008 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Waterfront Group NC LLC , a corporation/gcneral partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Chowan County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Riversound Development (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. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Riversound Property Owners' Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect time 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: I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 02/03 Page 1 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 fiord 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 Developments 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(ics) 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 TIIE ENVIRONMENTAL ZM AGEMENpT COMMISSION (f't�-�t-c.�f' %iq . llJ44-a Q.et- Coleen H Sullins., Director Division of Water Quality (Date) Waterfront Group NC, LLC NameofDEVELOPER Bv:7N 41 (Signature) Mmak R• Akk.,s Print Name and Title ert�os - (Date) FORM: DEV 02/03 Page 2 of 2 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION 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 WATERFRONT GROUP NC, LLC Chowan County FOR THE construction and operation of a vacuum sewer system consisting of: approximately 33,778 linear feet of 4-inch vacuum sewer; approximately 8,502 linear feet of 6-inch vacuum sewer; approximately 2,890 linear feet of 8-inch vacuum sewer; approximately 2,714 linear feet of 10- inch vacuum sewer; a 3,400 gallon vacuum storage tank; a 525 gpm transfer pump station with duplex pumps, audible and visual alarms, onsite standby generator and telemetry; approximately 3,575 linear feet of 6-inch force main; 192 standard valve pits serving 316 residential connections (113,760 GPD), a common area riverhouse (@ 250 GPD), a WWTF restroom (@ 75 GPD), a vacuum station pump house restroom (@ 75 GPD) as a part of the Riversound Development; and the discharge of 114,610 GPD of collected wastewater into the Waterfront Group NC, LLC WWTF (WQ0031246) existing sewerage system pursuant to the application received on May 29, 2008, 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 also grants permission for the: construction and operation of a vacuum sewer system consisting of approximately 14,230 linear feet of 4-inch vacuum sewer, approximately 3,150 linear feet of 6-inch vacuum sewer, and approximately 2,320 linear feet of 8-inch vacuum sewer, a 455 cfin vacuum station with dual suction pumps, a biefilter odor control bed, and approximately 137 standard valve pits serving 224 (@ 80,640 GPD) residential connections and a common area riverhouse (@ 250 GPD) in the Riversound Development, and the discharge of 80,890 GPD of collected wastewater into the Waterfront Group NC, LLC existing sewerage system, pursuant to the application received June 15, 2007, 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. Waterfront Group NC, LLC. August 7, 2008 Modified Permit No. WQ0031045 Page 2 This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0031045 issued August 20, 2007, and shall be subject to the following specified conditions and limitations: 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. (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 alarni 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. Waterfront Group NC, LLC. August 7, 2008 Modified Permit No. WQ0031045 Page 3 (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 Waterford Group NC, LLC Wastewater Treatment Facility (WQ0031246) existing sewerage system prior to being land applied. 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 of Water Quality (Division) accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the vacuum 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 Pennittee 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 213.0200 and 15A NCAC 2H .0500. Waterfront Group NC, LLC. August 7, 2008 Modified Permit No. WQ0031045 Page 4 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. (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. The Permittee shall provide for the vacuum sewer system the following items: (a) No more than four (4) residences per vacuum pit. (b) A screened vent for the residential air intakes. The vents shall be set a minimum of 2 feet above the 100 year flood elevation. Waterfront Group NC, LLC. August 7, 2008 Modified Permit No. WQ0031045 Page 5 (c) A backflow preventer shall be installed in all service lines where the screened vent is above the lowest fixture in the building and where the adjacent building served by the same valve pit are located at different elevations. (d) A sign shall be located at each screened vent stating the name and phone number of the 24-hour emergency contact. (e) Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained. (f) Flood protection (i.e., watertight) if the valve pit or buffer tank is located below the 100-year flood elevation. (g) Adherence with the following minimum separations: (i) Storm sewers (vertical) 24 inches (ii) Water mains (vertical -water over sewer) 18 inches or (horizontal) 10 feet (iii) In benched trenches (vertical) 18 inches (iv) Any private or public water supply source, including any WS-I waters or Class I or Class II impounded reservoirs used as a source of drinking water 100 feet (v) Waters classified WS (other than WS-I), B, SA, ORW, HQW, or SB [from normal high water (or tide elevation)] 50 feet (vi) Any other stream, lake or impoundment 10 feet (vii) Any building foundation 5 feet (viii) Any basement 10 feet (ix) Top slope of embankment or cuts of 2 feet or more vertical height 10 feet (x) Drainage systems (I) Interceptor drains 5 feet (B) Ground water lowering and surface drainage ditches 10 feet (xi) Any swimming pool 10 feet (xii) Sewer pipe with joints equivalent to water main standards, shall be used where these minimum separations cannot be maintained. The minimum separation shall however not be less than 25 feet from a private well or 50 feet from a public water supply well. 13. 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. 14. The facilities shall be constructed in accordance with the requirements of the North Carolina Sedimentation Pollution Control Act. 15. If applicable, the Operational Agreement between the Pemnittee 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. Waterfront Group NC, LLC. August 7, 2008 Modified Permit No. WQ0031045 Page 6 16. Any abandoning of the existing facilities must be done in accordance with the requirements of the Division of Water Quality's Washington Regional Office. 17. Noncompliance Notification: The Permittee shall verbally report to a water quality staff member at the Washington Regional Office, telephone number (252) 946-6481, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or breakage, etc. b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Forn-t CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition I(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 18. No flow shall be made tributary from the subject sewer system permitted herein until the receiving Waterford Group NC, LLC Wastewater Treatment Facility (WQ0031246) has been constructed and the engineer's certification has been received by the Division of Water Quality. Permit issued this the 7th Day of August 2008 NOKTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Modified Permit No. W00031045 Waterfront Group NC, LLC Modified Permit No. WQ0031045 Riversound development Issued August 7, 2008 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 vacuum sewer collection system serving the Riversound Development, located in Chowan County, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: a vacuum sewer system consisting of approximately 33,778 linear feet of 4-inch vacuum sewer; approximately 8,502 linear feet of 6-inch vacuum sewer; approximately 2,890 linear feet of fl- inch vacuum sewer; approximately 2,714 linear feet of 10-inch vacuum sewer; a 3,400 gallon vacuum storage tank; a 525 gpm transfer pump station with duplex pumps, audible and visual alarms, onsite standby generator and telemetry; approximately 3,575 linear feet of 6-inch force main; 192 standard valve pits serving 316 residential connections (113,760 GPD), a common area riverhouse (@ 250 GPD), a W WTF restroom (@ 75 GPD), a vacuum station pump house restroom (@ 75 GPD) as a part of the Riversound Development, 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.