HomeMy WebLinkAboutWQ0029271_Permit (Issuance)_20050906Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
September 6, 2005
Oscar N. Harris, Manager
Nathan's Cove, LLC
Post Office Box 578
Dunn, NC 28335
SUBJECT: Permit No. WQ0029271
Nathan's Cove
Wastewater Collection System Extension
Bladen County
Dear Mr. Harris:
In accordance with your application received September 2, 2005, we are forwarding herewith Permit
No. WQ0029271, dated September 6, 2005, to Nathan's Cove 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until rescinded and shall be subject to the conditions and limitations as specified therein.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 therefore incorporated therein by reference.
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 2H .0227 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 2H .0200; 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 therein. Division approval is based on acceptance
of the certification provided by the North Carolina -licensed Professional Engineer named in the
application. It shall be the Permittee'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.
No hCarolin
Na
�1laturally
North Carolina Division of Water Quality 225 Green Street — Suite 714 Fayetteville, NC 28301-5043 Phone (910) 486-1541 Customer Service
Internet h2o.enr.state.nc.us FAX (910) 486-0707 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Mr. Nathan Harris
Page 2
September 6, 2005
In accordance with 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 Nathan's Cove, for the construction and operation of approximately 789 linear feet of 8-inch
gravity sewer; to serve 39 3-bedroom town homes as part of the Nathan's Cove project, and the discharge of
14,040 gallons per day of collected domestic wastewater into the Town of White Lake Wastewater Treatment
Plant's existing sewerage system, pursuant to the application received September 2, 2005, and in conformity
with 15A NCAC 2H .0200; 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 as part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of White Lake
Wastewater Treatment Plant (NC0023353) prior to being discharged into the receiving stream.
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 Mike Lawyer at (910) 486-
1541 extension 729.
Sincerely,
for Alan W. Klimek, P.E.
cc: Bladen County Health Department
Fayetteville Regional Office, Water Quality Section (WWTP Permit No. NC0023353)
Glenn Tew, P.E., Jordan-Tew & Associates, P.A.
Town of White Lake Wastewater Treatment Plant
Water Quality Central Files
PERCS
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .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 2H .0227. If an individual permit is not
required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227:
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 2B .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.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute § 143-215.1 C.
1
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. Per 15A NCAC 2H .0220, upon completion of construction and prior to operation of these permitted
facilities, the completed Engineering Certification form attached to this permit shall be submitted with
the required supporting documents to the address provided on the form. A complete certification is one
where the form is fully executed and the supporting documents are provided as applicable.
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 2H .0200; 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 failto 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 2B .0200
and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall verbally report to a water quality staff member at the Fayetteville Regional Office,
telephone number (910) 486-1541, 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 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 shall not be considered as the initial verbal
report. Overflows and spills occurring outside normal business hours may also be reported to the
Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons
reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or
the most current Division approved form), within five days following first knowledge of the occurrence.
This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per
Condition I(2), Part II of Form CS-SSO (or the most current Division approved form) can also be
completed to show that the SSO was beyond control.
Permit issued this the sixth day of September 2005
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
/� I y
Xlt.,nnt,d) _ V. r : r ert'
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0029271
3
Fast Track Engineering Certification
Permit No. WQ0029271
September 6, 2005
Complete and submit this form to the permit issuing 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 anv 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
1, , 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 Nathan's Cove project, Bladen
County 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 2H .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.
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
FAYETTEVILLE REGIONAL OFFICE
225 GREEN STREET, SUITE 714
FAYETTEVILLE NC 28301
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.
W STATE OF NORTH CAROLINA
COUNTY OF 641
Permit No. Wt ( 0 Z? Z �,
DEVELOPER'S OPERATIONAL AGREEMENT �/
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 5Ix 1"A day of
Cc',p-rG,, 6e,,r Z5 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Nathan's Cove, LLC , a corporation/general 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 Bladen County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Nathan's Cove (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 [ a tit a n_`s Cc tie } e itt e c cv ri er A SS'OG i crf 're;i .ii (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 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.
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
Nathan's Cove, LLC
MANAGEMENT COMMISSION Nam
Alan W. Klimek, P E., Director
Division of Water Quality
(SNathan �)s Cove, LLC
P0a srBox g/riDurin eeEg335
Print Name and Title
(Date) (Date)
Permit Number WQ0029271
Central Files: APS SWP
09/06/05
Permit Tracking Slip
Program Category
Non -discharge
Status Project Type
In review New Project
Permit Type Fast Track Version
Gravity Sewer Extension, Pump Stations, & Pressure Sewer A
Extensions
Primary Reviewer
mike.lawyer
Permitted Flow
14040
Facility
Permit Classification
Individual
Permit Contact Affiliation
Facility Name
Nathan's Cove
Location Address
Owner
Major/Minor Region
Major Fayetteville
County
Bladen
Facility Contact Affiliation
Owner Name Owner Type
Nathan's Cove LLC Non -Government
Owner Affiliation
Oscar Harris
PO Box 578
Dunn
Dates/Events
NC 28334
Scheduled
Orig Issue App Received Draft Initiated Issuance
09/02/05
Public Notice Issue
Effective Expiration
Regulated Activities Requested/Received Events
Subdivision Additional information requested
Additional information received
Outfall NULL
Waterbody Name Stream Index Number Current Class Subbasin