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HomeMy WebLinkAboutWQ0019579_Owner (Name Change)_20201012DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality Nick Saffo, Managing Member River's Edge I, LLC 6901 Spring Garden Drive Wilmington, NC 28403 Subject: Dear Mr. Saffo: October 12, 2020 Change of Ownership Approval Permit No. WQ0019579 The Marshes at Rivers Edge Private Pump Station & Sewer New Hanover County Division personnel have reviewed and approved your permit modification request for Permit No. WQ0019579. This modification is to change ownership from Quality Built Construction, Inc. to River's Edge I, LLC, and River's Edge I, LLC is now responsible for the continued operation and maintenance of the subject wastewater collection extension. Our database has been revised to reflect the ownership change. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. The Permittee shall maintain compliance with its individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0400 and G.S 143-215.9B. If you have any other questions regarding this matter, please contact Kristin Litzenberger at (919) 707- 3699 [email: Kristin.litzenberger@ncdenr.gov]. Sincerely, CDocuSigned by: C-AA-VISMIA, \*V4'04)4 A+LA-0-ea,- 99AEF363909A40E... for S. Daniel Smith, Director Division of Water Resources, NCDEQ enclosures: Permit No. WQ0019579 .0403 Supplement cc: John M. Franck, Manager (afranck2@ec.rr.com) Wilmington Regional Office, Water Quality Regional Operations Section Municipal Permitting Unit Files (electronic copy) D E 2AROI NA Departmem or eerromwne' Auanry North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 15A NCAC 02T .0403 PERMITTING BY REGULATION (a) Collection systems having an actual, permitted or Division approved average daily flow less than 200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this Rule: (1) The sewer system is 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. (2) A map of the sewer system has been developed and is actively maintained. (3) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. (4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are inspected at least once per week. (5) High -priority sewers are inspected by the permittee or its representative at least once every six -months and inspections are documented. (6) A general observation by the permittee or its representative of the entire sewer system is conducted at least once per year. (7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice is provided as required by G.S. 143-215.1C. (8) A Grease Control Program is in place as follows: (A) For publicly owned collection systems, the Grease Control Program shall include at least biannual 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. (B) For privately owned collection systems, the Grease Control Program shall include at least biannual distribution of grease education materials to users of the collection system by the permittee or its representative. (C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. (9) Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility. (10)Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. (b) Private collection systems on a single property serving an industrial facility where the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. (c) The Director may determine that a collection system should not be deemed to be permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B; Eff. September 1, 2006. DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 Michael 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 William Dansey, President Quality Built Construction, Inc 8 Courtney Square, Apt. 8 Greenville, NC 27858 Dear Mr. Dansey: May 12, 2003 Subject: Permit No. WQ0019579 Modification Quality Built Construction, Inc. The Marshes at River's Edge Wastewater Collection System Extension New Hanover County In accordance with your application received April 11, 2003, we are forwarding herewith Permit No. WQ0019579, dated May 12, 2003, to Quality Built Construction, Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0019579 issued March 13, 2001 under the project name of Barnard's Landing, 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. The modification includes a formal change in ownership of the project area, a change of the project name, a change in the development specifics, and re -design of the wastewater collection system. Flow generated by this project (64,200 gpd) has been allocated under the City of Wilmington's wastewater collection system extension permit to serve this project (WQ0019413) issued April 11, 2003. 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 herein. 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. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, NC 28405-3845 DENR Customer Service Center An Equal Opportunity Action Employer Internet http://h2o.enr.state.nc.usl Telephone (910) 395-3900 Fax (910) 350-2004 Telephone 1 800 623-7748 50% recycled/10% post -consumer paper iitt DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 Quality Built Construction, Inc. 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 the Quality Built Construction, Inc. for the construction and operation of approximately 2220 linear feet of 8-inch gravity sewer; a 7—gallon per minute pump station with duplex pumps, on -site audible and visual high water alarms, a portable generator receptacle with telemetry/auto dialer; as well as approximately 1058 linear feet of 2-inch force main to serve 224 condos and 29 three bedroom homes as part of the Marshes at River's Edge project, and the discharge of 0 (zero) gallons per day of collected domestic wastewater into the City of Wilmington's existing sewerage system, pursuant to the application received April 11, 2003 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 a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Wilmington Wastewater Treatment Facility (Permit No. NC0023973) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Quality Built Construction, Inc. and the City of Wilmington for the collection and final treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein byreference 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. . A stormwater management plan shall be submitted to and approved by the Wilmington Regional Office in accordance with 15A NCAC 2H .1000. 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 150E 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 Dean Hunkele at (910) 395-3900. Sincerely, C..'-_ for Alan W. Klimek, P.E. cc: New Hanover County Health Department Wilmington Regional Office, Sewer Ext. File (WWTF Permit No. NC0023973) James H. Fentress, Jr., Stroud Engineering, P.A. Water Quality Central Files DWQ Non -Discharge Permitting Unit Files DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 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 operatedat 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. b. c. d. e. f. g. h. 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. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. An operation and maintenance plan shall be developed and implemented. Pump stations that are not connected to a telemetry system shall be inspected every day (Le. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. High -priority sewer lines shall be inspected at least once per every six-month period of time. A general observation of the entire sewer system shall be conducted at least once per year. 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 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 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 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 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 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 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 ail 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 report by telephone to the Wilmington Regional Office, telephone number (910) 395-3900, 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: 2 DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 • 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. Persons reporting such occurrences by telephone shall also file a written report in 'letter form within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this thel2th Day Of May, 2003 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1 ,k,(�i;-�..�:�t imac} .—I for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019579 3 DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 Fast Track Engineering Certification PERMIT NO. WQ0019579 The Marshes at River's Edge May 12, 2003 New Hanover County 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 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 0 Partial ® Final I, James H Fentress Jr. PE , 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 project name and location as referenced above 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: This certification is for Building 15 to complete the construction permitted by this permit. SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE EXTENSION WILMINGTON NC 28405-3845 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. DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 STATE OF NORTH CAROLINA COUNTY OF New Hanover Permit No. WQ0019579 September 2020 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and River's Edge I, LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this 15th day of 1. The DEVELOPER is the owner of the certain lands lying in New Hanover County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as The Marshes (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 Marshes at River's Edge Condominium Owner's Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction andrepair. 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 andlaw. 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 Resources 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 andDeclaration. 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 03-19 Page 1 of 2 DocuSign Envelope ID: 9D9A5B2A-A4D3-4183-9C18-0EBF65EA86A2 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 andinsurance. 5. The DEVELOPER shall provide in the Declaration and Associaltion 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 fluids 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 mayrequire 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 apermit. 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 MANAGEMENT COMMISSION LDocuSigned by: CAA-Vi‘441t, Director, Division of Water Resources 10/12/2020 (Date) River's Edge I, LLC Name of DEVELOPER (Si attire) Nick Saffo, Managing Member Print Name and Title 09/15/2020 (Date) FORM: DEV 03-19 Page 2 of 2