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WQ0010168_Regional Office Historical File Pre 2018
tate of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 10, 1995 Paul Fleetwood, III, Treasurer Olde Mill Landing Development Corporation Post Office Box 398 Hickory, North Carolina Dear Mr, Fleetwood: N.C. OW itNV1RONI1g£$T► WICALLT110 & NATURAL 11i&80UIic FEB 22 1995 tf OFIVIIMINTAL MASLJ Subject: Permit No. WQ0010168 Olde Mill Landing Development Corporation Olde Mill Landing Sewer Extension Catawba County In accordance with your application received October 19, 1994, we are forwarding herewith Permit No. WQ0010168 dated February 10, 1995, to Olde Mill Landing Development Corporation for the construction and operation of the subject wastewater collection extension. This permit shall be effective from thedate of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina. General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Buzz Crosby at (919) 733-5083. Catawba County Health Department Mooresville Regional Office, Water NCDC Corporation Section Sincerely, A. Prestos Howard, Jr., P.E. P.O Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 O% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH 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 Olde Mill Landing Development Corporation Catawba County FOR THE construction and operation of approximately 6,545 linear feet of 8 inch gravity sewer, a 38 GPM pump station with duplex pumps, high water alarms, on -site generator, and approximately 250 linear feet of 2 inch force main to serve Olde Mill Landing, and the discharge of 0 GPD (flow allocated by permit number WQ0010077) of collected domestic wastewater into the City of Hickory's existing sewerage system, pursuant to the application received October 19, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The facilities must be properly maintained and operated at all times:. 4. The sewage and wastewater collected by this system shall be treated in the City of Hickory Northeast Wastewater Treatment Facility prior to being discharged into the receiving stream. 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 Environmental Management 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 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. 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 Pir 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalis, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained, f Sufficient devices which will protect the pump station from vandals, and g . Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number 704/663-1699, 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. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 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. 14. This permit shall become voidable unless the agreement between the Olde Mill Landing Development Corporation and the City of Hickory for the collection and final treatment of wastewater is in full force and effect. 2 Penn The Operational Agreement between the Pennittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this permit, Noncompliance with die to s of the rational Agreement shall subject the Pe ° to all sanctions provided by North Carolina General Statute 13-1.a to 13-1.c for violation of or failure to act in accordance with the to sand conditions of this Permit No flow shall be made tributary to the subject sewer system e fitted herein until the downstre rs (Pemlit No. °i ' 1 ! t 77 have been constructed and the engineer's certi zcation has been ived by the Division of Environmental Management. awed this the 10th day of February, 1995 NORTH L A E L A. Preston award, r., P. Director Division of vino ental Management By Authority o the Environmental Manage 1AGE .fNT COSSION Per iNumberW(10010168 ant Commission Permit No, 0168 February 10, 1995 ENGt " . y T TCATION , 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, , for the Project Name cation Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation ofthe construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Registration tion No, Date 4 1-27-1995 11:24RM FROM NCDC CORP. TO 19197339919 P.02 STATE OF NORTH CAROLINA COUNTY OF WAKE OPERATIONAL AGREDIENT Permit No. 1,Q .1 0 (4, THIS AGREEMENT znade pursuant to G.S. 143-215.1(d1) and n ed into this ''bil- (riT'ri day of .E9t-w-k,t clAj 9 r by and ' between the North Caro1Sna EnvironMe tal' Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Q1deM2.11 Laridnc rye1onent4 Ooro. • a corporttion/genetal partnership registered/licensed to do business in the State of North Carolina, hereinafter known ast,he DEVELOPER. 1 WITNESSEM 1. The DEVELOPER is the owner of certain lands lying in Satawba County, uponwhich it is erecting and will erect dwelling units and other improvements, said development to be known as OldeNlill TArirlirva _ (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 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 Olde Mill Landing milleown, AN150(hereinafter Association) a non-profit (Unit Owners Association) corporation organized and existing' under and, by 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 ooMMISSION 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. TOTAL P.02 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 Environmental Management 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 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. 4. 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 allocated for the facility and shall be part of the yearly budget. 5. 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. 6. 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 r evelopment, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to e 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 a condition of accepting the Development's wastewater. 7. 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. 8. 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 DEVEL©PER°s successor. 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 dupli originals by the duly authorized representative of the par hereto on the day and year written as indicated by each of parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION LO e vision of E'nvronmenta Management Olde Mill Landing Development Corp. ame of Developer/Company Paul M. Fleetwood, Print Name and Title 7/7/94 Date to es he