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WQ0019130_Regional Office Historical File Pre 2018
ate of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director givirtkewm T'firz ATORAL R&s.OtiP.COE 4:$ 4 20ro DENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 27, 2000 MICHAEL SCOTT CARPENTER WHITE OAK MANOR HOMEOWNERSASSOCIATION 2617 WHITE OAK COURT EXTENSION CLAREMONT, NC 28610 Dear Mr. Carpenter: Subject: Permit No, WQ0019130 White Oak Manor Homeowners' Association White Oak Manor Wastewater Collection System -Extension Catawba County In accordance with your application received October 3, 2000, we are forwarding herewith Permit No. WQ0019130, dated November 27, 2000, to White Oak Manor Homeowners' Association 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 This permit shall be effective from the date of issuance_ until rescinded and shall be subject to the conditions and limitations as specified therein.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. 1.3Iease 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 a North Carolinalicensed Professional Engineer 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, 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 White Oak Manor Homeowners' Association for the construction and operation of approximately 199 linear feet of 6-inch gravity sewer to serve 15 two -bedroom units as part of the White Oak Manor project, and the discharge of 3,600 gallons per day of collected domestic wastewater into the City of Claremont's existing sewerage system, pursuant to the application received October 3, 2000, 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 715-6048 An Equal Opportunity AffirmatiQe-Aaion Ernployer 50% recycled/ 10% postOnsuriOer paper The sewage and wastewater collected by this system shall he treated in the City of Claremont Wastewater Treatment Facility (NPDES Permit No. NCOO1370) prior to being discharged into the receiving' war This permit shall become voidable unless the agreement between White Oak Manor Ho Association and the City of Claremont for the collection and final treatment of astevaate is in full force and effect, The Operational Agreement between the Permittee and the Env Management Con fission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the te:.. as of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes 143-21 .6A to § 1 3-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit: If any parts, requirernents, ear lima Cations 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 roust be in the form of a written petition, conforming to Chapter 150I of North Carolina General Statutes, and filed with the Office of Adraainistratise Hearings. 6714 Mail Service Center, Raleigh, NC 276 9- (714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning (919) 733-5083 extension 524. rn please contact Kristin F. 1iguez a! cc Catawba County Health Department Mooresville Regional Office, Water Quality Section ( 'W TF Permit No. NC0081 70) R. Carroll Williams, PE City of Oatentont-PC lox 446, Clarealt, NC 2 610 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 follow' 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 214 ,0200; the Division of Water ality'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 collectionfacilities 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 2114 .0227. If an individual permit is not required, the following performance criteria shall he met as provided in 15A NCAC 211 .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 21_, .0200 or the surface water standards in ..15.A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 2004 and shall be actively maintained, c. An operation and maintenance plan shall be developed and implemented. d. Purnp stations that are not connected to a telemetry system shall be inspected at least three times per week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in .15A NCAC 28 .0503(5), until July 1. 2001; and thereafter, pump stations shall be inspected every day, 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 titne.. f. A general observation of the entire sewer system shall be conducted at least once per year, g. inspection and maintenance records shall be tn.aintained 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 §.143-215.1C, 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 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 calculationsfor 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; 1.5A 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 Permittint,7 Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. A copy of the construction record drawings shall be m.aintainedon 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 enforcementaction by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be' required 'by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 1.5A NCAC 2B .0200, erosion and sedimentation control requirements in I.5A NCAC Ch. 4 and under the Division's General Permit NCG0100000, and any requirements pertaining to wetlands under 1.5A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. 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 wa.stewater 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. 2 Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occuiTence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the twenty-seventh day of Nos,enther, 1000 NORTH ROLINA 1NVIRO MENTAL MANAGEMENT COMMISSION --/tKen T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Cominission Permit Number WQ0019130 3 Permit No, WQ0019130 November 27, 2000 ENGINEER'S CERTIFICATION Partial Final as a duly registered Professional Engineer in the State of North Carolina having been authorized to observe (periodically, weekly, full time) the construction of the project, Proet�rsax _ for the Location tzaicl C.c?wlty Permittee hereby state that, to the best of my abilities, due care and diligence s used in the observation of` the construction such that the construction was observed to be built within substantial compliance of this permitt;. 15A NCAC ?,H ,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 -Tract 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: The above Engin er"s Certification all be completed and submitted to the address below with one copy of the °'Constructi ri I cord Drawings" o the wastewater collection system extension as well as supporting design calculations for any pump stations permitted as part of this project. 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. 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. NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 NORTH CAROLiNA _.jr Y OF C,g 74y4/k1A OPERATIONAL AGREEMENT ©I6113C) This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this day of by and between the North Carolina Environmental Management Commission, an agency ofthe State of North Carolina, hereinafter known as the COMMISSION; and WA("-7- cRx MAI/4R H6n4E Qjg , gs,) 47/ Q a nonprofit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter 'mown as the ASSOCIATION._.._ WIThES SETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as _ (hereinafter the Development); of operat rre as `,ic) Al crt2 aintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, andlor disposal facilities (hereinafter Disposal System and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. The ASSOCIATION desires, to construct andlor operate a Disposal System de sanitary sewage disposal to serve the Development on said lands. The ASSOCIATION has applied to the COSSION for the issuan 215.1 to construct, maintain, and/or operate the Disposal System, The Development was created subject to unit ownership in the dwellings u lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), p of the North Carolina General. Statutes, 5. The COhiMI[SSION desires to assure that the Disposal System of the Development is prop 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 ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System andlor make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the CON/MISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law, ?. The ASSOCIATION 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 ofthe 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. S. 143- ments and. Chapter 47C The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal Syste 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 fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made as necessary at any time. 5. 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 ASSOCIATION 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. 6. 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 ASSOCIATION 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. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise reiinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System, 9. A copy of this agreement shall be filed at the Register of Deedsin 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 EN ONIVIENTAL Wilt/ TE 404 k /144A(012 // 3hfiles MANAGEIV NT COrvjMSSJON Name of ASSOCIATION Ar-re.50c/Alf a /*/ err T. Stevens, Director Division of Water Quality el.5c Print Name and Title