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HomeMy WebLinkAboutWQ0029092_Regional Office Historical File Pre 2018 (2)(r- 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 May 22, 2006 Mr. Glenn Garris, Manager MAG Land Development 2725 Westinghouse Blvd. Charlotte, NC 28273 Subject: Permit No. WQ0029092 Modification Curtis Pond, Phase 4 Wastewater Collection System Extension Iredell County, North Carolina Dear Mr. Garris: In accordance with your application received on April 28, 2006, we are forwarding herewith Permit No. WQ0029092, dated May 22, 2006, to MAG Land Development 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 This permit shall be effective from the date of issuance until rescinded, shall supercede the original Permit No. WQ0029092 issued July 20, 2005, and shall be subject to the conditions and limitations as specified therein.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. This permit includes addition of 1,290 feet of 2-inch force main, 1,330 linear feet of 4-inch force main, 20 GPM and 95 GPM pump stations in addition to the prior permitted 15,342 linear feet of 8-inch gravity sewer line. There is no change in the volume of wastewater produced. 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 1) 15A NCAC 2H .0200; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; 3) 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 Carolina -licensed 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. Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-6040 Internet www.ncwatergaality.org Customer Service: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-- 50% Recycled/10% Post Consumer Paper No ohCarolina aturallj Mr. Garris Page 2 May 22, 2006 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 MAG Land Development for the construction and operation of approximately 15,342 linear feet of 8-inch gravity sewer, 1,290 linear feet of 2-inch force main, 1,330 linear feet of 4-inch force main, a 20 gallon per minute pump station (with duplex pumps, on site audible and visual high water alarms, and a portable generator receptacle with telemetry), a 95 gallon per minute pump station (with duplex pumps, on site audible and visual high water alarms, and a portable generator receptacle with telemetry) as part of the Curtis Pond, Phase 4 project; and the discharge of 108,360 gallons per day of collected domestic wastewater into the Town of Mooresville's existing sewerage system, pursuant to the application received April 28, 2006, 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 Town of Mooresville WWTP (NPDES No. NC0046728) 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 Dee Browder at (704) 663-1699. Sincerely, for Alan W. Klimek, P.E. cc: Town of Mooresville Mooresville Regional Office, Surface Water Protection (WWTP Permit No. NC0046728) Dan E. Brewer, Chas. H. Sells, Inc. Surface Water Protection Central Files Marie Doklovic, 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; 1-5A 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 2a .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 §143-215.1C. 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, aformal 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 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 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 Division of Water Quality employee at 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. 2 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. Part it 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 22nd day of May, 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klime , P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0029092 3 Fast Track Engineering Certification Permit No. WQ0029092 Modification May 22, 2006 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 ❑ Partial D Final , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, D weekly, ❑ full time) the construction of the Curtis Pond, Phase 4, Iredell 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 MOORESVILLE REGIONAL OFFICE SURFACE WATER PROTECTION 610 EAST CENTER AVENUE, SUITE 301 MOORESVILLE NC 28115 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. '�J 1r 1.1i Vl' J. 111 1.-.1'11N- 11 Y 1'1 COUNTY OF Iredell Permit No. 0OO24biZ I) DEVELOPER'S OPERATIONAL AGREEMENT , This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this / 1 day of /?rr 1 Zoo 6 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Magland Development LLC , a corporation/general partnership registered/licensed to do business in the State. of North Carolina, hereinafter known as the DEVELOPER. WITNES SETH: 1. The DEVELOPER is the owner of the certain Iands lying in Iredell County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Curtis Pond Subdivision, Phase 4 (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 peiniit 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 Curtis Pond -Homeowner'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 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 theState and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derivedby 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 andapproved 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 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 theconstruction, 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 Alan W. Klimek, P.E., Director Division of Water Quality (Date) Maeland Development LLC Name of DEVELOPER By:Lyvv-- 1 (Signature) G Iec,h GaYrif itilAk14 gcr Print Name and Title (Date) FORM: DEV 02/03 Page 2 of 2 Central Files: APS SWP 05/19/06 Permit Number WQ0029092 Permit Tracking Slip Program Category Status Non -discharge in review Permit Type Fast Track Version Gravity Sewer Extension, Pump Stations, & Pressure Sewer A Extensions Primary Reviewer dee.browder Permitted Flow 108360 Facility Facility Name Curtis Pond, Phase 4 Location Address Owner Project Type Major modification Permit Classification Individual Permit Contact Affiliation Major/Minor Region Minor Mooresville County I redell Facility Contact Affiliation Owner Name Owner Type Mag Land Development LLC Non -Government Dates/Events Scheduled Ortg Issue App Received Draft Initiated Issuance 07/20/05 05/19/06 Owner Affiliation Allan McClellan 2725 Westinghouse Blvd Charlotte NC 28273 Public Notice Issue Effective Expiration Regulated Activities Re. uested/Received Events Subdivision Additional information requested Wastewater collection Additional information received Outfall NULL Waterbody Name Stream Index Number Current Class Subbasin FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 3 USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Application Number: I n % �G 1 (to be completed by DW)) —IY! lYj 1 " A. APPLICATION INFORMATION 1. Owner: la. Mag Land Development Full Legal Name (company, municipality, HOA, utility, etc.) Ib. Glenn Garris, Manager Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!) lc. The legal entity who will own this system is: Private Partnership • Individual ■ Federal ►1 Municipality ■ State/County ■ • Corporation • Other (specify): ld. 2725 Westinghouse Blvd. i1e. i.._.__.—_..._..._ 31g. 1 j. Charlotte Mailing Address __.._.__....._........................... if. North Carolina City — -- 28273 -------- — State Zip Code 1 h. 704-587-0123 li. Telephone 1 Facsimile E-mail 2. Project (Facility) Information: 2a. Curtis Pond Subdivision Phase 4 2b. Iredell Brief Project Name (permit will refer to this name) County Where Project is Located 3. Contact Person: 3a. Steve Bailey Name and Affiliation of Someone Who Can Answer Questions About 3b. 704-587-0123 r I this Application Phone Number E-mail Z 0 H w 0 LL Z ]— E IX W a CO (of an existing permit) If Modification, Permit No.: WQ002 92 71 j,]1y� 1. Project is • New ® Modification For modifications, attach a separate sheet phase, changing line size/length, etc.). duplicate project information in B(7) and clearly explaining Only include B(10-11) that the reason for the modification (i.e. adding another the modified information in this permit application - do not has already been included in the original permit. 2. Owner is ® Public (skip to Item B(3)) (go to Item 2(a)) ■ Private 2a. If private, applicant will be: church, single office, etc.) or etc. - skip to Item B(3)) etc. - go to Item B(2b)) 2b. If sold, facilities owned by a (must choose one) (Instruction 1I1) Assoc./Developer (Instruction IV) ■ Retaining Ownership (i.e. store, ■ Public Utility • Leasing units (lots, townhomes, ■ Homeowner ■ Selling units (lots, townhomes, 3. Town of Mooresville Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 4a. Town of Mooresville WWTP 413. WQCS00043 Name of WWTF 1 WWTF Permit No. 5a. Town of Mooresville 5b. 8" Receiving Sewer Size 1.. ■ Force Main 5c. WQ0023127 Owner of Downstream Sewer Permit Number of Downstream Sewer (if known) 6. The origin of this wastewater is (check all that apply): Home (specify): 100 % Domestic/Commercial Residential Subdivision • Car Wash • Apartments/Condominiums • Mobile Home Park ❑ Institution • Hospital % Industrial • School El Restaurant ❑ Office ['Church ❑ Nursing III Other % Other s eci (specify): 7. Volume of wastewater to be allocated for this particular project: 0 gallons per day allocations *Do not include previously permitted 8. If the permitted flow is zero, indicate • Interceptor Line - Flow will why: be permitted in of existing in subsequent permits Permit No. W00029092 that connect to this line expected r1 Flow has already been allocated • Rehabilitation or replacement sewer with no new flow FTA 02/03 - Rev. 3 04/05 FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 4 B. PERMIT INFORMATION (CONTINUED) 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H .0219(1) for Item B(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than that in 15A NCAC 2H .0219(I)(1-2) must be supported with actual water or wastewater use data in accordance with 15A NCAC 2H .0219(1)(3). Pump Station #1: 19 lots X 360 GPD/lot = 6840 GPD Pump Station #2: 146 lots X 360 GPD/lot = 52560 GPD 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) Length (feet) Gravity or Force Main (use the pull down menu) 2 1290 Force Main 4 1330 Force Main ENTER TOTAL LINE LENGTH IN MILES 0.496 11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary) Location ID (self chosen - as shown on plans for cross-reference) Design Flow (MGD) Power Reliability Option Operational Point (1- dual line feed; 2- permanent generator w/ATS; 3- GPM @ TDH portable generator wltelemetry; 4-wet well storage) Pump Station #1 0.00684 . 20 @ 43.95 3 Pump Station #2 0 0.0526 95 @ 65.03 3 I J 12. Does the sewer system comply Mains (latest version), the with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable? reference the pertinent minimum design criteria or regulation and indicate why a is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS TO THE VARIANCE WITH YOUR APPLICATION L. Yes • No If no, please variance PERTINENT 13. Have the following permits/certifications been Wetland/Stream Crossings - General Permit Sedimentation and Erosion Control Plan? Stormwater? submitted for approval? or 401 Certification? ❑ Yes • No ii;� N/A ►1 Yes ❑ No • N/A ® Yes • No • N/A 14. Does this project involve aerial lines or siphons? Eaesediaes-wilLbe considerectligh.priority_aodmusibe_cnecked 15. Does this project have gravity sewer lines designed Be aware that the Division will not accept installed lines more corrected prior to submitting the final engineering certification.. Check if yes: ■ once everarsixrnonths at minimum slopes? ■ installed outside this tolerance should be than 10% flatter than the minimum slope. Lines FTA 02/03 - Rev. 3 04/05 EAST -TRACK APPLICATION for GRAVITY SEWERS, PE i °iP STATIONS, AND FORCE iV1.AINS PAGE 5 Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02/03 (FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality regional office (see instructions for addresses) OR indicate the following: J A Stream Classification is not needed because all parts of the project are at least 100 feet away from any down slope waterbody; AND, A Stream Classification is not needed because the design does not depend on wet well storage as a power reliability option for any pump station near a Class C down slope waterbody. Location ID on Map xelf chosen as shown on map for cross-reference} ....................... . Name of Waterbody Stream Waterbody Waterbody County River Bastin Index Classification I Submit the 8,5" x 11" COLOR topographic map as required in Instruction VI regardless of whether a classification is provided( Applicant's Certification: 1, , attest that this application for Curtis Pond Subdivision Phase 4 has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. Note: In accordance with North Carolina General Statutes 143- 215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certifyication in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation, Signing Official Signature Professional Engineer's Certification: -(A) Date I attest that this application for has been reviewed by me and is accurate complete and consistent with the informatlota in the engineenng plans, calculations, and all other supporting documental ir+n to the best of my knowledge. i further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance. Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have fudged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143 •215.6A and 143-215.6B, any person who knowingly makes any false statement,'; representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. 2a. Dan E. Brewer Professional Engineer Name 2b. Chas. H.Sells, Inc. Engineering Finn 2c. 128 Overhill Drive. Suite 105 Mailing Address 2d, Mooresville City 2e, NC 21. 28117 2g, 704-662-0100 2h, 704-662-0101 2i. dbrewer a©chashsells,com Telephone Facsimile E-mail t) - Rev. 3 04/05 PLANNING & ENGINEERING DEPARTMENT June 30, 200 Chas H. Sells, Inc. Mr. Steve Bailey 128 Overbill Dr., Suite 105 Mooresville, NC 28117 Re: Curtis Pond Phase IV Flow AcceptanceLetter Mr. Bailey: Derek Slocum, El Civil Engineer Town of Mooresville P. O. Box 878 Mooresville, NC 28115 (704) 799-8017 Fax 662-7039 The Mooresville Town Board had previously approved the above -referenced project and agreed to provide potable water service to and accept the sewer flow from the proposed residential project. The Town of Mooresville's Water System Management Plan submitted approximately July 30, 2000, was approved and assigned WSMP No. 00-01958. Mooresville's Water Filter Plant PWS Oft is 01-49-015. Both water and sewer systems are owned and maintained by the Town of Mooresville. Wastewater will be treated by the Town of Mooresville's Rocky River WWTP, NPDES Permit No. NC0046728. This project's expected input into the WWTP is 108,360 gpd. It is your responsibility, as the engineer of record, to certify to the State that construction has been completed in accordance with the approved plans and specs. The Town will conduct periodic inspections during construction and will hold a final inspection prior to accepting the waterlines and sanitary sewer system into the Town's system. Two reproducible (mylar) copies of the "As -Built" drawings, on CD (compact disc) format, along with your engineer's certification are required to be submitted to this office prior to acceptance by the Town Of Mooresville. We look forward to working with you on this project. Call me at (704)799-8017 if you have questions. Since Slocum, Civil Engineer CC: Richard McMillan, PE Director of Engineering TopoZone - The Web"s Topgraphic Map. Page 1 of 1 Q.3 Q.6 Q.9 1.5kn 0.1 0.2 Q3 0.4 0.5 Map center is UTM 17 519254E 3932499N (WGS84/NAD83) Mooresville quadrangle Projection is UTM Zone 17 NAD83 Datum http;//wwvw., ozoi ;,comip l,asp"t r17.n=3932499.00009397&.e=519253..9999999998cs=_. 41171200 STATE OF NORTH CAROLINA COUNTY OF Iredell Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 1 I day of /Trri god 6 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Magland Development 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 Iredell County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Curtis Pond Subdivision, Phase 4 (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 Curtis Pond Homeowner'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 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. 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 fund shall be separate from the routine maintenance funds allocated for the facility and shalI 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 Mae,land Development LLC MANAGEMENT COMMISSION Name of DEVELOPER By: t Acv„,,,z) Alan W. Klimek, P.E., Director Division of Water Quality (Signature) G teh►, Garr;s Nl a•.a 9er Print Name and Title (Date) (Date) FORM: DEV 02/03 Page 2 of 2 TOWN OF MOORESVILLE PLANNING & ENGINEERING DEPARTiiIENT June 30, 2005 Chas H. Sells, Inc. Mr. Steve Bailey 128 Overhill Dr., Suite 105 Mooresville, NC 28117 Re: Curtis Pond Phase IV Flow Acceptance Letter Mr. Bailey: Derek Slocum, El Civil Engineer Town of Mooresville P. O. Box 878 Mooresville, NC 28115 (704) 799-8017 Fax 662-7039 The Mooresville Town Board had previously approved the above -referenced project and agreed to provide potable water service to and accept the sewer flow from the proposed residential project. The Town of Mooresville's Water System Management Plan submitted approximately July 30, 2000, was approved and assigned WSMP No. 00-01958. Mooresville's Water Filter Plant PWS ID# is 01-49-015. Both water and sewer systems are owned and maintained by the Town of Mooresville. Wastewater will be treated by the Town of Mooresville's Rocky River WWTP, NPDES Permit No. NC0046728. This project's expected input into the WWTP is 108,360 gpd. It is your responsibility, as the engineer of record, to certify to the State that construction has been completed in accordance with the approved plans and specs. The Town will conduct periodic inspections during construction and will hold a final inspection prior to accepting the waterlines and sanitary sewer system into the Town's system. Two reproducible (mylar) copies of the "As -Built" drawings, on CD (compact disc) format, along with your engineer's certification are required to be submitted to this office prior to acceptance by the Town Of Mooresville. We look forward to working with you on this project. Cali me at (704)799-8017 if you have questions. erek Slocum, Civil Engineer CC: Richard McMillan, PE Director of Engineering TopoZone - The Web's Topographic Map Page 1 of 1 fra '-- -` 44 Ozone. . r f �'' i L # . r 0'---;- ii • ' . 1 y ` i• \ ,,i , p g/f , t f t .- Z. li4 jj'-k 1 ii 'im - - -..- •j`i I�` Ilrr-�I� i I31r 4 d.. f �s �••' .1 C �' 1 '1 ' t' r �a_1 +F i- ? 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