HomeMy WebLinkAboutWQ0007747_Regional Office Historical File Pre 2018r'9' Q►� 5 . p�VL
t4,Q19- s �� State of North Carolina
t tment of Environment, Health and Natural Resources
of ��to `% Division of Environmental Management
1,3
i`i����S�I11NE' 512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
May 27, 1993
Mr. Bill Yandell, Land Development Manager
John Crosland Homes
P.O. Box 11231
Charlotte, N.C. 28220
Dear Mr. Yandell:
Subject: Permit No. WQ0007747
John Crosland Homes
Bradfield Farms Phase 9 & 10
Sewer Extension
Mecklenburg County
In accordance with your application received April 5, 1993, .we are forwarding herewith Permit
No. WQ0007747, dated May 27, 1993, to John Crosland Homes, for the construction and operation of
the subject wastewater collection 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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.
If any parts, requirements, or limitations contained in this permit are unacceptable to you, 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, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
One set of approved plans and specifications is being forwarded to you. If you nee
nformation concerning this matter, please contact . Thomas Brittian at ° 1 - .
Russell
Yarbrough
Dep
et
Sincerely,
lecl ,lenburg County ErwiTOrt e t&
As fates
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
John Crosland Homes
Mecklenburg County
FOR THE
construction and operation of approximately 7,428 linear feet of 8 inch gravity sewer to serve Bradfield
Farms Phase 9 & 10, and the discharge of 36,720 GPD of collected domestic wastewater into the John
Crosland Homes existing sewerage system, pursuant to the application received April 5, 1993, 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.
3. 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 Mid South Water
Systems, Inc. Bradfield Farms 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 permir 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.
Fr 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
installed in accordance with this permit and the approved plans and specifications. Mail the
Certification to the Permits and Engineering Unit, P.Q. Box 29535, Raleigh, NC 27626-0535.
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 143-215.6A to 143-215.6C.
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. 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.
12. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone no. 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 render the facility
incapable of adequate wastewater transport such as mechanical or electrical failures of
pumps, line blockage or breakage, etc.
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.
13. This permit shall become voidable unless the agreement between John Crosland Homes and Mid
South Water Systems, Inc. for the collection and final treatment of wastewater is in full force and
effect.
14. The Operational Agreement between the Permittee and the. Environmental Management
Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of
this Permit.
prPermit issued this the 27th day of May, 1993
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,CEO a.
r- A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0007747
3
Permit No. WQ0007747
May 27, 1993
ENGINEER'S CERTIFICATION
I, , 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 Location
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 and
intent of the approved plans and specifications.
Signature Registration No.
Date
4
STATE OF NORTH CAROLINA Permit No. N„/cQdc,,,%7,t7
COUNTY OF WAKE
OPERATIONAL AGREEMENT
THIS AGREEMENT made pursuant to G.S. 143-215.1(d1) and:'
entered into this 24T1-L day of FERRUTARY ,
19, g3 , by and between the North Carolina Environmental
Management Commission, an agency of the State of North Carolina, to
hereinafter known as the COMMISSION; and
JOHN CROSLAND HOMES , 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 certain lands lying in
MECKLENBURG County, upon which it is erecting and will erect
dwelling units and other improvements, said development to be
known as BRADFIELD FARMS PH. 9 & 10 - (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 Statute's.
5. The DEVELOPER has caused to be formed or will cause to
be formed at the time of filing of the Declaration, the
BRADFIELD FARMS HOMEOWNER ASSOC. (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 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.
-2-
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
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 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 DEVELOPER'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 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 JOHN CROSLAND HOMES
Name of Developer/Company
MANAGEMENT COMMISSION
yr-
Director
Division of Environmental
Management
/&yJ93
De)
BILL YANDELL. LAND DFVFIOPMFNT MANAGER
Print Name and Title
(Date)