WQ0023993_Regional Office Historical File Pre 2018 (3)

August 6, 2004
Mr, Tom Waters, President
Provident Development Group, Inc.
6707 Fairview Rd., Suite B
Charlotte, North Carolina 28210
Dear Mr. Waters:
North Carolina Department of
A
Easley, Governor
oss Jr., Secretary
rural Resources
Alan :Klimek, F,E., Director
Coker) H. Sullins, Deputy Director
Division of Water Quality
Subject: Permit No. WQ0023993
Preservation Pointe Subdivision
Pressure Sewer Extension.
Mecklenburg County
In accordance with your permit application received May 24, 2004, and subsequent additional
information received July 29, 2004, and August 2, 2004, we are forwarding herewith Permit No. WQ0023993
dated August 6, 2004, to Provident Development Group, Inc. 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 This permit shall be effective from the date of issuance until rescinded, and shall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.
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 and to Permit Condition 5 which states No .flow shall be
made tributary to the subject sewer system permitted herein until the downstream sewers (Permit No.
WQ0023959 and Permit. No. WQ0023988) have been constructed and the engineer's certification has been
received by the Division of Water Quality.'
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 Carolina -licensed
Professional Engineer in the application. it shall be the Pennittee'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 § 1.43-215.6C, construction of additional or
replacement wastewater collection facilities, and/or referral of the North Carolina -licensed. Professional Engineer
to the licensing board.
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 15013 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,
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-161'7
Internet htrp:flh2o.enr.st€ste.nc,us/ndpu
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One set of approved plans and specifications is being forwarded to you. If you need addition
information concerning this matter, please contact Bennie Goetze, Jr., P. E. at [phone] extension 375.
Sincerely
Alan W". Klimek, P. E.
cc: Mecklenburg County Health Department
Mecklenburg County Water Quality Program
Mooresville Regional Office, Water Quality Section (Permit NC0024945)
Mr. Marc Houle, P. E., Yarbrough - Williams & Houle, Inc.
Water Quality Central Files (WQ0023993)
NDPU Files
2

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT 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
Provident Development Group, Inc.
Mecklenburg County
FOR THE
construction and operation of a pressure sewer collection system consisting of 81, 15 - 45 GPM pump stations
with simplex pumps, on -site audible and visual high water alarms to serve Preservation Pointe Subdivision, and
the discharge of 15,380 GPD of collected wastewater, into the Charlotte -Mecklenburg Utilities - Irwin Creek's
existing sewerage system, pursuant to the application received May 24, 2004, and subsequent additional
information received by the Division, and in conformity with the project plans, specifications, and other
supporting data subsequently filed and approved by the Department of Environment 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 revocable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity
Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable;
and other supporting materials unless specifically mentioned herein.
2. This permit is 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 1SA NCAC 2L .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.
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d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 da
per year). Pump stations that are connected to a telemetry system shall be inspected at least once per
week. This requirement does not apply to pump stations serving a single building associated with a
properly permitted pressure sewer system.
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.
4. The sewage and wastewater collected by this system shall be treated in the Charlotte -Mecklenburg Utilities -
Irwin Creek Wastewater Treatment Facility (NPDES Permit No. NC0024945) prior to being discharged into
the receiving stream.
5. No flow shall be made tributary to the subject sewer system permitted herein until the downstream
sewers (Permit No. WQ0023959 and Permit No. WQ0023988) have been constructed and the engineer's
certification has been received by the Division of Water Quality.
6. 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 Water Quality
(Division) accompanied by 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.
7. 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.
8. Upon completion of construction and prior to operation of these permitted facilities, a certification and a copy
of the construction record drawings shall be received from a North Carolina -licensed Professional Engineer
certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum
Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as
applicable; and other supporting materials. If this project is to be completed in phases and partially certified,
you shall retain the responsibility to track further construction approved under the same permit, and shall
provide a final certificate of completion once the entire project has been completed. A copy of the
construction record drawings, indicating the facilities constructed in the phase being certified, shall be
submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction
Record Drawings", and one copy of the supporting design calculations to the Non -Discharge Permitting Unit,
1617 Mail Service Center, Raleigh, NC 27699-1617.
9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
10. 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.
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. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal)
having jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, soil
erosion and sedimentation control requirements in 15A NCAC Chapter 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.
12. The Permittee shall provide the following items for the pressure sewer system:
a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in any centralized
pump station serving more than one building.
b. A minimum of 360 gallons of storage capacity above the pump -on activation level to meet the greater of
the Permittee response time for service or the Longest non -catastrophic power outage of the previous
three years for any simplex pump station serving a single family residence.
c. An air relief valve located at all high points along the force main.
d. A screened vent for the wet well.
e. Fillets located in the wet well(s) at the intersection of the flooring and side walls.
f. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot
be maintained.
g. Sufficient devices which will protect the pump station from vandals.
h. Hood protection if the pump station is located below the 100-year flood elevation.
i. Adherence with the following minimum separations:
(i) Storm sewers (vertical) I2 inches
(ii) Water mains (vertical -water over sewer) 18 inches or (horizontal) 10 feet
(iii) In benched trenches (vertical) 18 inches
(iv) Any private or public water supply source, including any WS-I waters or Class I or Class II
impounded reservoirs used as a source of drinking water 100 feet
(v) Waters classified WS (other than WS-I), B, SA, ORW, HQW, or SB [from normal high water (or
tide elevation)] 50 feet
(vi) Any other stream, lake or impoundment 10 feet
(vii) Any building foundation 5 feet
(viii) Any basement 10 feet
(ix) Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
(x) Drainage systems
(I) Interceptor drains 5 feet
(II) Ground water lowering and surface drainage ditches 10 feet
(xi) Any swimming pool 10 feet
(xii) Ferrous sewer pipe with joints equivalent to water main standards, shall be used where these
minimum separations cannot be maintained. The minimum separation shall however not be less
than 25 feet from a private well or 50 feet from a public water supply well;
13. 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 that may be required by this Division, such
as the construction of additional or replacement wastewater collection facilities.
14. Noncompliance Notification:
The Permittee shall verbally report to a water quality staff member at the Mooresville Regional Office,
telephone number [phone], 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 -di pumping station or sewer line resulting in a by-pass directly to receiving waters without
treatment of aII or any portion of the influent to such station or facility.
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Voice mail messages or faxed information is permissible but this shall not be considered as the initial
report. Overflows and spills occurring outside normal business hours may also be reported to the Division of
Emergency Management at telephone number [phone] or [phone]. 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. Per Condition 1(2), Part ll of
Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was
beyond control.
15. This permit shall become revocable unless the agreement between the Provident Development Group, Inc.
and the Charlotte -Mecklenburg Utilities for the collection and final treatment of wastewater is in full force
and effect.
16. 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 North Carolina General
Statute 143-215.6A to 143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this Permit.
17. The Permittee shall maintain on hand for immediate installation a supply of spare, fully operational pump
units of each type used in the pressure sewer system. The number of pumps on hand shall not be less than 10
percent of the number of installed units or one unit, whichever is greater.
18. Each pump station shall be clearly and conspicuously posted with the telephone number of the owner/operator
of the pressure sewer system and instructions to call the number in the event of high water alarm activation.
Permit issued this the 6th day of August, 2004
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
lJ�
Alan W. Klimek, P. E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0023993
4

OF NORTH CAROLINA
LINTY OF // J4)€,.4,,��
Permit No.
G�rper)2? 9-93
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this day of
f oo , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Provident
Development Group, Inc. , 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 Mecklenburg ' ' ' County, upon which it
is erecting and will erect dwelling units and other improvements, said development to be known
as Preservation Pointe (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.I 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
(Enter Unit Owners' Association) Preservation Pointe Homeowners 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.
T f T) Ai. T117.t7 1-1,1 /n? r,___ , _rn

FOR THE ENVIRONMENTAL
MANAGEMENT CO��MMISSION
. f Or Alan Klimek, P.E., Director
Division of Water Quality
Sko(
(Date)
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 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 WTI'NESS 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:
Provident Development Group, inc.
Name.=-VELOE
ure)
Thomas D. Waters. President
Print Name and Title
S�vt
(Date)

ermit No. WQ0023993
August 6, 2004
ENGINEER'S CERTIFICATION
Partial Final
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,
Project Name Location and County
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 and intent of
this permit, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
The above Engineer's Certification must be completed and submitted to the address below with one (1) copy of
the Record Drawings (i.e., as -constructed plans) of the permitted facilities. This project shall not be considered
complete and allowed to operate until this Engineer's Certification and the Record Drawings have been submitted.
Any wastewater flow made tributary to the permitted facilities 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 DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
5