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WQ0031566_Regional Office Historical File Pre 2018
R North Carolina Depaatment orEnvironment and Naha September 21, 2007 Bradford C. Brundage D.R. Horton, Inc. 820 Forest Point Circle, Suite 100 Charlotte, NC 28273 iins> Director n o 4'ater Qnrality C DEN D "Q-Surface Weer cn Subject: Permit No, WQ0031566 D.R. Horton, inc. Vineyards Subdivision, Phase 2 Wastewater Collection System Mecklenburg County Dear Mr. Brundage: In accordance with your permit application received July 11, 2007, we are forwarding herewith Permit No. WQ0031566 dated September 21, 2007, to D.R. Horton, Inc. for the construction and continued operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded, shall void Permit No, WQ0031566 issued April 13, 2007, and shall be subject to the conditions and limitations as specified therein.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 2T .0400 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 SA NCAC 2T .0300; 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 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, If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request rnust be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. Noe hCaroli Nna aurally Pretreatment E mer eney Response and Collection Systems Unit Internet htt'p://h2o .nr.ne.state,tts/ndpu 1617 Mail Service Center, Raleigh, NC 27699-I6t7 An Equal Opportunity Action Employer Telephone (919) 733-5083 Fax (919) 733-0059 50% recycled/I0% post -consumer paper Bradford C. Brundage September 21, 2007 Page 2 One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Deborah Gore at (919) 733-5083 extension 593. Sincerely, Coleen H. Sullins cc: Mecklenburg County Health Department Mooresville Regional Office, Surface Water Protection Section (CMIJ McAlpine WWTP) Dan Latta, Stantec Consulting Services Inc., 2127 Ayrsley Town Blvd, Suite 300, Charlotte, NC 28273 Surface Water Protection Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 2] of Chapter 143, Genera! Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO D.R. HORTON, INC. MECKLENBURC COUNTY FOR THE construction and continued operation of approximately a pressure sewer collection system consisting of 33 - 2HP pump stations with simplex pumps, on -site audible and visual high water alarms and approximately 2,440 linear feet of 2-inch pressure sewer, and the discharge of 8,250 GPD of collected wastewater into the Charlotte Mecklenburg Utilities' existing sewerage system, pursuant to the application received July 11, 2007, and subsequent additional information received by: the Division, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. And From Permit No WQ0031566 dated April 13, 2007 construction and operation of approximately 2,726 linear feet of 8-inch gravity sewer to serve 32 residential units as part of the Vineyards Subdivision on Lake Wylie Phase 1 project; and the discharge of 6,080 gallons per day of collected domestic wastewater into the Charlotte Mecklenburg Utilities' existing sewerage system, pursuant to the application received March 19, 2007, and in conformity with the project plan, 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 void unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T .0300; 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. 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 2T .0400. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0400: 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 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 including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response shall be developed and implemented. d. Pump stations that are not connected to a telemetry system (i.e. remote alarm 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. 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 by the permittee or its representative at least once every six -months and inspections documented. f A general observation by the permittee or its representative of the entire sewer system shall be conducted at least once per year. 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. h. A Grease Control Program shall be in place as follows. g (1) For publicly owned collection systems, the grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include the legal means for inspection of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (2) For privately owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials to users of the collection system by the permittee or its representative. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this subparagraph if necessary to prevent grease related sanitary sewer overflows. i. Rights -of -ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. 4. The sewage and wastewater collected by this system shall be treated in the CMU McAlpine Wastewater Treatment Facility (NPDES Permit No. NC0024970) prior to being discharged into the receiving stream. (3) 5. This permit is not transferable. In the event the facilities 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). This request shall be 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. 6. Construction of the sewerage system shall be scheduled so as _not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T .0116, 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. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; 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. 10. 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. 11. The Permittee shall provide the following items for the sewerage system, as applicable: 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. At least 24 hours of storage capacity above the pump -on activation level 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 at the intersection of the flooring and side walls, f. Three feet of cover (minimum) over the sewer line or the use of ferrous material where three feet cannot be maintained, g. Sufficient devices which will protect the pump station from vandals, h. A pump station sign with identifier, emergency contact telephone number and instructions for anyone to call if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is apparent. i. Hood protection if the pump station is located below the 100-year flood elevation. Adherence with the following minimum separations: (i) Storm sewers (vertical) 12 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-1 waters or Class 1 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 (1) Interceptor drains 5 feet (11) Ground water lowering and surface drainage ditches 10 feet (xi) Any swimming pool 10 feet (xii) 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; 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. Noncompliance Notification: The Permittee shall verbally report to a water quality staff member 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. Voice mail messages or faxed information is permissible but this 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. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 14. This permit shall become void unless the agreement between D.R. Horton Inc. and the Charlotte Mecklenburg Utilities for the collection and final treatment of wastewater is in full force and effect. rheOPeratonal 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. Permit issued this the .21 st day of September 2007 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0031566 c Permit No. W00031566 September 21, 2007 System Description: a pressure sewer collection system consisting of 33 - 2HP pump stations with simplex pumps, on -site audible and visual high water alarms and approximately 2,440 linear feet of 2-inch pressure sewer, AND From Permit No WQ0031566 dated April 13, 2007: approximately 2,726 linear feet of 8-inch gravity sewer to serve 32 residential units as part of the Vineyards Subdivision on Lake Wylie Phase 1 project Complete and submit this form to the permit issuing office as indicated below with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • 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 Ej Partial © Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (D periodically, © weekly, El full time) the construction of the subject 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 2T .0300; 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 Purnp 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 DIVISION OF WATER QUALITY PRETREATMENT, EMERGENCY RESPONSE & COLLECTION SYSTEMS UNIT 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617 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 cornpletion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. r'JORTH CAROLINA Y OF Mecklenburg Permit No. \ 4 o d 3 l 5 6(�, DEVELOPER'S OPERATIONAL AGREEMENT his AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this 4th day of May 2007 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and DR Horton 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 The Vineyards at Iake Wylie_ (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 ( Vineyards on Lake Wylie Homeowners Association after 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. dF. 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. 17.1-1T1 _ rr+t r rt." EVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and purtenances 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. 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 ENT COMMISSION Director Co key-, Division of Water Quality DR Ho Name of DEVELOPER Bradford C. Brundage Print Name and Title S V- oo 7 (Date) Vnnr.r. r,ri.r nry,n-i July 11, 2007 Bradford C. Brundage DR. Horton, Inc. 820 Forest Point Circle, Suite 100 Charlotte, NC 28273 North Carolina Dep Subject: Acknowledgement of Application No. WQ0031566 Vineyards SD on Lake Wylie -Phase 2 Mecklenburg County ar Mr. Brundage : Michael F. Easley, Governor William G. Ross Jr,, Secretary Environment, and Natural Resources jw. Coleen Sullins, Director Division of Water Quality The Division of Water Quality acknowledges receipt of your permit application and supporting materials can June 29, 2007. This application package will be assigned a reviewer. The reviewer will perform a detailed review and contact you with a request for additional information if necessary. To ensure the maximum efficiency in processing permit applications, the Division requests your assistance in providing a timely and complete response to any additional information requests. Please note at this time, processing permit applications can take as long as 60 — 90 days after receipt application. To check on the status of an application, please visit http://h2o.enr.state.nc.us/bims/Reports/reportsPermits.html. a complete All sewer related matters are handled through the Pretreatment, Emergency Response and Collection Systems Unit under the Point Source Branch EXCEPT FOR FAST -TRACK SEWER EXTENSION PERMITTING WHICH CONTINUES TO BE ADMINISTERED THROUGH OUR REGIONAL OFFICES. The Unit is located on the 13th floor of the Archdale building in downtown Raleigh. If you have any questions, please contact Deborah Gore at 919-733-5083 extension 593, or via email at deborah.gore�c ncmail.net. If the reviewer is unavailable, you may leave a message, and they will respond promptly.. PLEASE REFER TO THE ABOVE APPLICA PION NUMBER WHEN MA .l ,1NG INQUIRIES ON THIS PROJECT. Sincerely, y O. Poupart Supervisor Cc: M n v lle Regional Moe S Perm application file WQ0031566 on Section North Carolina Division of Wat Internet: Wyy„.ncwa erau itv c Center Raleigh, NC 27699-1 17 Phone (919) 733-7015 Custom; 2 N. Salisbury St. Raleigh, NC 2"7604 Fax (919) 733-2496 1-877-6 ity/Allittrtrttive Action Employer - 50% Recycled/10% Post Consumer Paper