HomeMy WebLinkAboutWQ0037227_Regional Office Historical File Pre 2018 (2)/1
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 21, 2014
Robert Teller, Manager
Willbank. Investment Partners LLC
1031 South Caldwell Street
Suite 220
Charlotte, NC 28203
Subject: Permit No. WQ0037227
Willbank Investment Partners LLC
Bankhead Road LPSS (Pumps)
Wastewater Collection System Extension
Mecklenburg County
Dear Mr. Teller:
John E. Skvarla, III
Secretary
In accordance with your application received June 30, 2014, and additional information received on July 21,
2014 we are forwarding herewith Permit No, WQ0037227, dated July 21, 2014, to Willbank Investment
Partners LLC (Permittee) for the construction and operation of the subject wastewater collection system
extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to
the conditions and limitations as specified therein. This cover letter and supplement shall be considered a
part of this permit and are therefore incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 1.1
Condition 11.4:
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.
A copy of the Articles of Incorporation, Declarations, and Bylaws that have been
properly filed shall be submitted with certification prior to operation.
Requires that the wastewater collection facilities be properly operated and maintained in
accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee.
It shall be responsibility of the Permittee 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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-6300 Internet: wwv.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
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 150E 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 Michael Leggett at (919) 807-
6312 or via e-mail at MichaelLeggett@ncdenr,gov.
Sincerely,
for Thomas A. Reeder, Director
Division of Water Resources, NCDENR
by Deborah Gore, Supervisor
Pretreatment, Emergency Response, Collection System Unit
enclosure: Operational Agreement
cc: Marc A, Houle, PE -- Yarbrough -Williams & Houle, Inc. (march@y-wh.com)
Mooresville Regional Office, Water Quality Section Regional Operations
Water Resources Central Files: WQ0037227
PERCS (electronic copy)
ATA
NCDENR
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
WASTEWATER COLLECTION SYSTEM EXTENSION 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 the
Willbank Investment Partners LLC
for the construction and operation of 15 simplex pump station with on -site audible and visual alarms to
serve 15 single family residential units as part of the Bankhead Road and Culross Land project, and the
discharge of 0 gallons per day of collected domestic wastewater into Charlotte -Mecklenburg Utilities'
existing sewerage system, pursuant to the application received June 30, 2014, and additional information
received on July 21, 2014 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.
Collection system mains and flow allocation are permitted under WQ0037226.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
for Thomas A. Reeder, Director
Division of Water Resources, NCDENR
By Authority of The Environmental Management Commission
Issued: July 21, 2014
Permit No: WQ0037227
Page 1 of 6
SUPPLEMENT TO PERMIT COVER SHEET
Willbank Investment Partners LLC is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the McAlpine Creek Wastewater
Treatment Facility (NC0024970).
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 19'96 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.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
1. SPECIAL CONDITIONS
1. The Operational Agreement between the Permittee and the Environmental Management Commission
isincorporated 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. A copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed shall be
submitted with certification prior to operation
Page 2 of 6
II. STANDARD CONDITIONS
1.
This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to
change ownership, or there is a name change of the Permittee, a formai 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.
2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with
the conditions of this permit; 15A NCAC 2T; 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 materials unless specifically
mentioned herein.
3. This permit shall be effective only with respect to the nature and volume of wastes described in the application
and other supporting data.
4. 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 .0403. If an individual permit is not required, the following
performance criteria shall be met as provided in 15A NCAC 2T .0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or
surface waters, and to prevent any contravention of groundwater standards or surface water standards.
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 has been 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 -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. 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 is in place as follows:
1. For public 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 at existing establishments. The plan shall also include legal means for
inspections 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 bi-annual
distribution of grease education materials to users of the collection system by the permittee or its
representative.
Page 3 of 6
3� Grease education materials shall he distributed more often than required in Parts (I) and (Z) of this
Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
i Right-of-ways and easements shall be maintained in the, full easement vvk1/h for personnel and equipment
Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with
exception mfthe map, which shall bemaintained for the life of thesystem.
S' Noncompliance Notification:
The PerniueeshaN nzporthytelephone tn a water resources staff member at the Mooresville Regional Office,
telephone number704-663-JO99, as soon as possible, but in no case more than 24 humo o, on the next working
day, following the occurrence or first knowledge of the occurrence of either of the following:
a Any process unit failure, clue to known or unknown mesons, that renders the tad|ky incapable of
adequate wastewater transport, such as mechanical o/ electrical failures of pumps, line blockage or
breakage, atc.;mr
b. Any 56Oand/or spill over 1,8UUgallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the inbU verbal
report, Overflows and spills occurring outside uu,ma/ business hours may also be reported to the Division of
Emergency Management at telephone number (800) 858'0368 or (9I9) 733-3300. Persons reporting any of the
above occurrences shall file pspill report bycompleting and submitting Part |ofForm [S-JS0(or the most current
Division approved form) within five days following first knowledge ofthe occurrence, This report Must outline the
actions taken or proposed to betaken to ensure that the problem does not recur, Part U of Form CS-SSQ (or the
most current Division approved form) can also be completed to show that the SSO was beyond control.
6. Construction ofthe gravity sewers, pump mmhnms, and force mains shall be scheduled so as not to interrupt
service by the existing utilities nor result in an overflow or bypass discharge mfwastewater tn the surface waters
o(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 tmthis permit shall besubmitted with the required supporting
documents ozthe address provided onthe form, Acomplete certification isone where the form isfully executed
and the supporting documents are provided as applicable. Any wastewater Mow made tributary to the
wastewater collection system extension prior to completinnofthis Eng$neer"sCertification shall be considered n
violation of the permit and shall subject the Perm4tee to appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then w copy of the Articles of
Incorporation, oednratio ov/[pvenants/nesdctions, and Bylaws that have been appropriately filed with the
applicable County's Register of Deeds office shall be submitted with the certification.
Acomplete certification bone where the form is fully executed and the supporting documents are provided as
applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines &fone mains) of
the wastewater collection system extension. Final record drawings should beclear on the plans or on digital
media (CD orDVDdisk) and are defined aothe design drawings that are marked uporannotated with after
Page 4 of 6
b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point,
buoyancy calculations, 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.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum
Design Criteria should be dearly identified on the record drawings, on the certification in the space provided,
or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-
compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station
design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations,
or the•Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be
reviewed on a case -by -case basis and each on its own merit. Please note that variances to the Minimum Design
Criteria should be requested and approved during the permitting process prior to construction. After -
construction requests are discouraged by the Division and may not be approved, thus requiring replacement or
repair prior to certification & activation.
8. A copy of the construction record drawings 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, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
10. 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.
11. 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.
12. The Permittee shall provide for the pump station and force main the following items:
a. Pump Station Reliability:
1. Pump stations, except when exempted by Subparagraph (j)(2) of 15A NCAC 027.0305, shall be
designed with multiple pumps such that peak flow can be pumped with the largest pump out of
service.
2. A standby power source or pump is required at all pump stations except for those pump stations
subject to Subparagraph (j)(2) of 15A NCAC 02T.0305. Controls shall be provided to automatically
activate the standby source and signal an alarm condition.,
3. As an alternative to Part (c) for pump stations with an average daily design flow less than 15,000
gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or pumping
capability may be utilized. It shall be demonstrated to the Division that the portable source is owned
or contracted by the permittee and is compatible with the station. If the portable power source or
pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage
Page 5 of 6
capacities and the rotation schedule of the portable power source or pump' including travel
hmekames, shall beprovided imthe case ofamultiple station power outage.
4. As an alternative to Part (ii) for pump or vacuum stations cnmnect�ng a single building to an
alternative sewer nyokyn, wet well storage requirements shall be documented to provide 74hnum
worth o(wastewater storage or, exceed the greatest power outage over the last three years or the
documented response time to replace m failed pump, vvhicheve, is greater. Documentation shall be
required pursuant tnthe permit application.
b` All pump stations designed for two pvnxpm or more shall have a telemetry system to provide remote
notification of problem condition to include power failure and high water alarm,
c. High water audio and visual alarm.
d, Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour
emergency number and instructions to call in case of emergency, Simplex pump orvacuum stations serving a
single-family mddrnoa shall have a placard or sticker placed inside the control panel with a 24hou/
emergency contact number.
e, Screened vents for all wet wd|s.
L The public shall berestricted access tothe site and equipment.
g. Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten
13. The PermbNeeshaU maintain on hand for immediate installation anadequate supply o/spare, fully operational
Page 6 of 6
IpipprPP-
Engineering Certification
ermittee: Willbank Investment Partners LLC
Project: Bankhead Road LPSS (Pumps)
Permit No: WQ0037227
Issue Date: July 21, 2014
This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification
and all required supporting documentation. Therefore, it is highly recommended that this certification be sent ina manner
that provides proof of receipt by the Division.
• NOTE: If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation,
Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of
Deeds office shall be submitted with the certification.
PERMITTEE'S CERTIFICATION
I, , the undersigned agent for the Permittee, hereby state that this project has been
constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided
applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the
wastewater collection system permitted herein or portions thereof.
Printed Name, Title
Signature
Date
ENGINEER'S CERTIFICATION
❑ Final ❑ Partial (include a brief description)
I, , as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, n weekly, ❑ 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
following construction: 15 simplex pump station with on -site audible and visual alarms to serve 15 single family
residential units as part of the Bankhead Road and Culross Land project, and in conformity with the project plans,
specifications, supporting documents, and design criteria subsequently filed and approved. i certify that the construction
of the above referenced project was observed to be built within substantial compliance and intent of the approved plans
and specifications.
North Carolina Professional Engineer's seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION TO THE FOLLOWING ADDRESS:
NCDENR/DWR WATER QUALITY PERMITTING SECTION
WASTEWATER BRANCH — PERCS UNIT,
1617 Mail Service Center
Raleigh, NC 27699
RECEIVED/DENRIDWR
of
OF NORTH CAROLINA
UNTY OF Mecklenburg
OPERATIONAL AGREEMENT
JUN 3 0 2014
Permit No. {dcv372Z"1
Water Quality
Permitting Section
This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this 23 day
May 2014 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Wilbanks Investment Partners, 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 Mecklenburg County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as •Culross Lane (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 fling of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C 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 (Unit Owners' Association) Culross Home Owners 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 Resources 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 DEVELOPERshall 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 08-13 Page 1 of 2
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal Syste
appurtenances thereto are part of the common elements and shall thereafter be properly maintained an
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 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
M NAGEMENT COMMISSION
\
Thomas A. Reeder, Director
Division of Water Resources
(Date)
Wilbanks Investments Partners, LLC
Name of DEVE PER
Robert J. Teller, Manager
Print Name and Title
05/23/14
(Date)
FORM: DEV 08-13
Page 2 of 2