NC0068918_Authorization to Construct_19920521

NPDES DOCUHENT $CANNINO COVER SHEET
NC0068918
Cedar Hill WWTP
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
�AtC)
Authorization to Construct
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Plan of Action
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Speculative Limits
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Permit
History
Document Date:
May 21, 1992
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State of North Carolina
Department of Environment, Health and Natural Resources
Division, of Environmental Management
512 North Salisbry Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
May 21,1992
Mr. Richard H. Osgood, Jr.
MOGO - Sleepy Valley WWTF
Post Office Box 1298
Cashiers, North Carolina 28717
George T. Everett, Ph.D
Director
Subject: Permit No. NC0068918
Authorization to Construct
MOGO - Sleepy Valley WWTF
Wastewater Treatment Facility
Jackson County
Dear Mr. Osgood:
A letter of request for an Authorization to Construct was received December 7, 1990 by the
Division and final plans and specifications for the subject project have been reviewed and found to be
satisfactory. Authorization is hereby granted for the construction of a 13,000 GPD wastewater treatment
facility including a 4,000 gallon equalization basin, a 1,400 gallon sludge holding tank, a chlorination unit,
a dechlorination unit, a flow measuring device, effluent pumping facilities, 1,400 linear feet of 4-inch
force main, 485 linear feet of 8-inch gravity sewer and all necessary appurtenances with discharge of
treated wastewater into Horsepasture River which is classified as "C-Trout" waters in the Savannah River
Basin.
This Authorization to Construct is issued in accordance with Part III paragraph B of NPDES
Permit No. NC0068918 issued June 19, 1987, and shall be subject to revocation unless the wastewater
treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No.
NC0068918.
The sludge generated from these treatment facilities must be disposed of in accordance with G.S.
143-215.1 and in a manner approved by the North Carolina Division of Environmental Management.
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 treatment or disposal facilities.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

The Asheville Regional Office, phone no. [phone], shall be notified at leastforty-eight be e. Such
hours in advance of operation of the installed facilities so that an in -place nspl inspection can 8:00 a.m. until
notification to the regional supervisor shall be made during the normal office
5:00 p.m. on Monday through Friday, excluding State Holidays.
Upon completion of construction and prior to operation of this permitted facility, arc certification
pc . pthat the permitted facility has been must be received from .a professional engineer certifying Construct and the approved plans and
in
accordance with the NPDES Permit, this Authorization to
specifications: ns: Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535; Raleigh, NC
27626-0535.
Un classification of the facility by the Certification Commission, the Permittee shall ent
certified wastewater treatment plant operator to be in responsible charge (ORC) of the to wastewater
w than the
and at least equivalentgreater
facilities. The operator must hold a certificate of the type
the Certification Commission. The
classification assigned to the wastewater treatment appropriate type • • e to comply with
Permittee must also employ a certified back-up operator of the a riate visit Class I facilitylw h
the conditions of Title 15A, Chapter 8A, .0202.. The ORC of the feacileudm weekends and holidays, and
at
least weekly and each Class II III, and IV facility at least daily,
' on and maintenance of the facility and must comply with
must properly manage and document daily operate
other conditions of Title 15A, Chapter 8A, .0202. Once the facility is classified, the Permittee must
all responsible charge within
submit a letter to the Certification Commission which designates the operator in
thirty days after the wastewater treatment facilities are 50% complete.
A the approvedplans and specifications shall be maintained on file by the Permittee for the
the pof
life of facility. insure
test shall beperformed on the equalization basin and sludge holding tank too hour that
A leakage gallons per twenty-four ( ) per
any exfiltration occurs at a rate which does not exceed lion will srve as proof of compliance with this
1,000 gallons of tank capacity. The engineer's certification
condition.
The Operational Agreement between the Permittee and the Environmental li Managnce ement
Commission'ssion isincorporated herein by reference and is a condition of this Permit. NbyG. S. e
termss of the Operational Agreement shall subject the Permittee to all sanctions tions provided this Permit.
143-
215.6 for violation of or failure to act in accordance with the terms and con
Failure to aby req
uirements b the contained in this Authorization to Construct may subject
with
Permittee to an enforcement action by the Division of Environmental Management in accordance
North Carolina General Statute 143-215.6.
i
n to Construct does not preclude the Permittee from complying
The issuance of this Authorization by other government
with any and all statutes, rules, regulations, or ordinances which may be imposed
agencies (local, state, and federal) which have jurisdiction.
approved plans and specifications is bein : forwarded to you. If you have any
One (1) set of ;..., .,.; y� z ...1:;:,, telephone number
questions or need additional information, please contac _
919/733-5083.
S'ZZely,
tilt
George T. Eve
cc: Jackson County Health Department
Asheville Regional Office
Training and Certification Unit
William G. Lapsley & Associates, P.A.
•

• '• STATE OF NORTH CAROLINA
COUNTY OF JACKSON
Permit No. AC0068918
OPERATIONAL AGREEMENT
THIS AGREEMENT made pursuant to G.S. 143-215.1(d1) and entered into this 12th day
of May, 1992, by and between the North Carolina Environmental Management Commission,
an agency of the State of North Carolina, hereinafter known as the COMMISSION; and MOGO,
a general partnership registered 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 Jackson County County,
upon which it is erecting and will erect dwelling units and other improvements, said
development to be known as MOGO (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 a private incorporated non-profit
association of lot owners in said development, other improvements and lands through
filing of a Declaration of Covenants, conditions and restrictions including covenants for
assessments relating to the proposed improvements associated with the permit
(hereinafter Declaration).
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of
fling the Declaration, the MOGO Association, (hereinafter Association) a non-profit
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 intaccordance 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 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.

J. The DEVELOPER
the Disposal Systemshall provide in the Declaration
thereafter be and LOPE appurtenances thereto are ation and
Properly maintained and o Part of the common Association B
thereafter
the Permit for properly
maintained
operation,
in conformityelements and ByLaws that
facilities. The Declaration and peration, repair and maintenance law and the
collection and disposals ByLaws shall identifytine of the system provisions
t
Priori system
priority for expenditures byth as a common element thewentire wastewater treatment insurance. e Association except for Federal,ich will State
the local
State and Iocal
4. • The DE taxes, and
the Disposal S 'ELOPER shall
there shall will be maintained provide in the Declaration and Ahi order
ton B
beyond readily available to common expenses. �ByLaws that
y the be fundsne orepair, maintain or construct poto assure that
ByLaws shall provide that an and maintenance expenses,the Disposal System, be separate from fund be c hec the 0Dexpense and Such
fund
the routine maintenance
out of the common ex
Yearly budget, aintenance allocated for the facility Pensh S e p fund shall
y and shall be part of the
S• In the event the co
for the construction, re common expense allocation and
Association B pair, and maintenance of the Disposal Separate fund are There shall be noL limits shall provide for special ass P System, the eces not adequate
shall provide on the amount of suchassessments to cover such necess Declaration and
that such special assessments cassessments,s and the Declaration iy costs.
be made as necessary °n and ByLaws
6. If a wastewater collection � at any time.
uarllcIity provided byy, tow system and wastewater ofgovernment any cit n, village count treatment authorities,
and/or or e
shall hereinafter become a • y� waterdisposal
fand sewer authorities, other
DEVELOPER shall take such action available to serve the D
ter of the UDtake such a ti n as is necessary Development, the
system; accepted and discharge the existing and future
shall convey or transfer into s easements and s the as much of the Disposal System, ma dove
Development'sgovernmental unit may governmental
wastewater. Y require as a condition of accepting
necessary
P g the
7. Recognizing that it would b
Health, safety and welfare g te be contraryan' 1° the public interest and to the
having made adequate Association to enter into voluntary
9 provision for the continued proper public
Operation of its Dispose S dissolution without
that the Association shall Sysot tem,
the DEVELOPER shall pr0Vi e i n the Also and
transferred said system enter into voluntary de in fiAssociation B
acceptable i its and a Y and facilities to someydissolution cop without firstother ehaving ByLaws
approved by the COMMISSION byperson, corporation a perm t.
8. the issuance of a permit.
The DEVELOPER
tr
release its res shall not
Permit has Ponsibility for the o ansfer, convey, assign or otherwise re '
been reissued to the DEVELOP and maintenance of its Di lrnquish or
ER's success6r, sp°Sal System until a
9• The agreements set fo
shall be conditionof any pe rth in numbered pa
E�i• 7 and 8 above
OPER for the
construction unit issued by the COMMISSION
1, 2, 3,
maintenance, repair and o MISSION to the D Aeration of the Disposal System.
0• A
copy s
Count PY (Willis agreement shall be filed at
y(1es) where the Declaration is filed
North C the Register of Deeds in the
Carolina with the A d and in the offices of the
Articles of Incorporation of the Association.
of State of
11. The ration.
, void in the event that te COMMISSION hereby expressI are the regulations set forth DEVELOPER is declared
agrees that thisyTegument will a tnull
O
rih in N.C,G.S. ed a sewer utility as regulated purse and
§62-I30, et seq, ant to

IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the
duly authorized representative of the parties hereto on the day and year written as
indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
George T. Evere
Division of Envir
. , Di
e ntal M ent
Mai (
MOGO, a N. C. general partnership •
B
ichard H. 0 : good, J
May 12, 1992