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HomeMy WebLinkAboutWQ0023287_Owner (Name Change)_20220922DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Todd Edmiston, Managing Agent Mayfaire Community Association, Inc. 1612 Military Cutoff Rd., Suite 108 Wilmington, NC 28403 NORTH CAROLINA Environmental Quality 9/22/2022 Subject: Change of Ownership Approval Permit: WQ0023287 Mayfaire Community Center Private Sewer New Hanover County Dear Mr. Edmiston: Division personnel have reviewed and approved your permit modification request for Permit No. WQ0023287. This modification is to change ownership from Mayfaire I, LLC to Mayfaire Community Association, Inc. and Mayfaire Community Association, Inc. is now responsible for the continued operation and maintenance of the subject wastewater collection extension. Our database has been revised to reflect the ownership change. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. The Permittee shall maintain compliance with its individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0400 and G.S 143-215.9B. If you have any other questions regarding this matter, please contact Kristin Litzenberger at (919) 707- 3699 [email: Kristin.litzenberger@ncdenr.gov]. Sincerely, 1- DocuSigned by: Y t L LLl kovIt C LL "-C464531431644FE_. for Richard E. Rogers, Jr., Director Division of Water Resources, NCDEQ enclosures: Permit No. WQ0023287 .0403 Supplement Operational Agreement cc: Jerry Eatman [jeatman@lyncheatman.com] H.J. Brody, Mayfaire I, LLC [danrahe@brodyco.com] Wilmington Regional Office, Water Quality Regional Operations Section Municipal Permitting Unit Files (electronic copy) GDE NORTH C OLI JA ' omm mr� ep..of o�.i North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Permit No. WQ0023287 HOME/PROPERTY OWNERS" OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this day of ,2022 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Mayfaire Community Association, Inc. , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: L The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as Mayfaire, Wilmington, NC (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter47C or 47F of the North Carolina General Statutes. 5. 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 ASSOCIATION do hereby mutually agree as follows: I. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to 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 ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common dements 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 bythe Association except for Federal, State, and local taxes and insurance. FORM: HOA 03-19 Page 1 of 2 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 3. The ASSOCIATION 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 fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made as necessary at any time. 5. 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 ASSOCIATION 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 mayrequire as condition of accepting the Development's wastewater. 6. 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 ASSOCIATION 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 bythe issuance of a permit. 7. The ASSOCIATION 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 ASSOCIATION'S successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. 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: TIE ENVIRONMENTAL MAYFAIRE COMMUNITY ASSOCIATION, INC. FOIE ocu i ned b v�ly4d NT CO�1(iMISSION Name ofAS�QCIA �ION "-C464531431644FE_. for Richard E. Rogers, Jr. Director, Division of Water Resources 9/22/2022 B (` JeTfery V. Curry Chief Legal Officer Print Name and Title (Date) (Date) FORM: HOA 03-19 Page 2 of 2 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 15A NCAC 02T .0403 PERMITTING BY REGULATION (a) Collection systems having an actual, permitted or Division approved average daily flow less than 200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this Rule: (1) The sewer system is 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. (2) A map of the sewer system has been developed and is actively maintained. (3) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. (4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are inspected at least once per week. (5) High -priority sewers are inspected by the permittee or its representative at least once every six -months and inspections are documented. (6) A general observation by the permittee or its representative of the entire sewer system is conducted at least once per year. (7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice is provided as required by G.S. 143-215.1C. (8) A Grease Control Program is in place as follows: (A) 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 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. (B) For privately owned collection systems, the Grease Control Program shall include at least biannual distribution of grease education materials to users of the collection system by the permittee or its representative. (C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. (9) Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility. (10)Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. (b) Private collection systems on a single property serving an industrial facility where the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. (c) The Director may determine that a collection system should not be deemed to be permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B; Eff. September 1, 2006. DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary February 6, 2014 H. J. Brody, Manager Mayfaire I, LLC 6835 Conservation Way Wilmington, NC 28405 Subject: Permit No. WQ0023287 MODIFICATION Mayfaire I, LLC Mayfaire Community Center Private Sewer Wastewater Collection System Extension County County Dear Mr. Brody: BECEIVE JUN 1 0 2021 BY: In accordance with your application received January 13, 2014, we are forwarding herewith Permit No. WQ0023287, dated February 6, 2014, to the Mayfaire I, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0023287 issued December 19, 2003, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. This modification adds approximately 425 linear feet of 8-inch gravity sewer to serve three retail buildings on Lot 1-R in Phase 2 with a total square footage of approximately 97,415 ft2. Please pay particular attention to the following conditions contained within this permit: Special Conditions: Condition 1.2: This permit shall become voidable unless the agreement between the Mayfaire 1, LLC and the Cape Fear Public Utility Authority for the collection and final treatment of wastewater is in full force and effect. Condition 1.3: No flow in excess of the quantity permitted herein shall be made tributary to the subject sewer system. If at any time, additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Resources to property allocate the subject wastewater flow. The Permittee is required to continuously track and maintain an up-to-date accounting of usage. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwater.org An Equal Opportunity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper NorthCarolina JVaturallij DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 Mayfaire 1, LLC Permit No. WQ0023287 Standard Conditions: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Condition 11.9: Requires that the wastewater collection facilities be properly operated and maintained in accordance with ISA NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump station identifying name/number, 24-Hour Emergency telephone number, and name of the owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. It shall be responsibility of the Mayfaire 1, LLC 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 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 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 Dean Hunkele at (910) 796- 7215 or via e-mail at Dean.Hunkele@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Resources by James H. Gregson Regional Supervisor Water Quality Regional Operations Section Cc: Rob Keidel, LandDesign Inc Kent Harrell, CFPUA WIRO, Water Quality Section — Wilmington Southside (NC0023973) Sewer Ext. File Central Files, Water Quality Section Michael Leggett, PERCS Unit (via email) Page 2 of 10 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 AwrA 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 MAYFAIRE I, LLC New Hanover County for the construction and operation of approximately 425 linear feet of 8-inch gravity sewer to serve three retail buildings on Lot 1-R with a total square footage of approximately 97,415 ft2 as part of the Mayfaire Community Center Phase 2 project with no additional discharge (flow allocated in Phase 1) of collected domestic & commercial wastewater into the Cape Fear Public Utility Authority's existing sewerage system, pursuant to the application received January 19, 2014, and in conformity with 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 data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. December 19, 2003 (Original Issuance) For the continued operation of approximately 1,691 linear feet of 8-inch and 2,436 linear feet of 10-inch gravity sewer to serve 177,133 ft2 of office & retail space (120 gpd/1000 ft2) and 18,446 ft2 of restaurant dining area (40 gpd/15 ft2) as part of the Mayfaire Community Center Phase 1 Sewer project, and the total discharge of 69,725 gallons per day of collected domestic waste- water into the City of Wilmington's existing sewerage system, pursuant to the application received November 13, 2003 and in conformity with 15A NCAC 2H .0200; 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 data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. Page 3 of 10 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit Number: WQ0023287 Issued Today: February 6, 2014 for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission by James H. Gregson Regional Supervisor Water Quality Regional Operations Section Page 4 of 10 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 SUPPLEMENT TO PERMIT COVER SHEET MAYFAIRE I, 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 Wilmington Southside Wastewater Treatment Facility (Permit No. NC0023973) prior to being discharged into the receiving strea m. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Resources' (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. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. A Stormwater Management Plan shall be applied for and obtained in accordance with 15A NCAC 2H .1000 where applicable. 2. This permit shall become voidable unless the agreement between the Mayfaire I, LLC and the Cape Fear Public Utility Authority for the collection and final treatment of wastewater is in full force and effect. 3. No flow in excess of the quantity permitted herein shall be made tributary to the subject sewer system. If at any time, additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Resources to properly allocate the subject wastewater flow. The Permittee is required to continuously track and maintain an uo-to-date accounting of usage. 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 formal 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. Page 5 of 10 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 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. 3. 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. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. Page 6 of 10 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water resources staff member at the Wilmington Regional Office, telephone number (910) 796-7215, 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 SSO and/or spill over 1,000 gallons; 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 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 and submitting Part 1 of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 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. 6. Construction of the gravity sewers, pump stations, and force mains 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. Any wastewater flow made tributary to the wastewater collection system extension 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. 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. A complete certification is one 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 & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. Page 7 of 10 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 b. One copy of the supporting pump station design calculations {selected pumps, system curve, operating point, buoyancy calculations, and 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 clearly 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. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 10. Per 15A NCAC 2T.0305 (h)(2), each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump station identifying name/number, 24-Hour Emergency telephone number, and name of the owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. Simplex pump stations or vacuum sewer pits serving a single-family residence may have a placard or sticker on the control panel in lieu of a sign. 11. 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. Page 8 of 10 DocuSign Envelope ID: 3688A0FD-940C-4852-9BBC-2ECB78226CB0 12. 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. 13. 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. Page 9 of 10