Loading...
HomeMy WebLinkAboutWQ0036952_Permit (Issuance)_20140310CDE A7A FTVR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, HI Govemor Director March 10th, 2014 James Wiley, Manager Beacon Street Moss LLC PO Box 6474 Raleigh, NC 27628 Subject: Permit No. WQ0036952 _ 'Beacon Street Moss LLC Mass Landing Low Pressure Sewer System (LPSS) Pumps. Wastewater Collection System Extension Beaufort County Dear Mr. Wiley: Secretary MAR 1 3 2014 I Li, In accordance with your application received February 5th, 2014, and additional information received on March 10th, 2014 we are forwarding herewith Permit No. WQ0036952, dated March 10th, 2014, to Beacon Street Moss 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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 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. Condition 11.4: 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 Beacon Street Moss 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. 1617 Mall Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX 919-807-6492 Internet www.ncwaterqualtv.orq An Equal Opportunity 1 Affrmative Action Employer One Carolina aturall i'` SCE Beacon Street Moss, LLC Moss Landing LPSS Pumps WQ0036952 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 Michael Leggett at (919) 807- 6312 or via e-mail at Michael.Leggett@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response, Collection System Unit enclosure: Operational Agreement cc: James W. Forman Jr., PE — Bearing Point Consulting Bill Clark, President — Moss Landing Owners Association 104 N. Market Street, Washington, NC 27889 Washington -Regional -Office; Wate aJ.ity cfiU—Elregional Oprati no s Allen Lewis, Public Works Director —City of Washington (alewis@washingtonnc.gov) Water Resources Central Files: WQ0036952 PERCS (electronic copy) Thk 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 Beacon Street Moss LLC Beaufort County for the construction and operation of 38 simplex pump stations with on -site audible and visual alarms and associated service laterals and appurtenances to serve 21 three bedrooms single family residential units and 17 four bedroom single family residential units as part of the Moss Landing Low Pressure Sewer System project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Washington's existing sewerage system, pursuant to the application received February 5th, 2014, and additional information received on March 6th, 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 permitted under Permit No. WQ0031413. 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 issued this the 10th day of the March, 2014. _AY\-k-- for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0036952 SUPPLEMENT TO PERMIT COVER SHEET Beacon Street Moss 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 City of Washington Wastewater Treatment Facility (NC0020648). 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, 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. 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. Page 2 of 5 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. . This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 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. Page 3 of 5 I. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. 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 Notfflcation: The Permittee shall report by telephone to a water resources staff member at the Washington Regional Office, telephone number (252) 946 6481, 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 I 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 II 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 certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. If this protect is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. 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 Permlttee to appropriate enforcement actions. Permit modifications are required prior to certification (Final or Partial) and are required for any changes resulting in non-compliance with this permit (including but no limitied to 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), or regulations. 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 may subject the Permlttee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C. Page 4 of 5 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 02T.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 capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided In the case of a multiple station power outage. 4. As an alternative to Part (li) for pump or vacuum stations connecting a single building to an alternative sewer system, wet well storage requirements shall be documented to provide 24- hours worth of wastewater storage or, exceed the greatest power outage over the last three years or the documented response time to replace a failed pump, whichever is greater. Documentation shall be required pursuant to the permit application. b. All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a 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 or vacuum stations serving a single-family residence shall have a placard or sticker placed Inside the control panel with a 24- hour emergency contact number. - e. Screened vents for all wet wells. f. The public shall be restricted access to the site and equipment. g. Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten feet. 13. The Permittee shall maintain on hand for immediate installation an adequate supply of spare, fully operational pump units of each type used in the system. Page 5 of 5 CERTIFICATION Permittee: Beacon Street Moss, LLC Protect: Moss Landing LPSS (Pumps) Permit No. WQ0036952 Issue Date: March 10th, 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 thls certification be sent in a 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 Permlttee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date The Permlttee 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 completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. ENGINEER'S CERTIFICATION ['Partial ❑ Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (n periodically, ❑ 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: for the construction and operation of 38 simplex pump stations with on -site audible and visual alarms and associated service laterals and appurtenances to serve 21 three bedrooms single family residential units and 17 four bedroom single family residential units as part of the Moss Landing Low Pressure Sewer System project, and in conformity with the project plans, specifications, and other supporting documents subsequently filed and approved. I certify that the construction of the above referenced protect 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: f._ 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 DWR Use Only: Flow from this project is tributary to: NC0020648 STATE OF NORTH CAROLINA COUNTY OF Beaufort Permit No; W 3 l �2 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143,215.1 (di) and entered into. this 1 D day of 11/1,k ZO jy , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Beacon Street Moss, LLC , a Limited Liability Company registered/licensed to do business in the State of North Carolina, hereafter known AS the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the otNner of the certain lands lying in Beaufort County, ttpon which it is erecting and will erect dwelling units .and gather :improvements, said development to be_ known as MOsS Lidbig (here.ii after the Development). 2. The DEVELOPER. desires, to construct a wastewater collection sySteiin with piing , wastewater tfeantent wOrkS, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said land$. 3. The DEVELOPER has applied to the .COMMISSION for the issuance of a permit,pursuant to G.S. 143.215.1 to constniet, 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 firmed or will cause to be formed at the time of fig of the Declaration,. the Moss Landing Pbase. ZI Owners Association, Inc. (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 proprty, aft irs and business. of the DeyeloPinent; of 'operating, mhitaiuin,g, 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 gnnlity 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 DEV13LOPatdo hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and .specifications hereaflei issued and approved by the COMMISSION, and shall thereafter properly operate and maintain .such syStenis and facilities in accordance with.applicable permit provisions anti 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 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. FORM: DE17'08-13 Pagel of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses: In order to assure that there shall be funds readily available • to repair, maintain or constrict 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 Yank .shall be separate from the routine mairiteriance funds a110cated for the fac lity'and shall beplirt of the .yearly budget. ¢.. In the. event the common expense allocation and separate fund are not adequate fbt. the epnstrtzctio , tepaii, aril maintenance 'of tlie_Di$pos l Systein, thit Dee10itnn and Association ylaws shall .provide 'for special. assessments to eoVer su. ah necessary costs. There shall be rro limit on the amount. of such assessments,. and the Declaration and' Bylaws, shall provide that such special assesaments. can be made as'necessaty 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 herdina r become available to serve the Development, the DEVI;LOPEK 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 conveyor 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 intp 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 AssOciatiort Bylaws that the A soeiation .shsu nOt enter into vbltintary dissolution without first having.transfetred its said. system and .facilities: tQ 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 CQunty(ies) where the.Peclaration is Med .and in the offices of the Secretary of State of North Carolina with the Articles of Incorp.oration of the Association. IN WITNESS W I REOF, this. agreement was execated.in daplieate. originals. by the duly aUthorfzed representative of the parties heretoon the day,aid year Written as indicated.by each of the. partiesnamed below: FOR THE ENVIRONMENTAL Thomas A. Reeder, Director Division of Water Resources (Date) FARM; DEV 08.13 i3eacon Street Moss, LLC Dame of DEVELOPER ( )VW41;;- (A116) 01 James K. Wiley, Manager Print Name and Title / -31 ---4/1-1. (Date) Page2of2