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HomeMy WebLinkAboutWQ0039163_Owner (Name Change)_20221221 ROY COOPER 1 7t, -'`"--,) Governor ++' ELIZABETH S.BISER ,40sw.rfae Secretary RICHARD E.ROGERS,JR.. NORTH CAROLINA Director Environmental Quality December 21, 2022 Brooke Thorne,Board President Central Point Townhome Owners Association 1515 Mockingbird Lane,Suite 600 Charlotte,North Carolina 28209 Subject: Change of Ownership Approval Permit No.WQ0039163 Central Point Mecklenburg County Dear Ms.Thorne: Division personnel have reviewed and approved your permit modification request for Permit No. WQ0039163. This modification is to change ownership from Pulte Home Company, LLC to the Central Point Townhome Owners Association,and the Central Point Townhome Owners Association is now responsible for the continued operation and maintenance of the subject 1 wastewater collection extension. Our database has been revised to reflect the ownership change. This cover letter and Operational Agreement shall be considered a part of this permit and are 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 Charlie Miller, P.E.at(919) 707-3627 [email:charlie.miller@ncdenr.gov]. Sincerely, CDocuSigned by: at. kitty' 5FE7E4E08AEA49C... for Richard E. Rogers, Jr. Director, Division of Water Resources by Charlie Miller, P.E.,Acting Supervisor Municipal Permitting Unit, Division of Water Resources, DEQ enclosures: Permit No.WQ0039163 .0403 Supplement(if applicable) Operational Agreement cc: Jeremy Huntsman, Pulte Home Company,LLC(garrett.harkey@ pultegroup.coni) Mooresville Regional Office,Water Quality Regional Operations Section Municipal Permitting Unit Files (electronic copy) D North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Centec I Raleigh.North Carolim 27699-1611 "1:AROMA 919.707.9000 r o.rw• r�rr E orr pa RQY COOPER Governor MICHAEL S.REGAN Secretory Water Resources S.JAY ZLMMERMAN Environmental Quality Director May 17, 2017 Mr. Cisco Garcia,V.P. of Land Development Pulte Home Company, LLC 11121 Carmel Commons Blvd., Suite 450 Charlotte, NC 28226 Subject: Permit No.WQ0039163 Pulte Home Company, LLC Central Point Wastewater Collection System Extension Permit Mecklenburg County Dear Mr. Garcia: In accordance with your application received April 18, 2017,and additional information received May 11, 2017,we are forwarding herewith Permit No.WQ0039163 dated May 17,2017,to Pulte Home Company, LLC(Permittee)for the construction and operation upon certification 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 shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. 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 the 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. 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. "'`Nothing Compares State of North Carolina 1 Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1610 Fast Center Avenue,Suite 301 I Mooresville,North Carolina 28115 704-663-1699 j.a Environmental Quality 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 Pulte Home Company, LLC Mecklenburg County for the construction and operation of approximately 2,240 linear feet of 8-inch gravity sewer to serve the Central Point project, and the discharge of 23,940 gallons per day of collected domestic wastewater into the Charlotte Water existing sewerage system, pursuant to the application received April 18, 2017, and additional information received May 11, 2017 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 Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified con9,Ati s li itations contained therein. i_. by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Permit Number: WQ0039163 Permit Issued: May 17,2017 3 • • 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. [15A NCAC 027.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 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: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to and 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. 5 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. - b. One copy of the supporting applicable design -calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy,wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. 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.j15A NCAC 02T.0116] 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. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [1SA NCAC 02T.0116] 10. 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. [15A NCAC 02T.0104; 15A NCAC 02T .0108(b-c)] 11. 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 7 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: Pulte Home Company, LLC PERMIT#: WQ0039163 _ PROJECT: Central Point ISSUE DATE: May 17, 2017 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor,Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. 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 I, as a duly registered Professional En ineer in the State of North Carolina, having been authorized to observe (I-1 periodically, ❑ weekly, II full time) the construction of the project name and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996,as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable;and other supporting materials. North Carolina Professional.Engineer's Seal w/signature &date: --.�__.....•.. ....•,..—""" I � ❑Final I I Partial (include description) • i I Certification Comments/Qualifiers(attach if necessary): State of North Carolina[Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office!610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115 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. STATE OF NORTH CAROLINA COUNTY OF Select Permit No. WQ0039163 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 3 day of November 2022 ,by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Central Point Townhome Owners Association , 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: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as Central Point (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 Chapter 47C 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: 1. 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 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. FORM:HOA 01-20 Page 1 of 2 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 may require 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 by the 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: FOR THE ENVIRONMENTAL Central Point Townhome Owners Association MANAGEMENT COMMISSION Name of ASSOCIATION Docu Signed by. Oka& Will' 5FE 7E4E08AEA49C... Bv: S. Daniel Smith,Director (Sign re) Division of Water Resources Brooke Thorne - Ord \IrQS ni iz/zt/zozz Print Name and Ti 3 l2 o2-Z- (Date) (Date) FORM:HOA 01-20 Page 2 of 2