HomeMy WebLinkAboutWQ0030883_Change of Ownership Approval_20180410 ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Water Resources tnlei,m Dneclor
ENVIRONMENTAL QUALITY
April 10, 2018
Mr. Michael Myers
Old North State Water Company, LLC
4700 Homewood Court,Suite 108
Raleigh, North Carolina 27609
Subject Change of Ownership Approval
Permit No.WQ0030883, Majestic Oaks Subdivision Collection System
Permit No.WQ0036244, Majestic Oaks Section 4 Sewer Extension
Pender County -
Dear Mr. Myers:
Division personnel have reviewed and approved your permit modification requests for Permit No.
WQ0030883 and WQ0036244. This modification is to change ownership from Hampstead Land Group,
LLC to Old North State Water Company, LLC, and Old North State Water Company, LLC 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.
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
an individual permit is not required,the performance criteria as required by 15A NCAC 02T 0403 shall be
met If you have any other questions regarding this matter please contact Christyn Fertenbaugh, at
(919) 807-6312 [email:christyn.fertenbaugh@ncdenr gov].
Si. erely,
A-4-9L—___
•
for Linda Culpepper, Interim Director
Division of Water Resources, NCDEQ
enclosures: WQ0030883,WQ0036244, 15A NCAC 02T 0403 (if required)
cc. Donna Cote, Hampstead Land Group, LLC(dcote@cotterracapital.com)
Wilmington Regional Office,Water Quality Regional Operations Section(chad.coburnPncdenr.gov)
Central Files—WQ0030883,WQ0036244
PERCS Files(electronic copy)
‹.---"*-Nothing Compares:..--,
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
North Carolina Department of Environment and Natural Resources
Division of Water Quality
fl
p�0, W AT.RQG
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Michael F. Easley, Governor William G. Ross, Jr.,Secretary
Alan W. Klimek, P E., Director
October 27, 2006
Linwood Jones, Vice President
Deuce Investments, Inc.
P.O. Box 595
Selma, NC 27577-0595
Subject: Permit No. WQ0030883
Deuce Investments, Inc.
Majestic Oaks Subdivision Collection System
Wastewater Collection System Extension
Pender County
Dear Mr Jones
In accordance with your application received October 6, 2006, we are forwarding
herewith Permit No WQ0030883, dated October 27, 2006, to Deuce Investments, Inc. for the
construction and operation of the subject wastewater collection system extension. This permit
(Thshall 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. This permit shall not be
transferable per Condition 4.
By copy of this permit, the Pender County Building Inspections Department is hereby notified
that building or occupancy permits shall only be issued for the 113 residences as part of the
Majestic Oaks Subdivision project until a modified permit is issued by the Division indicating
additional connections. In addition, no certificates of occupancy are to be granted prior to
' the submittal of a sealed engineer's certification per Condition 6 and Condition 15 of this
permit.
Please pay particular attention to Condition 15 requiring that the wastewater treatment
& disposal facility be constructed, receive a start-up inspection, and the engineering
certification has been submitted to the Division prior to certification and operation of the sewer
system permitted herein.
Please note the following standard conditions that are contained in this permit.
Condition 3 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina
Phone. 910-796-7215/FAX. 910-350-2004 77atura/IjiInternet. www ncwaterauality ora
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50%Recycled/10%Post Consumer Paper
- Deuce Investments, Inc.
WQ0030883
Page 2
n
Condition 6: Requires that the system be certified upon completion of construction
and prior to being placed into operation. Please note that if an
Operational Agreement accompanies this permit, then a copy of the
Articles of Incorporation, Declarations, and Bylaws that have been
appropriately filed shall be submitted with the engineer's certification prior
to operation.
Condition 9: Regarding the installation of gravity sewer at 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
Condition 12* Regarding Division notification should the system fail to operate including
the loss of wastewater from the collection system. In addition, note Permit
Condition 13 regarding the posting of pump stations with emergency
contact information
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 Quality's (Division) Gravity Sewer
r� 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 the North Carolina-licensed Professional Engineer
named in the application It shall be the Permittee's responsibility 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.
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 Deuce Investments, Inc. for the construction and operation of
approximately 9,610 linear feet of 8-inch gravity sewer; a 140-gallon per minute pump station
(#1), a 78-gallon per minute pump station (#2), a 85-gallon per minute pump station (#3),
and a 75-gallon per minute pump station (#4) all equipped with duplex pumps, on-site
audible and visual high water alarms, telemetry, and on-site generators with automatic
transfer switches, as well as approximately 5,705 linear feet of 3-inch force main to serve 79
four-bedroom and 34 three-bedroom residences as part of the Majestic Oaks Subdivision
project, and the discharge of 50,160 gallons per day of collected domestic wastewater into
Deuce Investments, Inc.'s existing sewerage system, pursuant to the application received
October 6, 2006 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
Deuce Investments, Inc.
WQ0030883
Page 3
J
The sewage and wastewater collected by this system shall be treated in the Majestic
Oaks Wastewater Treatment Facility (Permit No. WQ0030883) prior to being land applied by
spray irrigation
The Operational Agreement between Deuce Investments, Inc 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
appropriately filed shall be submitted with the engineer's certification prior to operation.
A stormwater management plan shall be submitted to and approved by the
Wilmington Regional Office in accordance with 15A NCAC 2H .1000.
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
nn 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
Since - ,6��
- for Alan W. Klimek, P.E.
Attachment: Operational Agreement
Cc: Joseph Hill, Joseph Hill & Associates
Ren Holt, Pender County Building Inspections Department
WIRO, Surface Water Protection -- Majestic Oaks (WQ0030088) Sewer Ext File
Central Files, Surface Water Protection Section
Pretreatment, Emergency Response and Collection Systems Unit Files
i
(----)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the following specified conditions and limitations.
1 . 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 of
Water Quality's (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 unless specifically mentioned herein.
2 This permit shall be effective only with respect to the nature and volume of wastes
described in the application and other supporting data
3 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 any contravention of the groundwater
standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
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
shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system (i.e. remote alarm
system) shall be inspected by the Permittee or its representative 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 by the Permittee or its representative at
least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted by the Permittee
i or its representative 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 Plan shall be implemented as follows:
1 For publicly owned collection systems, the Program shall include at least bi-annual
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 Program 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 or private satellite sewer systems
2 For privately owned collection systems, the Program shall include at least bi-annual
distribution of educational materials to all 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 or 2 of
this sub-paragraph if necessary to prevent grease-related sanitary sewer overflows.
Right-of-ways and easements shall be maintained in the full easement width for
personnel and equipment accessibility.
j. Documentation shall be kept on file for Sections (a.) through (i ) of this rule for a
minimum of three (3) years with the exception of the map, which shall be maintained
for the life of the system.
4. 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
5. 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.
6. Per 15A NCAC 2T .01 16, 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 (as-built or recording drawings
and pump station designs, if applicable) 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. If the permit is issued to a private entity with an
Operational Agreement, then a copy of the Articles of Incorporation, Declarations, and
Bylaws that have been appropriately filed shall be submitted with the certification.
7. A copy of the construction record drawings and pump station designs, if applicable, shall
be maintained on file by the Permittee for the life of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;
the Division's Gravity Sewer Design Critena 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.
9. 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.
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 23 .0200 and 15A NCAC 2H
.0500.
12. Noncompliance Notification:
The Permittee shall verbally report to a Division of Water Quality staff member at the
n 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible, but 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 Part I of Form CS-SSO (or the most current Division approved form),
within five days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed 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.
13 Each pump station including simplex stations shall be clearly and conspicuously posted
with the telephone number and name of the owner/operator of the sewer system and
instructions to call the number in the event of alarm activation.
14 The Permittee shall provide for the pump station and force main the following items.
a Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in
the pump station,
b An air relief valve located at all high points along the force main,
c A screened vent for the wetwell,
d Fillets located in the wetwell at the intersection of the flooring and sidewalls,
e. Three feet of cover (minimum) over the force main or the use of ferrous material where
three feet cannot be maintained,
f. Sufficient devices which will protect the pump station from vandals, and
g Flood protection if the pump station is located below the 100-year flood elevation
15. No wastewater flow shall be made tributary to the subject sanitary sewer system until the
wastewater treatment facility (permit number WQ0030088) is constructed, operational,
and the Division of Water Quality has received the engineer's certification.
Permit issued this day: October 27, 2006
NORTH CAROLINf�- VIRONMENTAL MANAGEMENT COMMISSION
n 7(
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0030088
Fast Track Engineering Certification
PERMIT NO W00030088
Majestic Oaks Subdivision Collection System
nOctober 27, 2006
Pender County
CERTIFICATION 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 Consequently, the PERMITTEE
should submit this certification in a manner that documents proof-of-receipt by the Division
Complete and submit this unmodified form to the permit issuing regional office with the following
• One originally sealed/signed set of the project record drawings (plan & profile views of sewer lines &force
mains) of the wastewater collection system extension Record drawings are defined as the design drawings
that are marked up or annotated with after construction information and show required buffers, separation
distances, material changes, and other utilities including water lines, stormwater systems, etc
• One originally sealed/signed set of the supporting pump station design calculations (selected pumps, system
curve, operating point, buoyancy calculations, available storage if portable generator(s)or storage greater
than longest past three year outage reliability option selected)for any pump stations permitted under this
permit
• 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 this 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 total pipe length increase of 10% or greater, increased flow, or 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
1 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
ENGINEER'S CERTIFICATION
❑ Final ❑ Partial
Comments:
I, , as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (0 periodically, ['weekly, ❑full time)the construction of the project name and location
as referenced above for the 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 2T, the Division of Water Quality's (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
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
REGIONAL SUPERVISOR
SURFACE WATER PROTECTION SECTION
DIVISION OF WATER QUALITY
WILMINGTON REGIONAL OFFICE
r� 127 CARDINAL DRIVE EXTENSION
WILMINGTON, NC 28405-3845
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. 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
STATE OF NORTH CAROLINA
COUNTY OF Pe Gz.;� Permit No. 0 Q 3 Q S 3
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl)and entered into this day of
G'C , L�.6i) ,by and between the North Carolina Environmental Management
Commission,an agency of the State of North Carolma,hereinafter known as the COMMISSION; and
/d,)�.r,ee) >L5 14 , a corporation/general partnership registered/licensed to do
business in the State of North Carolina,hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in County,upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as /'/lA g n c. 6-1/1:5" Jia bd1 v, ici/' (hereinafter the Development).
2. The DEVELOPER desires,to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System)to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct,maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through 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 formed or will cause to be formedf�� at the time of filing of the
Declaration, the(Enter Proposed Unit Owners' Association) /' 77 577e, 6',41-S/4W, (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others,of handling the property,affairs and business of
the Development; of operating,maintaining,re-constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation,maintenance,re-construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed,maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2 The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans,and the staff of
the Division of Water Quality 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.
.
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
r) treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair,maintain or construct the Disposal System,beyond the routine operation and maintenance
expenses,the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System,the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments,and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town,village,county,water and sewer authorities,or other unit of government shall hereinafter become
available to serve the Development,the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system,and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health,safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance,repair and operation of its Disposal System,the DEVELOPER shall
provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without
nfirst having transferred its said system and facilities to some person,corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1,2, 3,4, 5,6, 7,and 8 above shall be conditions of any
permit issued by the COMIVIISSION to the DEVELOPER for the construction,maintenance,repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies)where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF,this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL V E.V c E ZN V ESTM EATS 1 Zis1C
MANA MENT COMMISSION Name of DEVELOPER
`/ . '7
/ 2-t -,/ .�.E� By.
04
1 n Alan . limek,P.E.,Director (Signatur
4'� Division of Water Quality
I AtwDop .TbNEs t/. p•
Print Name and Title
/0/2-Lif A>)6 /o - od,-o 6
(Date) (Date)
•
Air • A,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, Ill
Secretary
Director
Governor xY
tECEIV'E •
February 1,2013 FEB 2 7 2013
Ms.Donna Cote,Managing Member N'
Hampstead Land Group, LLC
1712 Eastwood Road, Suite 203
Wilmington,North Carolina 28403
SUBJECT: Permit No. WQ0036244
Hampstead Land Group, LLC
Majestic Oaks Section 4 Sewer Extension
Pender County
Dear Ms. Cote:
In accordance with your permit application received November 13, 2012, and additional
information received by the Division of Water Quality (Division), we are forwarding herewith
Permit No. WQ0036244 dated February 1, 2013, to Hampstead Land Group, LLC for the
construction and operation of the subject wastewater collection system.
This Permit shall be effective from the date of issuance until rescinded, and shall be subject
to the conditions and limitations as specified therein.
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.
Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted facility
has been installed in accordance with the approved plans and specifications. Mail the
Certification to the Infrastructure Finance Section, 1633 Mail Service Center, Raleigh, North
Carolina 27699-1633. (Engineer's Certification Form is attached.)
One set of approved plans and specifications is being forwarded to you.
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One
Location.512 N.Salisbury St Raleigh,North Carolina 27604
Phone 919-807-63001 FAX 919-807-6492 I�ToCarolina�ii�ryry Naturally
Internet www ncwateroualitv.orq
An Equal Opportunity 1 Affirmative Action Employer
Ms. Donna Cote
February 1, 2013
Page 2
If you need additional information concerning this matter,please contact Adrian Eaton
State Review Engineer, at(919) 707-9178 or Seth Robertson, P.E. at(919) 707-9175.
Sincerely,
'61 4t/41
d4Charles Wakild, P.E.
ae/sr
cc• Mr. Tim Clinkscales,P.E., Paramounte Engineering, Inc., 5911 Oleander Drive, Suite 201,
Wilmington,North Carolina 28403
Pender County Health Department
DWQ Wilmington Regional Office,Aquifer Protection Section(WQ0030088)
DWQ Wilmington Regional Office, Surface Water Protection Section
Permit Application File WQ0036244
L
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION 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
HAMPSTEAD LAND GROUP LLC
Pender County
FOR THE
construction and operation of a low pressure sewer system extension consisting of
approximately 660 linear feet of 3-inch pressure sewer and 13 simplex pump stations with on-
site audible and visual alarms to serve 13 3-bedroom single family residential units as a part of
the Majestic Oaks Subdivision sewer extension, and the discharge of 4,680 GPD of collected
wastewater into the Majestic Oaks WWTF (WQ0030088) sewerage system pursuant to the
application received on November 13, 2012, and subsequent additional information received by
the Division, 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.
This permit shall be effective from the date of issuance until rescinded, and shall be
subject to the following specified conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit,the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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
.0400. If an individual permit is not required,the following performance criteria shall be met
as provided in 15A NCAC 2T .0400:
(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.
Hampstead Land Group, LLC
February 1, 2013
Permit No. WQ0036244
Page 2
(b) A map of the sewer system shall be developed and actively maintained.
(c) An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule, spare parts inventory and overflow response shall
be developed and implemented.
(d) Pump stations that are not connected to a telemetry system (i.e.,remote alarm system)
shall be inspected by the permittee or its representative 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 sewers shall be inspected by the permittee or its representative at least
once every six-months and inspections are documented.
(f) A general observation by the permittee or its representative 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 02B .0506(a), and public notice shall be provided as
required by G.S. 143-215.1C.
(h) A Grease Control Program shall be established as follows:
(i) For publicly owned collection systems, the Grease Control Program shall
include at least bi-annual 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.
(ii) 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.
(iii) Grease education materials shall be distributed more often than required in
Parts (i) and (ii) 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.
(j) Documentation shall be kept for Subparagraphs (a) through (i) for a minimum of
three years with exception of the map, which shall be maintained for the life of the
system.
4. The sewage and wastewater collected by this system shall be treated in the Majestic Oaks
WWTF (WQ0030088) sewerage system prior to being discharged into receiving stream.
5. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division accompanied by an application fee, documentation from the parties
involved, and other supporting materials as may be appropriate. The approval of this request
will be considered on its merits and may or may not be approved.
Hampstead Land Group, LLC
February 1, 2013
Permit No. WQ0036244
Page 3
6. Construction of the sewers, pump station(s) and force main 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. A copy of the approved plans and specifications shall be maintained on file by the Permittee
for the life of the wastewater collection facilities.
8. Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting materials. If this project 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. Mail the Certification to the Infrastructure Finance
Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. (Engineer's
Certification Form is attached.)
9. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division, in accordance with North Carolina
General Statute 143-215.6A to 143-215.6C.
10. The issuance of this permit does not exempt the Permittee from complying with any and all
statutes, rules,regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal)having jurisdiction, including but not limited to applicable river
buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in
15A NCAC Chapter 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.
11. The Permittee shall provide for the pump station and force main the following items:
(a) Pump Station Reliability:
(i) 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.
(ii) 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.
(iii) As an alternative to Part (ii) 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
Hampstead Land Group,LLC
February 1, 2013
Permit No. WQ0036244
Page 4
power source or pump, including travel timeframes, shall be provided in the
case of a multiple station power outage.
(iv) As an alternative to Part (ii) 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.
(v) 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.
(vi) High water audio and visual alarm.
(b) 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.
(c) Screened vents for all wet wells.
(d) The public shall be restricted access to the site and equipment.
(e) Air relief valves shall be provided at all high points along force mains where the
vertical distance exceeds ten feet.
12. 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 that may be
required by this Division, such as the construction of additional or replacement wastewater
collection facilities.
13. The facilities shall be constructed in accordance with the requirements of the North Carolina
Sedimentation Pollution Control Act.
14. If applicable, the Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and is made a condition of this
Permit. Noncompliance with the terms of the Operational Agreement may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statute 143-215.6A to 143-215.6C. A copy of the Articles of Incorporation,
Declarations, and Bylaws that have been properly filed shall be submitted with the engineer's
certification prior to operation.
15. Any abandoning of the existing facilities must be done in accordance with the requirements
of the Division's Wilmington Regional Office.
Hampstead Land Group, LLC
February 1, 2013
Permit No. WQ0036244
Page 5
16.Noncompliance Notification:
The Permittee shall verbally report to a water quality 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 render the facility
incapable of adequate wastewater transport such as mechanical or electrical failures
of pumps,line blockage or breakage, etc.
(b) Any failure of a pumping station or sewer line resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station
or facility.
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 Part I of Form CS-SSO (or the most current Division approved form),
within five days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to ensure that the problem does not recur. Per Condition I(2), 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.
17. The Permittee shall maintain on hand for immediate installation an adequate supply of spare,
fully operational pump units of each type used in the pressure sewer system.
Permit issued this the 1st Day of February 2013
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
C_A ' AP ae;A.411AHAIP
harles W. ld,P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. WQ0036244
Hampstead Land Group, LLC
Permit No. WQ0036244
Majestic Oaks Section 4 Sewer Extension
Issued February 1,2013
ENGINEER'S CERTIFICATION
I, , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the Majestic Oaks Section 4 Sewer Extension, located in Pender County, hereby
state that to the best of my abilities, due care and diligence was used in the observation of the
following construction:
a low pressure sewer system extension consisting of approximately 660 linear feet of 3-inch
pressure sewer and 13 simplex pump stations with on-site audible and visual alarms to serve 13
3-bedroom single family residential units as a part of the Majestic Oaks Subdivision sewer
extension, and in conformity with the project plans, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources.
I certify that the construction of the above referenced project was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Signature Registration No.
Date
r
Mail this Certification to: Attn:Adrian Eaton /
DENR/DWQ /
Infrastructure Finance Section SEAL
1633 Mail Service Center
Raleigh,North Carolina 27699-1633.
Note: If the wastewater collection permit was issued to a private entity under an Operational
Agreement with the Environmental Management Commission,then a copy of the Articles
of Incorporation, Declarations, and Bylaws that have been properly filed with the
applicable County's Register of Deeds shall be submitted with this certification.
I
STATE OF NORT-I CAROLINA J ��
COUNTY OF I (6'4ntT Permit No.
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 21 h day of
December 2012. by and between the North Carolina Environmental Management Commission,an agency of the
State of North Carolina, hereinafter known as the COMMISSION; and the Hampstead Land Group, LLC., a
corporation/general partnership registered/licensed to do business in the State of North Carolina,hereinafter
known as the DEVELOPER.
WITNESSETI-I:
1. The DEVELOPER is the owner of the certain lands lying in Pender County,upon which it is erecting and
will erect dwelling units and other improvements, said development to be known as Majestic Oaks
Subdivision(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-
21.5.1 to construct, maintain,and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through 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 formed or will cause to be formed at the time of filing of the
Declaration,the Majestic Oaks Homeowners Association (hereinafter Association), a non-profit
corporation organized and existing under and_by the virtue of the laws of the State of North Carolina,for
the purpose, among others,of handling the property, affairs and business of the Development; of
operating, maintaining,re-constructing and repairing the common elements of-the lands and improvements
subject to unit ownership, including the Disposal System; and of collecting dues and assessments to
provide funds for such operation, maintenance,re-construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed,maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW,THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto.the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1 The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. 'l'he 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 Quality 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.
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 consti uction,operation_ repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment. collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal. State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses. the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair.and maintenance of the Disposal System,the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town,village,county, water and sewer authorities. or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system,and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance,repair and operation of its Disposal System,the DEVELOPER shall
provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said system and facilities to some person.corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1. 2, 3. 4, 5, 6, 7,and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction,maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies)where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each f t e parties named below:
FOR THE ENVIRONMENTAL �► PA))
MANAGEMENT COMMISSION ame of DEVELOPER U
Charles Wakil , P.E.,Director (Si;riature)
Division of Water Quality
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