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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 r 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 C Print Name and Title ZNZo/3 \-2_\2_\\C? (Date) (Date)