HomeMy WebLinkAboutWQ0039012_Approval_20180712Water Resources
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July 12, 2018
Mr. William Gilligan, Managing Member
Upper 90 of Wilmington, LLC
1600 Ebb Drive
Wilmington, North Carolina 28409
Subject: Change of Ownership Approval
Permit No. WQ0039012
Time Townhomes Private Sewer
New Hanover County
Dear Mr. Gilligan:
ROY COOPER
Dover ttor
MICHAEL S. REGAN
Secielcny
LINDA CULPEPPER
h)1. Y1117 i),'PPCIU,�•
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0039012. This modification is to change ownership / name of ownership change from Enright, LLC. to
Upper 90 of Wilmington, LLC., and Upper 90 of Wilmington, 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 143-215.913. If
an individual permit is not required, the performance criteria as required by 15A NCAC 02T.0403 shall be
net. If you have any other questions regarding this matter please contact Christyn Fertenbaugh, at
(919) 807- 6312 [email: christyn.fertenbaugh ncdenr.gov].
Sincerely,
For
Linda Culpepper, Interim Director
Division of Water Resources, NCDEQ
Enclosure: WQ0039012
cc: Mr. Aaron Enright, u90ilm@gmail.com
Dean Hunkele, Wilmington Regional Office, Water Quality Regional Operations Section
Water Resources Central Files — WQ0039012 (Laserfiche)
PERCS Files (electronic copy)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER Permit No. 0 0 2,
DEVELOPER'S OPERATIONAL AGREEMENT
!� This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this Z day of
Z d & , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Unger 90 of Wilmington. LLC , 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 rJewHanover County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as TIME (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 Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes,
S. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the Unit Owners' Association TIME Townhomes (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
Developments 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, inconsideration 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:
I. 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 Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration,
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
T:'(1DAA• null
11 17
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
S. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System wilt
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 casts. 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 tivastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and server 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 mayrequire as condition ofaccepting 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 forst 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 apermit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, S, 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 ofthe Disposal System.
I0. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) r�vhere 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 Upper 90 of Wi in ton, LLC
N�A,NAGEMENT CO MISSION Na ofDEVEL PE
t � �
B � r
Linda Culpepper _ - (Signature)
Interim Director, Division of Water Resources
�_�i_ ��-
(Date)
William Gilli
Print Name and
(Date)
,--
an Mana in Member
February 27, 2017
Aaron Enright, Manager
Enright, LLC
500 Sericea Court
Wilmington, NC 28412
Subject: Permit No. WQ0039012
Enright, LLC
Time Townhomes Private Sewer
Wastewater Collection System Extension
New Hanover County
Dear Nlr. Enright:
In accordance with your application received January 27, 2017 we are forwarding herewith Permit No.
WQ0039012 dated February 27, 2017 to the Enright, LLC (Permittee) for the construction and operation
upon certification of the subject wastewater collection system extension. This permit shall be effective
from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein
by reference.
Please pay particular attention to the fallowing conditions contained within this permit:
Special Conditions:
i
Condition 1.1: This permit shall become voidable unless the agreement between the Enright, LLC and
the CFPUA for the collection and final treatment of wastewater is in full force and effect.
[15A NCAC 02T.0304(h)]
Condition 1.2: This system cannot be cert
ified and no wastewater flow shall be made tributary to the
subject sanitary sewer system until the downstream public sewer (WQ0039009j is
constructed, operational, and the engineer's certification has been received by the
Division. [15A NCAC 02T .0116]
Condition 1.3: The Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and shall be a condition
of this permit. Noncompliance with the terms of the Operational Agreement shall
subject the Permittee to all sanctions provided by North Carolina General Statutes §143-
215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. [15A NCAC 02T.0115]
C:nnif)a
i'ec:. _. r
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910 796 7215\ Internet wvVw.deg.nc.gov
An Equal Opportunity \Affirmative Action Employer -Made
in part by recycled paper
fi;tci..
S.
R -(
A\'
In accordance with your application received January 27, 2017 we are forwarding herewith Permit No.
WQ0039012 dated February 27, 2017 to the Enright, LLC (Permittee) for the construction and operation
upon certification of the subject wastewater collection system extension. This permit shall be effective
from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein
by reference.
Please pay particular attention to the fallowing conditions contained within this permit:
Special Conditions:
i
Condition 1.1: This permit shall become voidable unless the agreement between the Enright, LLC and
the CFPUA for the collection and final treatment of wastewater is in full force and effect.
[15A NCAC 02T.0304(h)]
Condition 1.2: This system cannot be cert
ified and no wastewater flow shall be made tributary to the
subject sanitary sewer system until the downstream public sewer (WQ0039009j is
constructed, operational, and the engineer's certification has been received by the
Division. [15A NCAC 02T .0116]
Condition 1.3: The Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and shall be a condition
of this permit. Noncompliance with the terms of the Operational Agreement shall
subject the Permittee to all sanctions provided by North Carolina General Statutes §143-
215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. [15A NCAC 02T.0115]
C:nnif)a
i'ec:. _. r
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910 796 7215\ Internet wvVw.deg.nc.gov
An Equal Opportunity \Affirmative Action Employer -Made
in part by recycled paper
Since the permit is issued to a private entity with an Operational Agreement, thea a
copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws
that have been appropriately filed with the applicable County's Register of Deeds
office shall be submitted with the certification. [15A NCAC 02T.0116]
Standard Conditions:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee,
It shall be responsibility of the Permittee to ensure that the as -constructed project meets the appropriate
design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina
General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to
the licensing board.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Dean Hunkele at (910) 796-7215
or via e-mail at Dean.Fiunkele@ncdenr.gov.
Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Attachment: Operatio
nal Agreement
Cc: Howard Resnik, Coastal Site Design
Matthew Tribett, CFPUA
WIRO, Water Quality Section —Wilmington Northside WWTP (NC0023965) Sewer Ext. File
Central Files, Water Quality Section
PERCS Unit (via email)
Permit No. WQ0039012
Page 2 of 8
STATE OF NORTH CAROLINA
COUNTY OF
DEVELOPER'S OPERATIONAL AGREEMENT
,i
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of
14c, by and between the North Carolina Environmental Management
an agency of the State of North Carolina, hereinafter known as the
t
COMMISSION; and
a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The BEVELOPER is the owner of the certain lands lying in New Hanover County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as TIME
(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 4 the North Carolina General Statutes.
5
e
r 6.
The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit Owners' 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 fiends for such operation, maintenance, re -constriction and repair.
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 rnutially 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 Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
DEVELOPER's successor.
FORM: DEV 08-13 Page 1 of 2
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a conunon 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 conunon
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
r permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
r
operation of the Disposal System.
r10. 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 du]y authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE I✓W
IRONMENTAL Enright, LLC
M�.NAGE�iT�OMMIS SIGN
S. Jay Zi n .G.
Director, rsion of Water Resources
$� Aaron Enright
Print Name and Title
(Date)
FORM: DEV 08-13
(Date)
Page 2 of 2
in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
ERIRiGfii, LLC
NEW HANOVER COUNTY
for the construction and operation upon certification of approximately 208 linear feet of 8 -inch gravity
sewer to serve 10 two-bedroom residences as part of the Time Townhomes Private Sewer project, and
the discharge of 2,400 gallons per day of collected domestic wastewater into the CFPUA's existing
sewerage system, pursuant to the application received January 27, 2017 and in conformity with 15A NCAC
2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environmental Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
Permit Number: WQ00�9012
Issued Toda��,= February 27, 2017
i'•t��tl�'�
,3 �• James H:'Greo'on, Regional Supervisor
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By Authority of the Director and The Environmental Management Commission
Permit No. WQ0039012 Page 3 of 8
Construct, and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Wilmington Northside Wastewater
Treatment Facility in accordance with Permit Number NC0023965.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting
A Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned
herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed
Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -
constructed project meets the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
SPECIAL CONDITIONS
1. This permit shall become voidable unless the agreement between the Enright, LLC and the CFPUA for
the collection and final treatment of wastewater is in full force and effect [15A NCAC 02T.0304(h)]
2. This system cannot be certified and no wastewaterflow shall be made tributaryto the subjectsanitary
sewer system until the downstream public sewer (WQ0039009) is constructed, operational, and the
engineer's certification has been received by the Division. [15A NCAC 02T .0116]
3. The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the
,terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
,Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance
with the terms and conditions of this permit. [15A NCAC 02T,0115]
II. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 027,0110]
Permit No. WQ0039012 Page 4 of 8
r 3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met: [15A NCAC 02T ,0108(b)]
aI The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High-priority sewer lines shall be inspected at least once per every six -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute §143-215.1C.
h. A Grease Control Program is in place as follows:
I. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors, enforcement for violators and
r the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through
(i) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
Permit No. WQ0039012 Page 5 of 8
5I Noncompliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Wilmington
Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24
hours or on the next working day, following the occurrence or first knowledge of the occurrence of
either- of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any SSO and/or spill over 1,000 gallons; or
c. Any SSO and/or spill regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300.
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved form) within five days following first
knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to
ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State. 115A NCAC 02T.0108(b)j
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form attached to this permit shall be submitted with the required supporting
documents to the address provided on the form. A complete certification is one where the form is
fully executed and the supporting documents are provided as applicable. Any wastewater flow made
tributary to the wastewater collection system extension prior to completion of this Engineer's
Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
A camplete cert
ification is one where the farm is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines & force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are
marked up or annotated with after construction information and show required buffers,
separation distances, material changes, etc.
b. One copy of the supporting pump station design calculations (selected pumps, system curve,
operating point, buoyancy calculations, and available storage if portable generators) or storage
greater than longest past three year outage reliability option selected) for any pump stations
permitted as part of this project.
Permit No. WQ0039012 Page 6 ofs
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length increases of 10% or greater, increased flow,
purnp station design capacity design increases of 5% or greater, and increases in the number/type of
connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to
the Minimurn Design Criteria will be reviewed on a case-by-case basis and each on its own merit,
Please note that variances to the Minimum Design Criteria should be requested and approved during
the permitting process prior to construction. After -construction requests are discouraged by the
Division and may not be approved, thus requiring replacement or repair prior to certification &
activation. [15A NCAC 02T.0116)
8. Gravity sewers installedgreaterthan ten percent belowthe 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.
phis shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [ISA NCAC 02T,01161
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's
Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials may subject the Permittee to an enforcement action by
the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
Carolinadicensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; ISA NCAC 02T
to 0108(b -c)]
r
11.If
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.
[15A NCAC 02T .0110; 15A NCAC 02T ,0108(b)]
12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules regulations, or ordinances that maybe imposed by the Division any other Federal, State, or Local
government agencies which have jurisdiction or obtaining other permits which may be required by
the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.I(b)]
Permit No. WQ0039012 Page 7 of 8
FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE: Enright, LLC
PERMIT #: WQ0039009
PROJECT: Time Townhomes Private Sewer
ISSUE DATE: February 27, 2017
COUNTY: New Hanover
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation.
Consequently, it should be submitted in a manner that documents the Division's receipt. Send the
required documentation to the Wilmington Regional Supervisor, Water Quality Section at the address at
the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. A Final Certification shall be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
PERMITTEES CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Professional Engineer below has provided applicable
design/construction information to the Permittee, and the Permittee is prepared to operate & maintain
the wastewater collection system permitted herein or portions thereof.
Printed Name, Title
Signature
EN6INEER�S CERTIFICATION
Date
I, , as a duly registered Professional En Ineer in the State of North Carolina,
having been authorized to observe (❑ periodically, ❑weekly [] full time} the construction of the
project name and location as referenced above for the above Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the
Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996
as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
Nort
h Carolina Professional Engineer's Seal w/signature &date
❑ Final ❑Partial
Certification Comments/Qualifiers:
NC DWR —Water Quality Regional Operations Section 127 Cardinal Drive Extension Wilmington, NC 28405
Wilmington Regional Office Phone: 910-796-7215 FAX: 910-350-2004