HomeMy WebLinkAboutWQ0038997_Issuance of Permit_20190228 STArf
ROY COOPER 411,?''
Governor j
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MICHAEL S.REGAN
�?=Secretary � "' ..f
LINDA CULPEPPER • ','a •
a.,,�+�`' •
Director """
NORTH CAROLINA
Environmental Quality
February 28,2019
Thomas G. Daniel III, Manager
The Springs at Westport Club Homeowners Association, Inc.
P.O. Box 9007
Greensboro,NC 27429
Subject: Change of Ownership Approval
Permit No.WQ0038997
The Springs at Westport Club—Phase III
Lincoln County
Dear Mr.Daniel:
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0038997. This modification is to change ownership from The Springs at Westport Club, LLC to The
Springs at Westport Club Homeowners Association, Inc., and The Springs at Westport Club Homeowners
Association, Inc. 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
you have any other questions regarding this matter, please contact Monti Hassan at (919) 707-3626 or
via email at monti.hassan@ncdenr.gov.
Sincerely,
DocuSIgned by:
14078A02DAAB4138
for Linda Culpepper, Director
Division of Water Resources, NCDEQ
enclosures: Permit WQ0038997
Operational Agreement
cc: WethirrgtarrRegio al Office,Water Quality Regional Operations Section (email)
Laserfiche Central Files
PERCS Files (electronic copy)
DEQ)
AWN
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
ROY COOPER
:. Governor
MICHAEL S.REGAN
Secrekn y
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Director
August 3,2017
Thompson G. Daniel III,Member/Manager
The Springs at Westport Club, LLC
PO Box 9007
Greensboro,NC 27429
Subject: Permit No.WQ0038997
The Springs at Westport Club, LLC
The Springs at Westport Club—Phase III
Wastewater Collection System Extension Permit
Lincoln County
Dear Mr. Daniel:
In accordance with your application received January 23, 2017 and additional information received on
June 14,2017 we are forwarding herewith Permit No.WQ0038997,dated August 3,2017,to The Springs
at Westport Club, 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 and
supplement shall be considered a part of this permit and are therefore incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 1.1: The Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and shall be a condition
of this permit. Noncompliance with the terms of the Operational Agreement shall —
subject the Permittee to all sanctions provided by North Carolina General Statutes§143-
215.6A to§143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. A copy of the Articles of Incorporation, Declarations, and
Bylaws that have been properly filed shall be submitted with certification prior to
operation.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system
permit issued to the Permittee.
It shall be responsibility of 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.
--""'Nothing Compares"
State of North Carolina I Environmental Quality!Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-807-6300
The Springs at Westport Club, LLC
August 3,2017
Permit No.WQ0038997
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 Christyn Fertenbaugh, P.E., at
(919)807-6312 or via e-mail at christyn.fertenbaugh@ncdenr.gov.
Sincerely,
W...jue„,t_t1 jAt-'‘....L
for S.Jay Zimmerman, P.G. .
Director,Division of Water Resources
by Deborah Gore,Supervisor
Pretreatment, Emergency Response,Collection System Unit
Enclosure:Operational Agreement
cc: Larissa M.Coles, P.E.(electronic copy—Icoles@mcginniscoles.com)
Mooresville Regional Office,Water Quality Section Regional Operations '
Tommy Drum,ORC, Killian Creek WWTP, Lincoln County(electronic copy)
Water Resources Central Files:WQ0038997
PERCS(electronic copy)
- Page 2 of 8
•
N I
Environmental
Quality
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 Springs at Westport Club, LLC
for the construction and operation of approximately 1,720 linear feet of 3-inch,pressure sewer and
approximately 105 linear feet of 2.5-inch pressure sewer;as well as 48 simplex grinder pump stations with
on-site audible and visual high water alarms, to serve 48 single family residential units (all 3-bedroom
homes)as part of the Springs at Westport Club, Phase III project,and the discharge of 11,520 gallons per
day of collected domestic wastewater into Lincoln County's existing sewerage system, pursuant to the
application received January 23, 2017, and additional information received on June 14, 2017 and in
conformity with the project plans, specifications, 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.
for S.Jay Zimmerman, P.G.
Director, Division of Water Resources
By Authority of The Environmental Management Commission
Permit Number: WQ0038997 —
Permit Issued: August 3,2017
Treatment Facility: Killian Creek WWTP(NC0088722)
Page 3 of 8
SUPPLEMENT TO PERMIT COVER SHEET
The Permittee is hereby authorized to:
Construct,and then operate upon certification the aforementioned wastewater collection extension.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable;and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval
is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in
_ the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets
the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS
1. The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the
terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
Carolina General Statutes§143-215.6A to§143-215.6C for violation of or failure to act in accordance
with the terms and conditions of this permit. A copy of the Articles of Incorporation, Declarations,
and Bylaws that have been properly filed shall be submitted with certification prior to operation.
2. Per the submitted downstream sewer capacity analysis,it appears that several pipe velocities are less
than 2 feet per second throughout the pipe network,and are thereby defined as"high-priority sewer"
per 15A NCAC 02T.0402. In accordance with 15A NCAC 02T.0403, high-priority sewers shall be
inspected by the permittee or its representative at least once every six-months and inspections shall
be documented.
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 02T.0110]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T.0110] -
Page 4 of 8
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 2T.0108(b)]
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters,and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e.365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute§143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also -—
include legal means for inspections of the grease interceptors,enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems,the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative. •
3. Grease education materials shall be distributed more often than required in Parts(1)and (2)
of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs(a)through(i)of this Rule for a minimum of three
years with exception of the map,which shall be maintained for the life of the system.
Page 5 of 8
5. 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,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. [15A NCAC 02T.0108(b)]
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 farm. 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 complete certification is one where the form 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. 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.
Page 6 of 8
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length increases of 10%or greater, increased flow,
pump station design capacity design increases of 5%or greater,and increases in the number/type of
connections), regulations,or the Minimum Design Criteria. Requested modifications or variances to
the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit.
Please note that variances to the Minimum Design Criteria should be requested and approved during
the permitting process prior to construction. After-construction requests are discouraged by the
Division and may not be approved, thus requiring replacement or repair prior to certification &
activation. [15A NCAC 02T.0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined,a slope variance can be requested from the Division with firm.supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case-by-case basis.Resolution of such request shall be evident prior to completing and submitting
the construction certification. [15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T.0116]
10. Failure to abide by the conditions and limitations contained in this permit;15A NCAC 2T;the Division's
Gravity Sewer Design Criteria adopted February 12,1996 as applicable;the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials may subject the Permittee to an enforcement action by
the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities,and/or referral of the North
Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T
.0108(b-c)]
11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions,the Permittee shall take immediate corrective action,including those
as may be required by this Division,such as the construction of additional or replacement facilities.
[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 may be imposed by the Division any other Federal,State,or Local
government agencies which have jurisdiction or obtaining other permits which maybe required by the
Division or any other Federal,State,of Local government agencies. [G.S.143-215.1(b)]
13. The Permittee shall provide for the pump station and force main the following items: -
a. Pump Station Reliability[15A NCAC 02T.0305(h)(1)]:
1. Pump stations, except when exempted by Subparagraph (j)(2) of 15A NCAC 02T.0305,
shall be designed with multiple pumps such that peak flow can be pumped with the
largest pump out of service.
Page 7 of 8
2. A standby power source or pump is required at all pump stations except for those pump
stations subject to Subparagraph(j)(2)of 15A NCAC 02T.0305. Controls shall be provided
to automatically activate the standby source and signal an alarm condition.
3. As an alternative to Part(c)for pump stations with an average daily design flow less than
15,000 gallons per day as calculated using 15A NCAC 02T.0114,a portable power source
or pumping capability may be utilized. It shall be demonstrated to the Division that the
portable source is owned or contracted by the permittee and is compatible with the
station. If the portable power source or pump is dedicated to multiple pump stations,an
evaluation of all the pump stations' storage capacities and the rotation schedule of the
portable power source or pump,including travel timeframes,shall be provided in the case
of a multiple station power outage.
4. As an alternative to Part(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.
b. All pump stations designed for two pumps or more shall have a telemetry system to provide
remote notification of a problem condition to include power failure and high water alarm. [15A
NCAC 02T.0305(h)(1)(E)]
c. High water audio and visual alarm. [15A NCAC 02T.0305(h)(1)(F)]
d. Pump stations shall have a permanent weatherproof sign stating the pump station identifier,24-
hour emergency number and instructions to call in case of emergency.Simplex pump or vacuum
stations serving a single-family residence shall have a placard or sticker placed inside the control
panel with a 24-hour emergency contact number. [15A NCAC 02T.0305(h)(2)]
e. Screened vents for all wet wells. [15A NCAC 02T.0305(h)(3)]
f. The public shall be restricted access to the site and equipment. [15A NCAC 02T.0305(h)(4)]
g. Air relief valves shall be provided at all high points along force mains where the vertical distance
exceeds ten feet. [15A NCAC 02T.0305(h)(5)]
•
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Page 8 of 8
STATE OF NORTH CAROLINA 1P--60
COUNTY OF Lincoln Permit No. WQ0038997 444,
HOME/PROPERTY OWNERS'OPERATIONAL AGREEMENT `Ok,f,
This AGREEMENT made pursuant to G.S. 143-215.1 (dl)and entered into this 2gth • day of
November > by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina,hereinafter known as the COMMISSION;and
The Springs at Westport Club Homeowners Association, Inc. , a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter lmown as the
ASSOCIATION.
WITNES SETH:
1. The ASSOCIATION was formed for the purpose,among others,of handling the property,affairs and
business of the development known as The Springs at Westport Club
(hereinafter the Development); of operating, maintaining, re-constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation,maintenance,re-construction and
repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct,maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership(hereinafter Declaration),pursuant to Chapter 47C
or 47F of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW,THEREFORE,in consideration of the promises and the benefits to be derived by each of the parties hereto,
the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the
Disposal System in accordance with the permit and plans and specifications hereafter issued and approved
by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in
accordance with applicable permit provisions and law.
2 The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures bythe Association except for Federal,State,and local taxes and insurance.
FORM: HOA 11-17 Page 1 of 2
3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to '
repair,maintain,or construct the Disposal System beyond the routine operation,and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of
the yearly budget.
4 In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System,the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at anytime.
5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development,the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair,and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION bythe issuance of a permit.
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION'S successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction,maintenance,repair and
operation of the Disposal System.
9 A copy of this agreement shall be filed at the Register of Deeds in the County(ies)where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF,this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL 7'��5/7 //2/GS 47—lr i raj G/Ub'/obi%17tL
M GEMENT COMMISSION Name of ASSOCIATION
_- r
Linda'Culpepper (Signature)/
erirn Director,Division of Water Resources , __..-
I
/ /n95 A! (-r, 0.4/O c/ /'/R/✓4.9
Print Name and Title /
t -D 8 ) D10\1 ,1..ze-ice
(Date)) (Date)
t •
FORM: HOA 11-17 1 Page 2 of 2 '