HomeMy WebLinkAboutWQ0020367_Permit (Issuance)_20011015State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting DirectoT-1 NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 15, 2001
JAMES GREEN, LAND DEVELOPMENT MANAGER
CENTER HOMES
2050 CORPORATE CENTER DRIVE, SUITE 200
MYRTLE BEACH, SC 29577
Subject: Permit No. WQ0020367
Centex Homes
SandpiperBay Golf Plantation Phase 3
-WasteWdter Collection System Extension
Dear Mr. Green: Brunswick County
In accordance with your application received August 15, 2001, and additional information received
September 14, 2001, we are forwarding herewith Permit No. WQ0020367, dated October 15, 2001, to Centex
Homes for the construction and operation 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shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as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 Permit Condition 3 which requires that the wastewater collection
facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-
wide collection system permit issued to the Pe =.*ttee.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2H.0200; the Division of Water Quality's (Division) 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. 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 Centex Homes for
the construction and operation of approximately 3,743 linear feet of 8-inch gravity sewer; a 149-gallon per
minute pump station with duplex pumps, on -site audible and visual high water alarms, telemetry, and portable
generator q
ga quick -connect receptacle; as well as approximately 1,830 linear feet of 4-inch force main to serve 831
three -bedroom residences as part of the Sandpiper Bay Golf Plantation Phase 3 project, and the discharge of
29,880 gallons per day of collected domestic wastewater into the 904 Georgetown Treatment Plant, LLC's
existing sewerage system, pursuant to the application received August 15, 2001 and in conformity with 15A
NCAC 2H.0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
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.
The sewage and wastewater collected by this system shall be treated in the 904 Georgetown Treatment
Plant, LLC's Wastewater Treatment Facility (Permit No. WQ0013398) prior to being land applied by spray
irrigation.
This permit shall become voidable unless the agreement between Centex Homes and 904 Georgetown
Treatment Plant, LLC for the collection and final treatment of wastewater is in full force and effect.
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 Perti-fittee 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 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 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 Kristin E. Miguez at
(919) 733-5083 extension 524.
Sincerely,
Gregory J. Thorpe, Ph.D.
cc: Brunswick County Health Department
Wilmington Regional Office, Water Quality Section (WWTF Permit No. WQ0013398)
Thomas & Hutton Engineering Co.
904 Georgetown Treatment Plant, LLC (800 North Sandpiper Club Dr., SW, Sunset Beach, NC 28468)
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specified conditions and limitations:
This pen -nit shall become voidable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit; 15A NCAC 2H.0200; the Division of Water Quality's (Division) Gravity
Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the DivisioD'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 2H.0227. If an individual permit is not required,
the following performance criteria shall be met as provided in 15A NCAC 2H.0227:
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 213 .0200.
b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively
maintained.
C. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected at least three times per
week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A
NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day.
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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with
15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General
Statute §143-215.1C.
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.
Construction of the gravity sewers, pump station 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of
the construction record drawings, as well as supporting design calculations for any pump stations permitted
as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that
the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; 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 Main adopted June 1, 2000 as applicable-,
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. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each
partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings",
and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; 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.
9. In the event that the wastewater collection facilities fall 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.
10. 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
NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H
.0500.
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 395-
3900, 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.
Persons reporting such occurrences by telephone shall also file a written report in letter 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.
Permit issued this the fifteenth day of October, 2001
r
Gregory Thorpe, Ph.D., Acdngi6lector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. WQ0020367
October 15, 2001
ENGINEER'S CERTIFICATION
Partial Final
1, , 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
•.
Project Name Location and County
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 2H.0200; 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, signature, and date:
The above Engineer's Certification shall be completed and submitted to the address below with one copy of the
"Construction Record Drawings" of the wastewater collection system extension as well as supporting design
calculations for any pump stations permitted as part of this project. This project shall not be considered complete
nor allowed to operate until this Engineer's Certification and all required supporting documentation have been
received by the Division. 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 pen -nit and shall subject
the Permittee to appropriate enforcement actions.
1100321
81'AT- 1F NORTH CAROLINA
COUNTY OF Brunswick Permit No. WAN—) 'Z-D3S d
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d I) and entered into this 26 - day of
!Wy_ _2001 , by and between the North Carolina Environmental Management Commission,
an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Centex Homes a
corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the
DEVELOPER,
1, The DEVELOPER is the owner of the certain lands lying in Brunswick County, upon which it
is erecting and will erect dwelling units and other improvements, said development to be known
as Sandpiper Bay Golf Plantation (P.U,D.) (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 of the North
Carolina General Statutes.
1111 1111 111 WIN III, III � 111111 111111111 qi� III III I Is III I I I I I I 11i I III � I � I 1 111111 1 1
Home Owners' Association I (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, THEREF ORE, 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:
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 Quality has inspected and approved of the facilities. In order to change the name of the permit bolder, the
DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the
Association Bylaws and Declaration.
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 ma tained and- q
in peratedin
conformity with law and the provisions of the permit for construction, operation, repair, and.,maintenance of the
FORM: DEV 10/99 Page I of 2
J
tem 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
11. 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 Centex Homes
MANAGEMENT COMMISSION Name of DEVELOPER
((Si grfar6re}
Division of Water Quality -bl K Hampton Pitts — President
JJ Print Name and Title
(Date) 1
(Date)
FORM: DEV 10/99 Page 2 of 2