WQ0040043_Owner (Name Change)_20210204 (2)

DocuSign Envelope ID:CB862B12-833F-46C4-8E90-BF1B34A7DB94 �Y
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ROY COOPER 4
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Governor v
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MICHAEL S.REGAN 7..�:.x ;
Secretary s�wwd'�
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 4, 2021
Mr.Andy Lucas, President
Parkwood Homes Community Homeowners Association
705 Griffith Street,Suite 204
Charlotte, NC 28036
Subject: Change of Ownership Approval
Permit No.WQ0040043
Parkwood Square HOA
Mecklenburg County
Dear Mr. Lucas:
Divisionpersonnel have reviewed and approvedyourpermit modification request Permit N .
pp q o
WQ0040043. This modification is to change ownership from the Optimist Park Partners,LLC to the
Parkwood Square Community Homeowners Association, and Parkwood Square Community
Homeowners Association 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.This cover letter shall be considered a part of this permit and is therefore incorporated therein
by reference.
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 Michael Montebello at (919)707-
3624 or [e-mail].
Sincerely,
----AD'o'c'u,Siigne'd bdy1:A w1A 'w.''A
IVNIitkt , ,YWUN to
C464531431644FE.
for S. Daniel Smith,Director
Division of Water Resources,NCDEQ
enclosures: Permit No.WQ0040043
.0403 Supplement
Operational Agreement
Declaration and Bylaws
HOA Articles and Incorporation
cc: Andy Lucas, Manager,Optimist Park Partners{[e-mail]}
Mooresville Regional Office, Water Quality Regional Operations Section
Municipal Files (electronic copy)
Q 4 North Carolina Department of Environmental Quality I Division of Water Resources
/ !�D E 5I2 North Salisbury Street 11617 Mail Service Center ' Raleigh.North Carolina 27699 1617
ade" 919.707.9000

DocuSign Envelope ID:CB862B12-833F-46C4-8E90-BF1B34A7DB94
15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division approved average daily flow less than
200,000 gallons per day are deemed permitted pursuant to Rule.0113 of this Subchapter provided
the system meets the criteria in Rule.0113 of this Subchapter and all specific criteria required in this
Rule:
(1) The sewer system is 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.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule,spare parts inventory and overflow response has been
developed and implemented.
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system)are
inspected by the permittee or its representative every day(i.e.,365 days per year). Pump
stations that are connected to a telemetry system are inspected at least once per week.
(5) High-priority sewers are inspected by the permittee or its representative at least once every
six-months and inspections are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is
conducted at least once per year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in
accordance with 15A NCAC 02B.0506(a),and public notice is provided as required by G.S.
143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly 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 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.
(B) For privately owned collection systems,the Grease Control Program shall include at
least biannual distribution of grease education materials to users of the collection
system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts
(A)and(B)of this Subparagraph if necessary to prevent grease-related sanitary
sewer overflows.
(9) Right-of-ways and easements are maintained in the full easement width for personnel and
equipment accessibility.
(10)Documentation shall be kept for Subparagraphs(a)(1)through (a)(9)of this Rule for a
minimum of three years with exception of the map,which shall be maintained for the life of
the system.
(b) Private collection systems on a single property serving an industrial facility where the domestic
wastewater contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system should not be deemed to be permitted in
accordance with this Rule and Rule .0113 of this Subchapter.This determination shall be made in
accordance with Rule .0113(e)of this Subchapter.
History Note:Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff.September 1,2006.

DocuSign Envelope ID:CB862B12-833F-46C4-8E90-BF1B34A7DB94
STATE OF NORTH CAROLINA
COUNTY OF ,11 es l(lwJa Permit No. \Pia a Li 0 0 LI 3
HOME/PROPERTY OWNERS'OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl)and entered into this 16 day of
dv.c w1-1 ')-19 ZO , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina,hereinafter known as the COMMISSION;and
17Q.44443 4d Stvati CAtti#1444:t tArlist4WV .(S Act:Qc.%041 ev.. , a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
1. The ASSOCIATION was formed for the purpose,among others, of handling the property,affairs and
business of the development known as 2�. 1 ,..oa rk �� ,�- - d -`•vtI'c. S'
(hereinafter the Development); of operating, maintainen , 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 Chapter47C
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 03-19 Page 1 of 2

DocuSign Envelope ID:CB862B12-833F-46C4-8E90-BF1B34A7DB94
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
ASSOCIATIONS successor.
& 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.
A of this agreement shall be filed at the Register of Deeds in the County(ies)where the Declaration is
9 copy 8T g ty( )
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 p cAtuiat Scyve►,e, Co 4bostAlcrt tiYtj al^�
MANA 1 'P"E OMMISSION Name of ASSOCIATION
Atot&t idlh for B
0828E2A048384D8... y:
S. Daniel Smith (Si ature)
Director,Division of Water Resources
Print Name and Title
1/28/2021 16 November 2020
(Date) (Date)
FORM: HOA 03-19 Page 2 of 2