WQ0010329_Regional Office Historical File Pre 2018

tate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
arch 20, 1995
Mr, Luther McPherson, Director of Planning
Union County
Post Office Box 1398
Monroe, North Carolina 28111
Subject: Permit No. WQ0010329
Union Development Group
Shannamara Subdivision
Sewer Extension
Union County
Dear Mr. McPherson:
Please be advised that the Division of Environmental Management has issued a permit (copy
enclosed) for the construction and operation of a wastewater collection system to the Union Development
Group for service to the Shannamara Subdivision. In accordance with the permit, issued March 17, 1995,.
the Division authorized Union Development Group to construct the gravity sewer system and allow flow
from no more than 25 lots in the subdivision. The 25 lots which were approved are shown on sheet IA of
the plans which were approved as part of the permit (copy of sheet IA enclosed).
The Division hereby requests that no certificate of occupancy perrnits, building permits, or
planning approvals be issued for the Shannamara Subdivision in excess of the 25 lots approved in the
subject permit. Any other connections is considered a violation of this permit and is enforcable by the
Environmental Management Commission.
If you need additional information concerning this matter, please contact Buzz Crosby at (919)
733-5083, extension 527.
Sincere
Vic'
A. Presto 11 oward, r., P.E.
Mr. G. T, Chen, Mooresville Regional Office, Water Quality Section
Mr. Bob Davis, R. D. Davis Consulting Engineers
Central Files, Project File WQ€1010329
P.0, Box 2953 a, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX 91' 9-733-2496
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to of North Carolina
epartment of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 17, 1995
Greg Williams
Union Development Group
1801 Tower Industrial Drive
Monroe, North Carolina 28110.
AA
1:2)EHNR
Subject: Permit No. WQ0010329
Union Development Group
Shannamara Subdivision
Sewer Extension
Union County
Dear Mr. Williams:
In accordance with your application received November 23, 1994, we are forwarding herewith Permit No.
WQ0010329, dated March 17, 1995, to the Union Development Group for the construction and operation of the
subject wastewater collection extension. Please be advised of permit condition number 15 which states "By
copy of this permit to the Union County Building Inspections Department, please be advised,
this permit authorizes flow to serve only 25 lots in the Shannamara Subdivision. These 25
lots are indicated on the approved plan sheet SW-1A as lots 13, 14, 57, 62, 76, 84, 109, 121,
123, 138, 181, 198, 200, 221, 244, 269, 307, 316, 354, 360, 392, 408, 412, 448, 450 and
on sheet SW-1 as lots 1 through 25. Any increase in flow beyond the quantity permitted
herein (9,000 GPD) will require prior approval from the Division of Environmental
Management in the form of an approved permit amendment." Any other connection is a violation of
this permit and is enforcable by the Environmental Management Commission.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This
request must be in the form of. a writtenpetition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and binding. •�
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Buzz Crosby at [phone], extension 527.
Sincerely, 1 n 4. Fr,q
GAS -
A. Presto Howard, Jr., P.E.
cc: Mr. Lorey White, Director, Union County Health Services
Mr. Fred Maier, Director, Union County Zoning and Inspections Department
Mr. Luther McPherson, Director, Union County Planning
Mr. G. T. Chen, Mooresville Regional Office, Water Quality Section
Mr. Bob Davis, R. D. Davis Consulting Engineers
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION PERMIT
'.- In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Union Development Group
Union County
FOR THE
construction and operation of approximately 25,916 linear feet of 8 inch gravity sewer to serve lots 13, 14, 57,
62, 76, 84, 109, 121, 123, 138, 181, 198, 200, 221, 244, 269, 307, 316, 354, 360, 392, 408, 412, 448, 450
(as shown on sheet SW-1A of the approved plans) in the Shannamara Subdivision, and the discharge of 9,000
GPD of collected domestic wastewater into Fairview Developer's existing sewerage system, pursuant to the
application received November 23, 1994, and in conformity with the project plan, specifications, and other
supporting data subsequently filed and approved by the Department of Environment, Health and Natural
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specified conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the application
and other supporting data.
3. " The facilities must be properly maintained and operated at all times. •
_
4. The sewage and wastewater collected by this system shall be treated in the Fairview Developer's
Wastewater Treatment Facility prior to being discharged into the receiving stream.
5 . 'This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division of
Environmental Management accompanied by an application fee, documentation from the parties involved,
and other supporting materials as may be appropriate. The approval of this request will be considered on
its merits and may or may not be approved.
6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt
service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface
waters of the State.
1

r7. Upon completion of construction and prior to operation of this permitted facility, a certification must be
received from a professional engineer certifying that the permitted facility has been installed in accordance
with this permit, the approved plans and specifications, and other supporting materials. Mail the
Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-
0535.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of five years from the date of the completion of construction.
9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division of Environmental Management, in accordance with North Carolina
General Statute 143-215.6(a) to 143-215.6(c).
10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and
federal) which have jurisdiction.
11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement wastewater collection facilities.
12. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number 704/663-
1699, 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 15
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.
I3. This permit shall become voidable unless the agreement between Fairview Developers and the Union
Development Group for the collection and final treatment of wastewater is in full force and effect.
14. The Operational Agreement between the Permittee and the Environmental Management Commission is
incorporated herein by reference and is 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
Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in accordance with the terms and
conditions of this Permit.
15. By copy of this permit to the Union County Building Inspections Department, please be advised, this
permit authorizes flow to serve only 25 lots in the Shannamara Subdivision. These 25 lots are indicated
on the approved plan sheet SW-1A as lots 13, 14, 57, 62, 76, 84, 109, 121, 123, 138, 181, 198, 200,
221, 244, 269, 307, 316, 354, 360, 392, 408, 412, 448, 450 and on sheet SW-1 as lots 1 through 25.
Any increase in flow beyond the quantity permitted herein (9,000 GPD) will require prior approval from
the Division of Environmental Management in the form of an approved permit amendment.
2

Permit issued this the 17th day of March, 1995
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
(icz,LGL c,C)„. QO_�(
A. Prestor.kioward, Jr., P.E. Director
Division o: Environmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0010329

o. WQ0010329
7, 1995
ENGINEER'S CERTIFICATION
I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the
project, for the
Project Name Location
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 and intent of this
permit, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
-r
o
4

MON 03:45 RD DAVIS ENGINEERS 1.704 544 2223
mmommmwo
P.01
ES-20-1995 15:13 FROM tEM WATER QUALITY SECTION TO
•
STATE OF NORTH CAROLINA
COUNTY OF Union
87045449976 P.02/03
Permit No. ( t rrn l \ . j
OPEgATJONAL AGREFmEIT
This AGREEMENT made pursuant to O.S. 143-215.1 (d1) and entered into this
20th
day of
1'eeruary , 19 95 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
11 ion_Deve1orxnent Group z ' Inc . , 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 Union County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known as
Shannamara _ (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 Q.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.
S . The DEVELOPER has caused to be formed or will call a to be formed at the time of fling of the Declaration,
the (dnrit_Owners Association) Shannamara Homeowners Association u�_ , (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 handltng 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, inclntding 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 itt accordance with law and permit provisions in order to protect die quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows;
l . 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 facihties 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 Environmental Management 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.

illorc2-r1995 15:i4 FROM DEM WATER QUALITY SECTION TO 87045449976 P.03/03
appurtenances thereto are part f elements and shall thereafter be properly maintained and
maintenance to facilities. �
repair, and
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal system and
0 the Common
operated in coaforniity with law and the provisions of the permit for construction, operation,
ofthe system andac ties. 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 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 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, 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 of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originate 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
MANAGEMENT COMMISSION
00.
A. Preston
Division of
(Date)
Union .peve lopinent Group , Inc .
Name of Developer/Company
•
Gregory F. Williams, President
Print Name and Title
2
2/20J95
(Date)