WQ0010329_Regional Office Historical File Pre 2018 (3)

VState
of North CarolinaN.c. DEFT. OF
TIC*
epartment of Environment,ENVIRONMENT, HEALTHealth and Natural Resource%NATURAL RESOURCESivision of Environmental Management • rI
SEP 28 1995 1
B. Hunt, Jr., Governor Alliwilawillik
Jonathan B. Howes, Secretary/Nam 7f ENVIRONMENTAL MANAGINENC) E H N
A. Preston Howard, Jr., P.E., DiredtdIVILLE REGIONAL OFFICE
September 25, 1995
Mr. Greg Williams
Union Development Group
1801 Tower Industrial Drive
Monroe, North Carolina 28110
Subject: Permit No. WQ0010329 Amendment
Union Development Group
Shannamara Subdivision
Sewer Extension
Union County
Dear Mr. Williams:
On September 19, 1995, the Division received a special request to allow flow from the golf course
clubhouse and the clubhouse ancillary building to be tributary to the wastewater treatment facility serving
this development. This flow has been requested to allow to be tributary prior to completion of the
wastewater treatment facilities expansion. The Division understands that you are willing to allow
reallocation of flow from six of the previously approved lots in order to accommodate the flow for the golf
course clubhouse and the clubhouse ancillary building. In accordance with your request, the previously
approved wastewater flow for lots 14, 221, 269, 360, 392, and 450 is hereby retracted and reallocated.
The aforementioned lots shall not be constructed or made tributary until such time as the wastewater
treatment facility is upgraded in accordance with condition number 18. This reallocation to allow
occupancy of the golf course clubhouse and the clubhouse ancillary building is the only modification made
to the permit issued September 18, 1995.
The Division is hereby forwarding herewith Permit No. WQ0010329 dated September 25, 1995,
to Union Development Group for the continued construction and operation of the subject wastewater
collection extension with the above noted modifications to flow.
The initial permit issued March 17, 1995, authorized the wastewater flow for a selected 25 lots
which included lots 14, 221, 269, 360, 392, and 450. This modification retracts the approval for
connection of the above noted lots. The receiving wastewater treatment plant received an authorization to
construct for expansion (ACA072508 issued August 14, 1995) which allows the acceptance of the new
wastewater flow authorized by the September 18, 1995, permit amendment Union Development Group is
cautioned that if construction of the receiving wastewater treatment plant new facilities are not completed,
occupancy permits for any of the new 141 lots and lots 14, 221, 269, 360, 392, and 450 (flow has now
been retracted) may not be issued. This is in accordance with N.C. General Statute 143-215.67
prohibiting anyone from willfully causing or allowing discharge of wastes to a treatment works in excess
of the capacity of the treatment works.
'aleigh, North Carolina 27626-0535
aportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

By copy of this permit, the County Health Department is requested not to issue
any building permits or certificates of occupancy for the 141 new single family three
bedroom lots, and Tots 14, 221, 269, 360, 392, and 450 until such time as the receiving
wastewater treatment facility expansion has been constructed and the engineer's
certification has been received and accepted by the Division of Environmental
Management.
This permit shall be effective from the date of issuance until rescinded, shall hereby void Permit.
Number WQ0010329 issued September 18, 1995,.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 written petition, conforming to Chapter 150E of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.Q. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding,
The one set of approved plans and specifications forwarded to you as part of the initial March 17,
1995, permit are considered a part of this permit. The approved plan sheets showing the new lot locations
are made a part of the approved plans and this permit. If you need additional information concerning this
matter, please contact Mr. John Seymour at [phone], extension 546.
Sincerely,
A. Press+ HowP.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
l�ta. a. T."Chen, Mooresville:Region Office, Water Qualty Section
Mr, Bob Davis, R. D. Davis Consulting Engineers

I
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, Inc.
Union County
FOR THE
continued construction and operation of approximately 25,916 linear feet of 8 inch gravity sewer to serve
the 166 single family three bedroom lots listed as lot numbers 1-12, 14, 55-81, 105-139, 181-200, 211-
215, 221, 224, 254-269, 268A, 307-319, 353-360, 392, 400-419, 419A, 448, 449, and 450; the golf
course clubhouse, and the clubhouse ancillary building (as shown on sheet SW-1 of the approved plans)
in the Shannamara Subdivision, and the discharge of an additional 52,960 GPD (totaling 61,960 GPD as
9,000 GPD was previously allocated for the initial 25 lots -now reduced to 19 plus the clubhouse and
ancillary building) of collected domestic wastewater into Fairview Developer's existing sewerage system,
pursuant to the application received November 23, 1994, and the amendment application received August
9, 1995, and the special request received September 19, 1995, 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.
1

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.
7 . 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.
13. 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.
2

15. This permit authorizes flow to serve only a specific 166 three bedroom lots, the golf course
clubhouse, and the clubhouse ancillary building in the Shannamara Subdivision. No wastewater
flows are allowed for the 141 new single family three bedroom lots, and lots 14, 221, 269, 360,
392, and 450 until expansion of the Wastewater Treatment Facility is completed. The total 166 lots
are indicated on the approved plan sheet SW-1 as lots 1-12, 14, 55-81, 105-139, 181-200, 211-
215, 221, 224, 254-269, 268A, 307-319, 353-360, 392, 400-419, 419A, 448, 449, and 450.
Any increase in flow beyond the quantity permitted herein (61,960 GPD) will require prior
approval from the Division of Environmental Management in the form of an approved permit
amendment.
16. Issuance of this permit hereby voids Permit No. WQ0010329 issued September 18, 1995.
17. The aerial crossing, shown on sheet SW-20 Station 0+00 to 2+00, of the approved plans, shall be
properly inspected and maintained so as not to impede the flow of the ditch, not to pose a threat to
water quality, nor to cause damage to adjacent or upstream properties.
18. No flow shall be made tributary from the 141 new single family three bedroom lots, and lots 14,
221, 269, 360, 392, and 450 until such time as the receiving wastewater treatment facility has been
constructed and the engineer's certification has been received and accepted by the Division of
Environmental Management.
Permit issued this the 25th day of September, 1995
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
t a�1 ti G.L� ivy
A. PrestonIoward, Jr., P. ., Director
Division of -Environmental anagement !
By Authority of the Environmental Management Commission
Permit Number WQ0010329
3

Permit No. WQ0010329
September 25, 1995
ENGINEER'S CERTIFICATION
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, , 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
4

['I lJ [Y 10 a q n rt L J1 1-11 ri ri
1 . C. v -r -r
5 15 :13 FROM LEES WRTER. QUALITY SECTION TO
87045449976 P.02/03
OF NORTH CAROLINA
OF tmion
Permit No. Iva
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to Q.S. 143-215.1 (d1) and entered into this 20th _ day of
Fqb iary - , 19 95 , by and between the North Carolina Environmental Management
:omratssion, an agency of the State of North Carolina, hereinafter 'mown as the COMMISSION; and
hnpn Develocrent Group, ' Inc. , a corporation/general partnership registered/.icensed to do
usiness in the State of North Carolina, hereinafter known as the DEVELOPER. ' •
VINES SBTH:
The DEVELOPER is the owner of the certain lands lying in Union County, upon
which it is vrecting and will erect dwelling units and other improvements, said development to be known as en
.hannamara (hereinafter the Development). --=
The DEVELOPER desires, to construct a wastewater collection system with pups, wastewater treatment
Works and/or disposal facilities (hereinafter Disposal System) to provide sarutary 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.
1. The DEVELGPER 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.
5. 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) Shannamata Homeowners 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 funds for such operation, maintenance, re. -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly constricted,
maintained and operated in aocordanee with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, TREFORE, 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 85 follows;
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 systerns and fatties 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 repeat 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,

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal system and
appurtenances thereto are part of the common elements uJd shall thereafter be properly maintained.and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
mains 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.
5 . The DEVILOPER 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 fands readily available to
repair, maintaitl 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 &hall be part of the
yearly budget.
6. In the event the common expea.se 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
t.-&stflents to cover BUCK 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 andlor disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shalt 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
goYerntnental 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 A seei,etion to enter into voluntary dissolution without having made adequate provision for the continued
proper maimenance, 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
approYed by the COMMISSION by the issuance of a permit
9. Tbe agreements set forth in numbered paragraphs 1, 2, 3,4, 5, 6, 7, and 8 above shall be conditions of any
permit issueo 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 WHER.EOF, 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 THn ENVIRONMENTAL
MANAGEMENT COMMISSION
A. Preston
Division of
J
ward, Jr., P.E., Director
vfronn ental Management
(Date)
2
Union. eye1p ent Group, Inc.
}arse of Developerltrvrnpany
Gregory F. Williams, President
Print Name and :title
(Date)