WQ0015515_Renewal Application_20230524

Initial Review
Reviewer Nathaniel.Thornburg
Is this submittal an application? (Excluding additional information.) *
Yes No
Permit Number (IR) * WQ0015515
Applicant/Permittee Heavenly Mountain Residential Association, Inc.
Applicant/Permittee Address 1896 Heavenly Mountain Drive, Boone, NC 28607
Is the owner in BIMS? Yes ) NO Is the facility in BIMS? Yes No
Owner Type
Facility Name
County
Fee Category Major
Is this a complete application?*
Yes No
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Organization
Bear Pen Village WWTP
Watauga
Does this need review by the hydrogeologist? * Yes No
Regional Office
CO Reviewer
Admin Reviewer
Fee Amount $0
Complete App Date
05/24/2023
Below list any additional email address that need notification about a new project.
Email Address
Comments to be added to email notfication
Comments for Admin
Comments for RO

Comments for Reviewer
Comments for Applicant

Submittal Form
Project Contact Information
Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence.
Name* Kimber Reese
Email Address*
[e-mail]
Project Information
.........................
Application/Document Type*
New (Fee Required)
Modification - Major (Fee Required)
Renewal with Major Modification (Fee
Required)
Annual Report
Additional Information
Other
Phone Number*
8282511900
Modification - Minor
Renewal
GW-59, NDMR, NDMLR, NDAR-1,
N DAR-2
Residual Annual Report
Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
https://edoes.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type:*
Wastewater Irrigation
High -Rate Infiltration
Other Wastewater
Reclaimed Water
Closed -Loop Recycle
Residuals
Single -Family Residence Wastewater
Other
Irrigation
Permit Number:*
WQ0015515
Has Current Existing permit number
Applicant/Permittee *
Heavenly Mountain Residential Association, Inc.
Applicant/Permittee Address*
1896 Heavenly Mountain Drive, Boone, NC 28607
Facility Name*
Bear Pen Village WWTP
Please provide comments/notes on your current submittal below.
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
Bear Pen Village (WQ0015515) Permit Renewal 5-24-
3.71 MB
2023.pdf
Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger
than upload limit.
* By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has
been received by the Non -Discharge Branch. Application fees must be submitted by check or money order and made payable to the
North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts
of the application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature
Submission Date 5/24/2023

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
15A NCAC 02T .0500 — WASTEWATER IRRIGATION SYSTEM — RENEWAL
FORM: WWIS-R 02-21
Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting
documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A
NCAC 02T .0100, 15A NCAC 02T .0500, and Division Policies. For more information, visit the Water Quality Permitting
Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments
uploaded as a single Portable Document Format (PDF) file to https:Hedocs.deci.nc.2ov/Forms/NonDischar2e-Branch-Submittal-
Form-Ver2, or emailed to Non-Dischar2e.Reports(a)ncdenr.2ov if less than 20 megabytes (MB).
SECTION I — APPLICANT INFORMATION
1. Applicant: Heavenly Mountain Residential Association Inc.
2. Permit No.: WQ0015515
3. Signature authority: Missy Beuchert
Phone number: [phone] Cell
Title: President
Email: [e-mail] & [e-mail]
4. Mailing address: 1896 Heavenly Mountain Drive
City: Boone
State: NC Zip: 28607-
5. Contact person: Brice Leonard
Primary phone number: [phone] Office
Email: hmramanager(ogmail.com
Secondary phone number: [phone] Select
SECTION II — FACILITY INFORMATIO
1. Physical address: 246 Summit Rise Drive County: Watauga Parcel No.:
City: Boone
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 36.173739° Longitude:-81.554242'
State: NC
Method: Address matching
Zip: 28607-
SECTION III — FLOW INFORMATION
1.
Permitted flow: 20000 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 20000 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 1386 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 6 % (Divide the average flow in Item 3 by the As -built flow in Item 2)
5.
Wastewater composition: Domestic: 100 % Industrial: % Stormwater: %
SECTION IV — BILLING INFORMATION
1. Billing address: 1896 Heavenly Mountain Drive
City: Boone State: NC Zip: 28607-
2. Verify the Applicant does not have any overdue annual fees:
https://deq.nc. gov/about/divisions/water-re source s/water-re source s-permits/wq-epUments
Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.
FORM: WWIS-R 02-21 Page 1 of 6

SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
1. ORC: Robert Gross Rowe, III
Grade: SI Certification No.: 1012111
Mailing address: P.O. Box 1325
City: Asheville
State: NC Zip: 28802-
Phone number: [phone] Office
Email: browegMbsystems.com
2. Back -Up ORC: Robert Patrick Barr
Grade: SI Certification No.: 24262
Mailing address: P.O. Box 1325
City: Asheville
State: NC Zip: 28802-
Phone number: [phone] Office
Email: rbarrgrpbsystems.com
SECTION VI — OPEN -ATMOSPHERE STRUCTURES
1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if
necessary.
Type
Parcel No.
Volume (gal)
Liner Type
Freeboard (ft)
Latitude
Longitude
Treatment/Storage
284961269000
1,000,000
Select
36.1743190
-81.5535500
Select
Select
0-
°
Select
Select
0-
°
Select
Select
0-
°
iff SECTION VII — RELATED PERMITS
1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit.
Attach additional sheets if necessary.
Permit Type
Permit No.
Relationship Type
Select
Select
Select
Select
Select
Select
Select
Select
SECTION VIII — MONITORING WELLS
1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary.
Well Name
Parcel No.
Status
Gradient
Location
Latitude
Longitude
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
FORM: WWIS-R 02-21 Page 2 of 6

SECTION IX— IRRIGATION FIELDS
1. List all irrigation fields associated with the renewing permit. Attach additional sheets if necessary.
Field
County
Parcel No.
Deeded Owner
Area
Cover Crop
Latitude
Longitude
I
Watauga
2849510323000
Heavenly Mountain
Residential Association, Inc.
1.50
Ash/Chestnut
36.173455'
-81.555633'
2
Watauga
2849510323000
Heavenly Mountain
Residential Association, Inc.
1.50
Ash/Chestnut
36.173220'
-81.556985'
3
Watauga
2849510323000
Heavenly Mountain
Residential Association, Inc.
1.50
Ash/Chestnut
36.1727610
-81.5582770
4
Watauga
2849510323000
Heavenly Mountain
Residential Association, Inc.
1.50
Ash/Chestnut
36.1718990
-81.5591330
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
FORM: WWIS-R 02-21 Page 3 of 6

0 0
Total Acreage: 6.0
� J ATTACHMENT A — SITE MAP
Was the facility originally permitted or had a major modification issued after September 1, 2006?
❑ Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0504(d). These
requirements are:
❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility -related structures and fences within the wastewater treatment, storage, and irrigation areas.
❑ Soil mapping units shown on all irrigation sites.
❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage,
and irrigation sites.
❑ Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108, and 15A NCAC 02T .0506(c)
if applicable.
❑ Setbacks as required by 15A NCAC 02T .0506.
❑ Site property boundaries within 500 feet of all wastewater treatment, storage, and irrigation sites.
❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage, and irrigation sites.
® No — Skip Attachment A.
ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)?
® Yes — Skip Attachment B.
❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign.
ATTACHMENT C — FLOW REDUCTION
Does the existing permit include an approved flow reduction?
❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow
contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved
flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A
NCAC 02T .0114(f).
® No — Skip Attachment C.
I ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Is the Applicant a Privately -Owned Public Utility?
❑ Yes — Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise.
® No — Skip Attachment D.
ATTACHMENT E — OPERATIONAL AGREEMENT
Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold?
® Yes (Home/Property Owners' Association) —Pursuant to 15A NCAC 02T .0115(a)(2)I submit an executed Operational Agreement
(FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's
Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws.
❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: DEW Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
❑ No — Skip Attachment E.
FORM: WWIS-R 02-21 Page 4 of 6

ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
7themapplIcai t a municipality, county, sanitary district, or public utility?
Ye— Proceed to the next question.
No — Skip Attachment F.
Does the hydraulic capacity in Section III, Item 4 exceed 70%?
❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to 15A NCAC 02T .01180), prior to exceeding
80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee
shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall
outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system,
elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be
met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other
measures to achieve waste flow reductions.
❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question.
❑ No — Skip Attachment F.
If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%?
❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the
system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all
permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed,
submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future
growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow
reductions.
❑ No — Skip Attachment F.
ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS
Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and irrigation system?
® Yes — Skip Attachment G.
❑ No — Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and irrigation system on
property not owned by the Permittee.
ATTACHMENT H — AFFILIATIONS
Are the Permittee's affiliations of record correct? Check affiliations.
❑ Yes — Skip Attachment H.
® No — Provide the corrected affiliations and their contact information.
ATTACHMENT I — COMPLIANCE SCHEDULESIM
Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit)
❑ Yes — Submit documentation that the compliance schedules have been met.
® No — Skip Attachment I.
ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS
Does the Permittee have any existing civil penalties or outstanding violations?
❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request.
❑ Yes (violations) — Submit a copy of your response to the Notice of Violation.
® No — Skip Attachment J.
FORM: WWIS-R 02-21 Page 5 of 6

ATTACHMENT K — INDUST
WASTEWATER
Does the wastewater composition in Section III, Item 5 include any industrial wastewater?
� Yes — Proceed to the next question.
� No — Skip Attachment K.
Has the nature of the industrial wastewater changed since the 1
new materials or chemicals, etc.)?
ast permit issuance (i.e., changes in industrial process., int%)duction of
Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02T .O50-s�h�. Provide an
overview of the manufacturing process; an inventory of all chemical and biolof,ical materials used in the manufacturing process;
and an overview of the cleaning and treatment methodology.
No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the
manufacturing process; and an overview of the cleaning and treatment methodology.
— — -
ATTACHNEENT L — SETBACK WAIVERS
Does the existing permit include setback waivers?
❑ Yes — Pursuant to 15A NCAC 02T 0506(d), provide setbacks waivers that have been written, notarized, signed by all parties
0
involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance
with 15A NCAC 02L,0107.
No — Skip Attachment L.
r� APPLICANT'S CERTIFICATION
I � � rbxra 61jer� attest that this application
(Signature authority's name as noted in Section I, Item 3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application package are not completed, and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0 120(b), that the applicant, or any
parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned
a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance
schedule in a permit, settlement agreement, or order; not paid an annual fee.
'I Note: The Applicant's Certification shall be signed pursuant to
15A NCAC 02T .0106(b). An alternate person may be delegated as
the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(cl. Pursuant to § 143-215.6A and § 143-215,6B, any
person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class
2 misdemeanor, which may include -mora fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
Date: 0w � 4; Z1/7 Z., 0
THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBN11 ED AS A SINGLE PDF FILE VIA:
Email:Laserfiche Upload0
:
https,*,//edocs,,de!g.nc.p.ov/FormsfNonIDischarge=Branch:
NonmeDischarees ortsQncdenr.&.ov Submittal -Form -Vert
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Attachment H Page 1 of 2
North Carolina Department of Environmental Quality
Division of Water Resources
Permit Number: WQ0015515
Permit Type: Wastewater Irrigation
Facility Name: Bear Pen Village WWTP
Facility Addressi: Summit Rise Dr
Facility Address2:
City, State & Zip: Boone, NC 28607
Owner Information Details:
MUST submit a Change of Name/Ownership form to DWR to make any changes to this Owner information.
(Click here for "Change of Name/Ownership"form)
Owner Name: Heavenly Mountain Residential Association Inc
Owner Type: Non -Government Owner Type Group: Organization
*** Legally Responsible for Permit ***
(Responsible corporate officer/principle executive officer or ranking elected official/general partner or proprietor;
or any other person with delegated signatory authority from the legally responsible person.)
Owner Affiliation: Barbara Beuchert Title: President
Addressi: 1896 Heavenly Mountain Dr
Address2:
City, State & Zip: Boone, NC 28607
Work Phone: 898 qFq AAriF 02) 422-6367 Fax:
Email Address: lirnrarnanagerftmaikee [e-mail] and [e-mail]
*** Permit Annual Fee Billing ***
Billing Month: June
Invoice Number Invoice Date Invoice Due Date Invoice Amount Invoice Status
Owner Contact Person(s)
Contact Name Title Address Phone Fax Email
B"' Steveris 6 828 265
iAir
Missy BF chert President2860-7--1896 Heavenly Mountain Drive [phone] [e-mail]
Facility Contact Person(s) Boone, NC 28607
Contact Name Title Address Phone Fax Email
Brice Leonard Manager 1896 Heavenly Mountain Drive [phone] [e-mail]
Boone, NC 28607
Permit Contact Person(s)
Contact Name Title Address Phone Fax Email
Permit Billing Contact Person(s)
Contact Name Title Address Phone Fax Email
Heavenly 1896 Heavenly Mountain Dr, Boone, NC 828-263-0056 [e-mail]
Mountain 28607
Residential
Association Inc
4/19/2023

Attachment H Page 2 of 2
Permit Number: WQ0015515
Permit Type: Wastewater Irrigation
Facility Name: Bear Pen Village WWTP
Facility Addressi: Summit Rise Dr
Facility Address2:
City, State & Zip: Boone, NC 28607
Persons with Signatory Authority
Tvpe Contact Name Title Address
Phone Fax Email
Permit Robert P Barr Contract Operations PO Box 1325, Asheville, NC
828-251-1900 [e-mail]
Manager 28802-1325
Designated Operators
If the designated operators listed below are incorrect or no longer associated with the collection system, the information can be updated by su
a completed 'Operator Designation Form" (Click Here for ORC Designation Form).
Please provide specific details as to the changes requested, A
the addition/removal of designated operators. For a// other operator questions or
issues, please call 919-807-6353.
Facility Classification: SI
Operator Name Role Cert Type Cert Status
Cert # Effective Date
Robert Gross Rowe ORC SI Active
1012111 10/1 /2022
Robert P Barr Backup SI Active
24262 10/1/2022
4/19/2023 Pate 2

}
lk
STATE OF NORTH CAROLINA
COUNTY OF Watauga
ERATIONAL AGRE..EMEN
Attachment E page 1 of 2
Permit No.
This AGREEMENT made pursuant to G.S. 143m215.1 (dl) and entered into this _ day of
az-u 2023---t by
Commi'ssion,,
eavenl
and between the North Carolina Environmental Management
agency of the State of North Carolina, hcrcinaf1cr known as the COMMISSION; and
Mountain Residential Association, Inc. anon-profit corporation organized
and existing under and by virtue of the lows of the State
ASSOCIATION.
of North Carolina, hereinafter known as the
WITNESSETH:
le The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as Heavenly -Mountain Residential Association, Inc.
(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 dispose' 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. 143M
2 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 of the North Carolina General Statutes.
S. 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 permitfor construction, operntion, repair,
and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire
wastewater tmatment, 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.
FORM: HOA 01,,20
Page I of 2
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71
I
Attachment E page 2 of 2
3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the common exnencec In nrrler to accurr that them shall he fnnrlc .pawl.,
available to
maintenance
repair, maintain, or construct the Disposal System beyond the routine operation and
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of
i common expenses. Such fund shall I e 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 any time.
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 cau
existing and future wastewater of the Development to be accepted and discharged into sai
system, and shall convey or transfer as much of the Disposal System and such necessary e
governmental unit may require as condition of accepting the Development's wastewater,
se the
d governmental
asements as the
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 by theissuance 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 i, 2.) 3, 49 51 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
MANAGEMENT COMMISSION
S. Daniel Smith, Director
Division of Water Resources
(Date)
FORM: HOA 01-20
Heavenly Mountain Residential Association, Inc.
Name of ASSOCIATION
Bv: . "" .
(Signature)
31 VlA ekc�e► �
Print Name and Title
2o23
(Date)
jere�;kl&nf
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