WQ0040157_Owner (Name Change)_20200113

P� „,STATE„ti0�8
-'�nf
ROY COOPER p
Governor O H
MICHAEL S.REGAN \^^aL.�y;a
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
January 13, 2020
Peter Harakas, President
Spencer Towns Owners Association, Inc.
2550 W.Tyvola Rd.,Suite 100
Charlotte, NC 28217
Subject: Change of Ownership Approval
Permit No.WQ0040157
Spencer Towns
Mecklenburg County
Dear Mr. Harakas:
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0040157. This modification is to change ownership from Carolina Cottage Homes, LLC to the
Spencer Towns Owners Association, Inc., and Spencer Towns Owners Association, Inc. 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 Christyn Fertenbaugh, P.E. at (919)
707-3625 [email:[e-mail]].
Sincerely,
for Linda Culpepper, Director
Division of Water Resources, NCDEQ
enclosures: Permit No.WQ0040157
.0403 Supplement
cc: Peter Harakas, Carolina Cottages, LLC([e-mail])
Mooresville Regional Office, Water Quality Regional Operations Section
PERCS Files (electronic copy)
-.._ North Carolina Department of Environmental Quality I Division of Water Resources
".#1 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH C�o�NA
oqu1..1 a fmkar.MM o1.Yry 919.707.9000

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.

ROY COOPER
Governor
�+S
MICHAEL S. REGAN
secretary
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
July 17, 2018
Mr. Peter Harakas,V.P. Development and Land Acquisitions
Carolina Cottage Homes, LLC
2550 W.Tyvola Rd., Suite 100
Charlotte, NC 28217
Subject: Permit No.WQ0040157
Carolina Cottage Homes, LLC
Spencer Towns
Wastewater Collection System Extension Permit
Mecklenburg County
Dear Mr. Harakas:
In accordance with your application received July 13, 2018, we are forwarding herewith Permit No.
WQ0040157 dated July 17, 2018, to Carolina Cottage Homes, LLC (Permittee) for the construction and
operation upon certification 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 the following conditions contained within this permit:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system
permit issued to the Permittee.
It shall be the responsibility of the Permittee 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.
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 150E 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.
"�' Nothing Compares7.&,.,,._
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704-663-1699

If you need additional information concerning this matter, please contact Barry Love at(704) 235-2143
or via e-mail at [e-mail].
Sincerely,
(—DocuSigned by:
Ai4-u N P
'—F161 FB69A2D84A3...
for
by W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
cc: Katherine Goodman, P.E. (e-copy)
Charlotte Water(e-copy)
Tommy Rowland (e-copy)
Regional Office Files
Water Resources Central Files
PERCS(e-copy)
2

ND.
Environmental
Quality
WASTEWATER COLLECTION SYSTEM EXTENSION 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
Carolina Cottage Homes, LLC
Mecklenburg County
for the construction and operation of approximately 648 linear feet of 6-inch gravity sewer as part of the
Spencer Towns project,and the discharge of 5,320 gallons per day of collected domestic wastewater into
the Charlotte Water existing sewerage system, pursuant to the application received July 13, 2018, and in
conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February
12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting ofPump
Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting data subsequently
filed and approved by the Department of Environmental Quality 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 specified
conditions and limitations contained therein.
—DocuSigned by:
A444tiv H P404 . for
F161 FR89A211114A3
byW. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Permit Number: WQ0040157
Permit Issued: July 17,2018
3

SUPPLEMENT TO PERMIT COVER SHEET
Carolina Cottage Homes, LLC is hereby authorized to:
Construct,and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Charlotte Water Sugar Creek
Wastewater Treatment Plant in accordance with Permit Number NC0024937.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division's 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.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
SPECIAL CONDITIONS
1. No flow in excess of the quantity permitted herein, 5,320 gallons per day, shall be made tributary to
the subject sewer system until an application for permit modification for an increase in flow has been
submitted to and approved by the Division. [15A NCAC 02T.0304(b)]
2. This permit shall become voidable unless the agreement between Carolina Cottage Homes, LLC and
Charlotte Water for the collection and final treatment of wastewater is in full force and effect. [15A
NCAC 02T.0304(h)]
3. 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 Permittee 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. [15A NCAC 02T.0115]
II. STANDARD CONDITIONS
1. This permit is not 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. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
4

2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's 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 unless specifically mentioned herein. [15A NCAC 02T.0110]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T.0110]
4. 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 2T .0403. If an individual
permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]:
a. The sewer system shall be 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.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e. 365
days per year). 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-months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute§143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public 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 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.
5

v ownedcollection systems, the Grease Control Program shall include at least t. For privately y g
bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs(a)through (i)of this Rule for a minimum of three
years with exception of the map,which shall be maintained for the life of the system.
5. The Permittee shall report by telephone to a water resources staff member at the Mooresville
Regional Office,telephone number(704) 663-1699, as soon as possible, but in no case more than 24
hours,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 SSO and/or spill over 1,000 gallons; or
c. Any SSO and/or spill, regardless of volume,that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number [phone] or [phone].
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved 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. Part II of Form CS-SSO(or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. Construction of the gravity sewers, pump stations, and force mains 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. [15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form attached to this permit shall be submitted with the required supporting
documents to the address provided on the form. A complete certification is one where the form is
fully executed and the supporting documents are provided as applicable. 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 permit and shall subject the Permittee to
appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement,then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
6

A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings(plan & profile views of sewer lines&force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are
marked up or annotated with after construction information and show required buffers,
separation distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing,
velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage,
surge protection, detention time in the wet well, and force main, ability to flush low points in
force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power
source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, include travel
timeframes, shall be provided.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided,or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length increases of 10% or greater, increased flow,
pump station design capacity design increases of 5%or greater, and increases in the number/type of
connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to
the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit.
Please note that variances to the Minimum Design Criteria should be requested and approved during
the permitting process prior to construction. After-construction requests are discouraged by the
Division and may not be approved, thus requiring replacement or repair prior to certification &
activation. [15A NCAC 02T.0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case-by-case basis.Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T.0116]
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;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,
construction of additional or replacement wastewater collection facilities,and/or referral of the North
7

Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T
.0108(b-c)]
11. In the event that the wastewater collection 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 facilities.
[15A NCAC 02T.0110; 15A NCAC 02T.0108(b)]
12. 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 the Division any other Federal, State, or
Local government agencies which have jurisdiction or obtaining other permits which may be
required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-
215.1(b)]
8

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG Permit No. WQ0040157
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 17T"y day of
December 2019 ,by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Spencer Towns Owners Association, Inc. , 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 Spencer Towns
(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 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 Chapter
47C 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 by the Association except for Federal, State, and local taxes and insurance.
FORM:HOA 01-15 Page 1 of 2

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 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 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.
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 the 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
ASSOCIATION's successor.
8. 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.
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 SPENCER TOWNS OWNERS ASSOCIATION, INC.
MANAGEMENT COM SION Name of ASSOCIATION
By,•%?Zr
. l iVrt0. CIA)pepper (Signature)
Division of Water Resources fl1Ytrirc✓
Peter Harakas, President
Print Name and Title
I /Z/1/ //9
(Date) (Date)
FORM:HOA 01-15 Page 2 of 2