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HomeMy WebLinkAboutNC0021547_Mill Creek CS a Coo �'o. �SanJ� C—o i ��, 5 I�- E� a 6s Is s� QUARTERLY REPORT 3d Quarter This represents the 3d Quarter report for the time period of October 1, 2007 to June 30, 2008 for the team made up of Roy, Keith, Jeff, Wanda and Janet. ACCOMPLISHMENTS: GOALS, 1st, 2d, 3d Quarters 1 St 2d 3d Total Inspections Majors 2 18 5 25 -- Minors 15 3 89 107 75 Collection System 16 14 5 35 33 (Deemed Permitted) 10 10 NA NOVs Major 1 9 X XX NA Minor 44 23 X XX NA Collection System 3 15 X XX NA CPAs Majors l NA Minors 42 10 X I' XX NA Collection System 0 2 X X NA Complaints 9 47 46 102 NA Fast Track Permits , 46 34 34 .114 NA Cc: Keith Haynes Wanda Frazier Janet Cantwell Jeff Menzel G:\WPDATA\DEMWQ\TXTRMD\3d Quarter Report, 07-08.doc 1 \NA igQG Michael F.Easley,Governor William G.Ross Jr.,Secretary ice- North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director p 5 Division of Water Quality July 6, 2006 Mr. Mike Decker, Town Manager Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: Mill Creek Development Sewer Service Town of Franklin Macon County Dear Mr. Decker: In our July 6, 2006 telephone conversation you expressed the opinion that the October 9, 1986 Agreement between the Town of Franklin, Macon.County and the Mill Creek Golf Club of Franklin, Inc. obligates the Town to provide sewer service to the Mill Creek Development and that this obligation pre-dates our January 2, 2000 Moratorium. We concur in this opinion. We, therefore, have no objection to the Town of Franklin offering sewer service to Mill Creek projects within the limits of the October 9, 1986 Agreement. Neither do we have objection to the Macon County Building Inspector's office issuing building permits for Mill Creek homes to which the Town of Franklin has sold sewer service. In the absence of further communications from this office, the January 2, 2000 Moratorium continues to apply to any project which would make use of the CR Pump Station or force main. Please do not hesitate to call Roy Davis at 828-296-4659 should any aspect of this letter require clarification. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Xc: Jack Morgan Scott Fisher Robert F. Siler Jack Vaughn Mill Creek Letter2.06 No° hCarolina N aturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper �w WIC of arnu tlin r , 9 188 West Main Street 'Rranklin,North Carolina 28734 (828)524-2516 a EU 7 2006 July 6, 2006 - Mr. Roy Davis NC Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Mill Creek Development/Sewer Service Dear Mr. Davis: This letter is a follow up to our telephone conversation on this date as well as your letter dated June 26, 2006. I have reviewed the 1986 agreement between the town and Mill Creek Golf Club, and I do believe that this document obligates the town to provide sewer service to this development. If you have any further questions, please give me a call. Sincerely, 0`'`�-� Mike Decker Town Administrator O�W��9 Michael F.Easley,Governor y William G.Ros's Jr.,Secretary jt r North Carolina Department of Environment and Natural Resources 3 Alan W.Klimek,P.E.Director ' Division of Water Quality June 26, 2006 Mr. Mike Decker, Town Manager " Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: Mill Creek Development Sewer Service Town of Franklin Macon County Dear Mr. Decker: Would you please review the attached Agreement, dated October 9, 1986, between the Town of Franklin, Macon County and the Mill Creek Golf Club of Franklin, Inc, and let me know whether this document obligates the Town of Franklin to provide sewer service to the Mill Creek Development. Would you please provide your opinion in writing. Please do not hesitate to call me at 828-296-4659 should you need to discuss this matter. Sincerely, Roy Davis Environmental Engineer Mill Creek Letter.06 No hCarolina atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper I NORTH CAROLINA MACON COUNTY AGREEMENT THIS AGREEMENT, made and entered into the 0- day of 0(4"hPR 1986, by and among the TOWN OF FRANKLIN,. a municipal corporation, of Macon County, North Carolina, hereinafter referred to as Town, the COUNTY OF MACON, a body politic, of Macon County, North Carolina, hereinafter referred to as County, and MILL CREEK GOLF CLUB OF FRANKLIN, INC. , a North Carolina Corporation, with its-principal place of business in Macon County, North Carolina, hereinafter referred to as Mill Creek. WITNESSETH WHEREAS, the Town currently. owlns .and operates a public sewage system for use by its residenits and certain other subscribers who are located outside 'the corporate limits of the Town, which public sewer system includes a sewage treatment facility, and WHEREAS, the Town currently owns and operates a public water system for use by its residents and certain other subscribers who are located outside the corporate limits of the Town, which public water system includes a water treatment plant, and WHEREAS, the County owns a sewer line running from the Macon County Industrial Park to the Town limits at Woodlawn Cemetery which is connected to the Town system, and WHEREAS, Mill Creek is the owner of certain real property located in Cartoogechaye Township, Macon County, North Carolina, consisting of a golf course and surrodnding property suitable for development as a residential .community, and WHEREAS, there is property adjoining Mill Creek property which was developed by former owner of the property now owned by Mill Creek and which was sold to various owners as single family dwelling lots and as townhouses, and WHEREAS, Mill Creek desires to: provide public water and sewer systems to its property for the use of future owners, and for the use of other owners in the Development. WHEREAS, the Town's water line and the County's sewer line are located approximately one and one-half miles from Mill Creek property, and WHEREAS, the Town, under certain terms and conditions, desires to allow Mill Creek, and owners of property in the Mill Creek development, which has previously been conveyed, and owners of property to be developed in Mill Creek Development, to use the Town's water and. sewer systems. WHEREAS, the County, under certain terms and conditions, desires to allow Mill, Creek, and owners of property in the Mill Creek development, which has previously been conveyed, and owners of property to be developed in Mill Creek Development, to use the County's sewer line for the transport of effluent to the Town sewer system. DEFINITIONS: As used in this agreement, the terms defined herein shall have the following meanings: E � ►' I I I I 1. County; The "inty of Macon, North Carolina, a body politic. 2. County Sewer Line: The sewer line owned by the County running rom t e Macon County Industrial Park to Woodlawn Cemetry. 3. Mill Creek: Mill Creek Golf Club of Franklin, Inc. , a North Caro Ina Corporation. 4. Mill Creek Develo ment or Develo ment: All of the property y Mi owned 1 Cree or which was ormer y owned by Mill Creek Properties, a partnership; as shown by deeds recorded in Macon County Register of Deeds and which is or may be used for a golf course - residential development. 5. Phase I : All of the property and lots of Mill Creek Estates, P ase I, together with all of the lots and townhouses in Mill Creek Estates - Golf Vistas Phases I and II, as shown on plats recorded in the.Macon County Register of Deeds. 6. Subscriber (or user) : Any of the persons or owners who use either Town o Franklin water system or sewer system, upon the payment of all required fees. or both, 7. System or. S stems: The water system and the sewer system, or either of t em, as the context may require, which shall connect with the existing Town of Franklin water and sewer systems and which shalt provide water and sewer service for subscribers in Mill Creek Development. 8. Town: The Town of Franklin, North. Carolina, a municipal corporation. NOW, THEREFORE, in consideration of the premises and the provisions of this Agreement, the parties agree as follows: I. This Agreement shall be in full force and effect from the date of execution by all parties hereto and shall remain in effect .until terminated as herein provided. 2. The Town and the County shall allow Mill Creek to hook onto the Town's water and sewer systems by hooking on to the systems' existing water main and the County's sewer line located within the right-of-way of old U.S. 64 near what was formerly known as the Slagle dairy property. Upon Mill Creek's connection with the system, the Town shall provide water to Mill Creek and to all property owners in Mill Creek Development who are provided connections by Mill Creek in accordance with the Town's standard procedures, and the Town shall provide sewage treatment services and facilities for all such persons in accordance with the Towns standard procedures. 3. Mill Creek intends to run the sewer and water lines along old U.S. 64 and S.R. 1311 from the point of hook-up to Mill Creek Property. The Tot-in shall assist Mill Creek to obtain permission to run the lines along old U.S. 64, and S.R. 1311, by asking the Department of Transportation to grant the Town permission to install said lines. Any permission obtained by the Town which is assignable shall be transferred by the Town to Mill Creek. 4. Mill Creek shall pay all costs of hook-up to the Town water system, and to the County sewer line, including any repairs necessitated by said 'hook-ups, and all costs of obtaining the necessary permits and easements, and all costs of installation of water and sewer lines from the point. of hook-u Town lines to the property of Mill Cr p to the existing eek. 5. All plans and specifications for the construction of the systems for hooking to the Town systems shall be submitted to the Town, to the County of Macon, and to any applicable State Agency. for approval prior to the beginning of construction by Mill Creek. I I F I I I I All construction shall be in accordance with said plans and specifications. 6. Mill Creek shall construct a water and sewer system on its property for connection with the Town systems, and shall require that all purchasers of property from Mill Creek, except purchasers of lots .in Phase I, Mill Creek Estates, to be connected to the Town systems. Mill Creek shall provide for connecting the existing water system in Phase I to the Town system. 7. Although the owners of property in Mill Creek development in Phase I have individua-1 septic tanks as a sewage system, Mill Creek shall encourage all said owners to hook on to the Town sewer system and shall not convey to said owners any land which the owners might use for an alternative sewer system or for 'well sites. Mill Creek shall not be required to construct or install sewer lines to the owners of Phase 1. 8. Mill Creek may charge each user of the systems such hook-up fees as Mill Creek deems advisable to recoup its cost of construction and maintenance of the system. 9. Mill Creek shall contract with the Town for the maintenance of the systems, including all lines, pumping stations, and other facilities, and shall pay the Town on an hourly basis, at its standard contract rate, for the time expended by Town employees on the maintenance of the system. r10. All users of the water system shall be individually metered fby the Town, and the Town shall bill all users separately at least every two (2) months for use of the water system and of the sewer system. In addition to the normal monthly or bi-monthly charges for water and sewer, which shall be at the same rate as or other users located outside the Town limits, each residential user of the sewer system shall pay to the Town an annual fee in the amount of fifty dollars ($50.00) , which annual fee shall be charged on the January bill of. each residential subbcriber. Each subscriber, other than residential, such as clubhouse, restaurant, pro-shop or other non-residential owner shall. pay an annual fee, due and payable in ,January of each year, which shall be in proportion to the fifty dollar (.$50.00) fee as its water use, in hundreds of gallons, is to the average water use of a residence at Mill Creek development, in hundreds of gallons. 9 � 11. All users of the water and sewer systems as herein provided shall comply with all applicable Town of Franklin ordinances which are now or shall in the future be in effect for Franklin system users. 12. The cost of maintenance of the County sewer line between the point at which Mill Creek hooks on to the line and Woodlawn cemetery shall be borne pro-rata by all parties using said line. The Town agrees to pay Mill Creek's costs of such maintenance. 13. Mill- Creek, after construction of the water and sewer systems as herein provided, shall have the power and right to assign all of its rights, responsibilities, and obligations under this agreement to the property owners in Mill Creek Development or an association or associations of such property owners. 14. This agreement may he- terminated upon ninety (90) da s written notice by any party, upon material breach by any other 15. The Town shall have the right to terminate service to any subscriber, without notice, if any subscriber is more than sixty (60) days in default of payment for service under the terms of this agreement. IN WITNECS WHEREOF, the parties hereto have signed and sealed this instrument the day and year first above written. TOW48a RANK rN By: 1, Atte, t: 1. e s n, ayo Town C erk (CORPORAT.E SEAL) MACON C UNTY By: Attest: C er to �. eBoa (CORPORATE SEAL) MILL CRF.F GOLF CLUB OF FRANKLIN, INC. By: Attest: Press ent • Secret ry (CORPORATE SEAL) STATE. OF NORTH CAROLINA COUNTY OF MACON I, a Notary Public of the County and State aforesaid, certify that and acknow personally came before me this day le ge that s e is Town Clerk of the TOWN OF.FRANKLIN, NORTH CAROLINA, and that by authority duly given and as the act of the Town, the foregoing instrument was signed in its name by DAVID E. HENSON, MAYOR, sealed with its corporate seal and attested by her as Town Clerk. Witness my hand and official stamp or seal, this Oil-t, day of C1cft o��_ 1986. Notary Pu is vokiitY g a My commission expires: �iAAAA-0- r �1 y L 0.1�� �d4yQCgd�{,'Oat' STATE OF NORTH CAROLINA COUNTY OF MACON I, a Notary Public o the County and State aforesaid, certify that 2 Tee✓ personally came before me this day and acknowledged that he—is Clerk to the Board of Macon County, a Body politic,- and that by authority duly given and as' an act of the corporation, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by A"'4 as its Clerk. Witness my hand and official stamp or seal, this .&'day of TDBf L- 1986. otary u lic My commission expires: 7 STATE OF NORTH CAROLINA COUNTY OF MACON I , a Notary Public of the County and State aforesaid, certify that S 0, QOs5: personally came before me this day and accnow e ge t at _-5 e is st _ Secretary of MILL CREEK GOLF CLUB OF FRANKLIN, INC. , a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested-by k_v- as its ks`;� Secretary. Witness my hand and official stamp or seal, this ItH- day of d.�otwan�a�1- 1986. A G. S�Z� Notary Public `kOTARy My commission expires: r sz 0 1991 �� PUS LI t Possible Sewer Line Violation r Subject: Possible Sewer Line Violation From: Kevin Barnett<Kevin.Bamett@ncmail.net> Date: Fri x3 Steep 2Q05 16:44:43 -0400 To: Roy Davis<Roy.Davis@ncmail.net> CC: Roger Edwards<Roger.Edwards@ncmail.net> Scott Fisher Macon County 1dI�ail e�ree Coumtty C ub�'`West end of town under moratorium) Building—60 villas and has laid sewer line to many of them already. As per Macon County Building Inspectors Office. Contact: Jack Morgan 828-349-2170 Kevin Barnett - Kevin.Barnett@ncmail.net .- __..-_.._..--.....------------........................ -- North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Kevin Barnett<Kevin.Barnett@ncmail.net> NC DENR-Asheville Regional Office Division of Water Quality-Water Quality Section 1 of 1 9/26/2005 2:16 PM October 17t',2003 Mill Creek Estates Property Owner's Association 93 Country Club Dr. Franklin N.C. Carlos Cordon Board Member. North Carolina Department of Environment And Natural Resources 59 Woodfin Place Asheville N.C. 28801 ATTN: Kevin Barnett Dear Mr. Barnett: I have been given a collection of notices from your department from various entities that formerly had responsibility for the systems and additions to systems that the Mill Creek Estates Property Owner's Association is now responsible for. As the different Developers built in this subdivision and finished sections, as permitted,they turned the responsibility of operation and maintenance over to our Association. Our water is supplied by the town of Franklin and they receive our wastewater. We operate the booster pumps and lift stations and maintain the infrastructure that supports them. j The Permits mentioned in your letters are; WQ0019779 WQ0005936 WQ0014289 WQ0013028 I The system is operated by a N.C. State licenced collections operator. We have a set of prints that is fairly concise and are trying to get a complete set of plans that combine the entire system. The engineering firm, and the developer have been remiss in co-operating with us in that we have very few As-Built drawings. We have audible and visual alarms that the homeowners know whom to respond to in the event of failure. We have telemetry, (automatic dialer) on our main station and are in the process of installing the same on the small station. All outdoor equipment is secured and is padlocked. ��G`� 2 12CG3 . r 2. We intend to comply with all requirements of these permits and would welcome your help in securing a complete and accurate set of plans of this system. One would think that your office would have approved construction plans and the As- builts to go along with them since these are required for DENR final approval. If you have any questions or comments please feel free to contact me. %arlos Cordon P.E. Ret. Member of the Mill Creek POA Board (responsible for infrastructure) C/O Mill Creek Estates POA 93 Country Club Dr. Franklin N.C. 28734 F wArF Michael F.Easley Governor CO r William G.Ross,Jr. North-Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION October 21, 2003 Mr. Carlos Cordon Mill Creek Estates POA 93 Country Club Drive Franklin, North Carolina 28734 SUBJECT: Response to Submitted.Information Collection System Ownership Mill Creek Estates Macon County Dear Mr. Cordon: This office is in receipt of your letter, dated October 17, 2003. In regards to the submitted information, the referenced permits (WQ0019779, WQ0005936, WQ0014289, and .W00013028) have not had "ownership" changed from the developer's name to Mill Creek Estates POA. Should any violations occur in regards to these systems, the Division of Water Quality would pursue the permitted authority for prospective enforcement. Should Mill Creek Estates POA desire ownership of these collection systems, a name change form (see attached) should be submitted for each individual permit, along with the appropriate processing fee. If you have any questions, you may contact me at kevin.barn ettCa�ncmai1.net 828.251.6208. Sincerely, f'•�' .� Kevin H. Barnett, Environmental Chemist Enclosure cc: Macon County Building Inspections Office Macon County Health Department P4 Water Quality Section,50 Woodfin Place Asheville,NC 28801-2414 Telephone: 828/251-6208 Customer Service Fax: 828/251-6452 1 800 623-7748 i - LAW OFFICES COWARD, FUCKS, & SILER, P.A. 43 WEST MAIN STREET i FRANKLIN, NORTH CAROLINA 28734 f 828/524-6475 ROBERT F.SILER FAX 828/524-9833 828-369-2215 - Office 828-421-6634 - Cell OI,� r k �,, o e UTILITIES • WATER&WASTEWATER OPERATIONS PUMP CONTROLS • DESIGN Representing MEMO® Wastewater Pumps SE`AIER SYS ENAS -Your Grinder Solution D r 11y) �J �§ y C"Jk 6� �` . K 73V Cr cove CO5 In �rl, �. T Permits Issued 10/11/05 Permit Issued Effect Expired Number Owner Name-Facility Name Owner Type Permit Type County Date Date Date Primary Reviewer Region WQ0013028 Mill Creek Co Club-Mill Creek Co Club-Mint Lake Non-Government Gravity Sewer Extension,Pump Stations,&Pressure Macon 11/18/96 11/18/96 sonja.basinger Asheville Sewer Extensions WQ0019779 Mill Creek Co Club-Mill Creek Co Club-New Resery Non-Government Gravity Sewer Extension,Pump Stations,&Pressure Macon 04/25/01 04/25/01 forrest.westall Asheville Sewer Extensions WQ0001162 Mill Creek Golf Club-Mill Creek Golf Club-Mcgc Non-Government Gravity Sewer Extension,Pump Stations,&Pressure Macon 05/12/89 05/12/89 kim.colson Asheville Sewer Extensions WQ0005936 Mill Creek Golf Club-Mill Creek Golf Club-Mill Cki Non-Government Gravity Sewer Extension,Pump Stations,&Pressure Macon 05/20/92 05/20/92 kim.colson Asheville Sewer Extensions WQ0008825 Mill Creek Golf Club-Mill Creek Golf Club-Subdiv Non-Government Gravity Sewer Extension,Pump Stations,&Pressure Macon 02/18/94 02/18/94 kim.colson Asheville Sewer Extensions Record Number 5 1 fv-zlu 13 North Carolina Department of Environment and Natural Resources DIVISION OF WATER QUALITY of NNA ^�' �► Surface Water Protection Vr Asheville Regional Office >_ NCDE14K 2090 U.S. Highway 70 0 Swannanoa, North Carolina 28778 Phone: 828/296-4500 Fax: 828/299-7043 To: Fax: ::5 6:3 Ct -fig From: =�)C�-�� Date: S l 1 Co 1 C7 C Number of pages including cover: MESSAGE: If questions, please call 8281296-4500 0 _nl,_, JQ2�n— pr--ry-" -A O=L2 NorthCarolina ;Vatmrally C�C�000s93� - _ coo Davis, Roy om: Adam Hogan [Adam@goldieassociates.com) .int: Thursday, July 30, 2009 10:53 AM To: Davis, Roy Subject: Mill Creek Country Club Sewer System, Franklin, NC (Macon Cty) Attachments: Form PNOCF-SO904 Change of Ownership.doc Roy: left you a message earlier about the above referenced sewer system. The Mill Creek Country Club has its own collection system & pump station which pumps to the Town of Franklin's sewer system. It is my understanding that Mill Creek owns, operates and maintains the gravity collection and pump station while the Town of Franklin owns, operates and maintains the forcemain to their gravity system. Mill Creek is looking to turn over ownership and operation of the gravity collection & pump station to Jacabb Utilities, LLC, a privately-owned public utility. What would be required from a DWQ standpoint to make this happen? I found the attached permit on the DWQ website for a transfer of ownership. Am I on the right track here? Please feel free to call me at my number below if we need to discuss. Thanks, Adam Hogan, P.E. GOLDIE& ASSOCIATES Project Engineer Civil Engineering Department Ph: 864.882.8194 ext. 123 c-x: 864.882.0851 This electronic mail message contains information that(a)is or maybe LEGALLY PRIVILEGED, CONFIDENTIAL,PROPRIETARY IN NATURE,OR OTHERWISE PROTECTED BYLAW FROM DISCLOSURE,and(b)is intended only for the use of the Addressee(s)named herein.If you are not the intended recipient,an addressee,or the person responsible for delivering this to an addressee,you are hereby notified that reading,using,copying,or distributing any part of this message is strictly prohibited.If you have received this electronic mail message in error,please contact us immediately and take the steps necessary to delete the message completely from your computer system. 1 /a�_3o/ �c7c� �' 7 � � �-�� � -� i __ � _ __ _ _ � _ _ _ _ _ _ . __ � _ _ _. _ . 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' Division of Water Quality July 6, 2006 Mr. Mike Decker, Town Manager Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: Mill Creek Development Sewer Service Town of Franklin Macon County Dear Mr. Decker: In our July 6, 2006 telephone conversation you expressed the opinion that the October 9, 1986 Agreement between the Town of Franklin, Macon County and the Mill Creek Golf Club of Franklin, Inc. obligates the Town to provide sewer service to the Mill Creek Development and that this obligation pre-dates our January 2, 2000 Moratorium. We concur in this opinion. We, therefore, have no objection to the Town of Franklin offering sewer service to Mill Creek projects within the limits of the October 9, 1986 Agreement. Neither do we have objection to the Macon County Building Inspector's office issuing building permits for Mill Creek homes to which the Town of Franklin has sold sewer service. In the absence of further communications from this office, the January 2, 2000 Moratorium continues to apply to any project which would make use of the CR Pump Station or force main. Please do not hesitate to call Roy Davis at 828-296-4659 should any aspect of this letter require clarification. Sincerely, �a oger C. Edwards, Regional Supervisor Surface Water Protection Section Xc: Jack Morgan Scott Fisher Robert F. Siler Jack Vaughn Mill Creek Letter2.06 NonthCarolina ,Xatura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper 06j30;2006 08:32 82B5246456 PAGE 01 CIDWJARC), HICKS & SILER. R A ATM RRLYS AT LAW ■!a weBT MAIN 5TH9VT FRANKLIN, NOWN CAROLINA aeraA-a(YDa TELEP((DNE�(E789 MP4-654 Jb PAX: MEM b)k4-L+8A5 o RYILLE 1}.COWARD KENTCaWARD 1920-1u68 OfiVILLM D.COWARD,JR. OFFICES IN: RALFH L.HICKS FACSPHILE COVBR i FRANKLIN. NC (:tO13ERT F.91LER 9YLY,+.. KG ,J. K.COWARD, JR. WJY-LIA14 H.COWARD CAgH1ER5. NC KIM13ERLY n-COWARD MOICf"( o. RECK TRICHARO K.WALKER THCWMi R.CRAWFO'RD HEATHER C. BAKER DATE: ep-J1D-O C� TO: )?e j 'bA V i.S FAX NO.: RP8. (,a9?- 961/-4 FROM' COWARD,HICKS&SIL.ER,R A, NUMBER OF PAGES INCLUDING TMS COVER SHEET: �f COMIAJFNTS: WE ARE TRANSMUTING FROM(828)524-6456 k.kf!<,kd,d+>!<$M,k+bF d,b64hhM•MMM�hF�'F'M9NP�kb�*MF+N•,I+�fhM RRRK,$d,+k7k+l*X�+Ftkky-+N��IE$'�F 9 BeORTANT-TM TRANSMISSION([NCL7UDING ALL ATTACHE PAGES)IS INTENDED ONLY FOR USE OF THE NAMM ADDRESSEE(S),AND MAY CONTAIN INFOLt.MATION THAT IS PRNILEGED OR F. 1'FROM DISCLOSURE UNDHP.APIUCABLE LAW. IF YOU ARE NOT A.NAMED ADDRESSEE,YOU ARE H REBY NOTIMD THAT ANY USE, DISSEMINATION,DISTRIBUIJON OR.COPYING OF THIS TRANSMMSIbN IS STRICTLY PROIKMMM. IF YOU HAVE RECMVM TM TRANSMISSION IN ERROR,PLEASE DESTROY ALL COPIES AND NOTIFY US D&=TATLLY AT(828)524-6475. IF YOU DO NOT RECEIVE ALL PAOFS,OR IF 1EMY ARE NOT LEGiPT,..'E,PLEASE.CALL US H%OAEDIlA.TELY AT(828)524-6475. 8 wnrkf'rvsts�m-s+- r� .-.-...-.,-•..�.--.,r i,L' ,li:cn, �}�'� � -1 :I JUN 0 2006 06/30,12006 08:38 B2B5246456 PAGE 01 COWARD, HICKS &SILF- R, 1*.A. AT FLNEYS AT LAW 4.S WEST MAIN STRC1=r FRANKL IN. M40M CAROOLINA Z6734-30¢* TELrPHONK:l(b2b)I5e4-647B FAX:IaEBI SP4-46178 KEIIT GOWARP IfleB-INee ORVILLS P.COWARD ORVILLE D.COVIrARD.JR- OPPIGE$ IN: RALP0 L_HICKS, 1iIA U � FRANKLIN. NC RODERT F.AILUR SYLVA, NC d. K_COWARD. -IN- CASHIERS. IiC WILLIAM K-COWARP KIMBERLY R.COWARD MONTY O.BECK pICHARD K.WALKF-k THOMAS R.CRAWFOAD HEATHER C. DAKFO DATE: 4v- .90.O(v To: Rn �i9vr15 FAX NO.: $?$- .O f'?- 761/-� FROM: COWARD,RICKS&SEER.F..A,. RL: Cfewele f'er�ml�.s NLMSER OF PAGES INCLUDING TICS COVER SHEET: COMMENTS: WE ARE TRANSMUnNQ FROM(828)524-6456 Nt��9rk+Rtl d#k*B'�#+kpN�h 8#6k##{bA#Iklk+lrklklCRl WIR#*##k�krt*dklk+k'IR#*Mssi►k+kklk�kM PHORTANT-TTIIS T Lt kNSMISSION(INCLUDING ALL ATI',ACWD PAC-ES)IS DITENDED ONLY FORUSE OF THE NAMED ADDRESSEiJ(S),AND MAY CONTAIN INFORMATION THAT IS PRWn EGM OR E7 E PT FROM I3ISCLOSURE MMER AMICABLE LAW. IF YOU ARE NOT A NAMED ADDRESSEE,YOU ARE HEit'EBY NOTWM THAT ANY USE, DISSE111NA-HON,DISTRIBUTION OR.COPYING OF THIS TRANSMISSION IS STRTCTLY PROIRBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN BEROR,PLEASE DESTROY ALL COPIES AN]]NOTIFY US RvD EDIATELY AT(828)524-6475. IF YQU DO NOT RECRW ALL PAGES,OR IF THEY ARE NOT LEQBI L,PLEASE CALL US U&NAEDIATELY AT(828)524-6475. may: 06/23,12006 13:25 8285246456 PAGE 01 COWARD, HICKS aSILER, P.A. ATTORNEYS AT LAN as WEST MAIN VMRF-T FRANKLIN. HORTH CAROLINA 06704-2003 TKLKPH0HE: IAHBf 6e4�4%4 T6 FAX1 1ES,01 SH4-De33 . ORVILLE 0.COWATI6 KENT COWARD IR'd4-lssa ORV11-,I,E D.COWARD. .JR- OFFIC69 IN: RALPH L.HICKS F&'t:S�MZI.,--c-am RSHR"E�' FRANKLIN. RD RO9RRT F_SILER _ _ __ SYLVA., N V` .1_ K.coWARO.JR, WILWAH H.COWARD CA9HII:RS. RG KIM13HRLY R.GOWAHD P40Nry c.gtCK RICHARD K.WALKKk THOM/.6 R.CRAIMFORD HEATHER C.BAKFR DATE: lm-ag.OfP TO:-�aL� FAX No.: $. q9. 1 Q` 3 FF�ROM—may COWA M,MCKS&SUER,P.A. pp NUMBER OF PAGES INCLUDING TM COVER SST: 75 WE ARE TLtANSNIlTTING FROM(828)524-6456 � 4rb•}*�•k.hkdk*'kdA*k##irk*Ik*#kklklk*sp+�+k*#+X4114+14*@w*k*#Msk�*IRMWIawMklptl+klk**% HAPORTANT-THM TRANSM SSION(INCLUDING ALL ATTACHED PAGES)IS INTENDEd ONLY FOIL USE.OF THE NAMED ADDRESSIE(S),AND MAY CONTAIN INFORMATION THAT IS PRrVR.EGM OR EXIT FROM DISCLOSURE UNDER APPLICABLE LAW IF YOU.ARE NOT A NARM ADDRESSEE,YOU ARE MMY NOTI M THAT ANY USE, DISSEMMATION,DISTRIBUTION OR COPYING OF TMS TRANSMISSION I.S STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS TRANSMSSION IN ERROX PLEASE DESTROY ALL COPIES AND NOTIFY US I &MOIATELY AT(828)524-6475. IF YOU DO NOT RECEIVE ALL PAGES,OR IF THEX,ARE NOT IYARBLE,PLEIASE CALF US RMAMIATEL.Y AT(828)524-6475. By: i I I� J UN 2 8 2006 WATER QUALITY SECTION ASHEVILLE_ REGIONAL Ci FICE 06/30/2006 08:38 82B5246456 PAGE 02 , COWARD, HICKS IS$ILER, P. A. ATTORNEYS AT LAW 43 WEST MAIN STROCT "ANKLIN, NORTH CARoLINA 2e734-3007 TELrPHONE: Iaeal e¢4-a475 FAX! cave)5e4-s633 KENT COWARD IDEA-1000 ORVI14-E O.CowARD ORVILLE O.COWARD, JR. OFFILE3 IN: RALPH I..HICKS FRANKLIN. NC PO@ERT F.SILER rya �](�{{,, 3YLVA, ND 2 .J. K,COWARD, .IR, June 8, 2V06 CA9K1Eg5. HC WIL-LIA14 H.COWARD KIMBER1-Y R.COWARD MONTY c_DECK RICHARD K.WALKER THOMAS R.CRAWFQRD HEA7HER C. 13AKER Y. ANDIBEW C, AUCKNER R.S. Jones, Jr_ , Esquire JOKES, KEY, MELVIN & PATTCN, P.A. 61 East main Street F' :-anklin, NC 26734 RE; Assignment of Sewer POT-Mit8 from Mill Greek Golf club Qf E:ran.klin, Ino. to Mill Creek E&Cates property owners Association. Dear Mr. Janes: In accordance wa,th the,diucussi,pn at the meeting held on June 23, 2006, among Willow View Properties, Inc. , Mill Creek Gplf Cluh of Franklin Inc. , Mill Creek. Estates Property Owners A.ssoc'i.ation, and the North Carolina Division of Water Quality, and in.-accordance with the advice of Mr. Roy M. . 3ava,s, Environmental Engineer,, I am enclosing certification letters from McGill Associates, P.A. , Consulting Engineers and Permit Name or Ownership Change form for Sewer Systems for the various sewer permits issued at Mill Creep Golf Club. These Ownership Change Forms provide fox the transfer of the ownership of the sewer system from Mild. Creek Golf Club of Franklin, Inc. to Mill Creek Estates Property Owners Association. The documents eziclosed are as follows: 1. McCall Associates, P.A. certification letter dated August 7, 1990, for permit number WQ0001162, together with the Ownership Change Form fbr that permit. 2. McGill Associates, P.A. certifacata,on letter dated June 29, 1993, for permi.•t number WQ0005936, together with the Ownership Change Form for that permit. 3. McGill Associates, P.A. aerti;Eicatioxi letter dated April 3, 1995, for permit azumber wQ0008825, together with the ownership Change Form for that permit. 06/30/2006 08:38 82B5246455 PAGE 03 4. McGi11 Associates, P.A. certification letter dated December 20, 2002, for permit number WQ0019?79, together with the Ownership Change Form for that permit. 5. McGill Associates, P.A. certification letter dated June 20, 1997, for permit (unnumbered) for sewer extension for Mint Lake Villas, together with the Ownership Change Foxm with permit number WQ00013028. 6. McGill Associates, £.7 . certification letter dated December 20, 2002, for permit ziumber WQ0014289, together with the Ownership Change Form for that permit. From our discussion at the meeting on June 23, 2006, 1 believe this completes all of the necessary documentation for transferring the ownership aiW management of the sewer system at Mill. Greek Development to the .Association. However, if, in going through your documents, you find there is any deed that you do 'not have please let me ]snow. Kindest regards. Yours sincerely, COWARD, HICKS S: -SILF�R, P.A. Robert F. gle RFS/mbn Enclosures CC: Roy M. Davis, without onclosuras willow view Propertie8, Inc. , without enclosures W:\LSA�N\j un¢e atl 87,4nm¢nt v£ 68'R¢x D�£fi1FA-� 06/28;2006 13:25 8285246456 PAGE 02 COWARD, HICK-9 s SILER. P.A. pTroRNEY3 AT LAW 43 WEST MAIN STIaEET FRANKLIN. NGRTH CAROLINA 287,14-sOOB // TELEPHONE!(026L 824.547c ,s,a y. (O t-OS FAX: ieRa) D24-009g ORYIUX n_aOWARD KENTCOWARD t020-ID&O ORVFL"F- D.COWARD. JR. OFFMKS IN: RALPH L. HIOK5 ROD.ERT F.SLLER FFANKLIN. NC J. K. aOWARD. JR. June 28 2006 SYLYA. NC WILLIAM H.COWARD CASHIERS. NC KIMBERLY R. cawARD MQNTY C.BECK PICHAND K.WALKER THOMAS I�_CRAWFORD HEATHER O, BARER ANRR£W C. BUCKH919 R.S- Jonea, Jr. , Esquire JONES, KEY, MELVIN & PATTON, P.A. 61 East Main Street Franklin, NC 28734 Re: Assignment of Sewer Permits from Hill Greek Golf Club of Franklin, Inc. to Mill Creek Estates Property owners Association, Dear Mr. Jones: In accordance with the discussion at the meeting held on June 23, 2006, among Willow View Properties, Inc. , Mill Creek Golf Club of Franklin Inc. , Mill Creek Estates Property Owners Association, and the North Carolina Division of Water Quality, and in accordance with the advice of Mr. Roy M. Davis, Environmental. Engineer, I am enclosing certification letters from McGill Associates, P.A. , Consulting Engineers and Permit Name or Ownership Change Form .for Sewer Systems for the various sewer permits issued at Mill Creek Golf Club. These Ownership Change Forms provide for the transfer of the ownership of the newer system from Mill Creek Golf Club of Franklin, Inc. to Mill. Creek Estates Property Owners Associations.. The documents enclosed are as follows: 1_ McGill Associates, j'.A. certification letter dated August 7, 1590, for perms-t number WQOQ01162, together v,+ith. the Ownership Change Form for that permit. 2. McGill Associates, P.A. certification, letter dated June 29, 1993, for permit number WQ0005936, together with the Ownership Change Form for that permit. 3. McGill Associates, P.A. certification letter dated April 3, 1995, for permit number W00008825, together with the Ownership Change Form for that permit. 06/28,12006 13:25 0285246456 PAGE 03 4. McGill F5aoriates, P.A. certification letter dated December 20, 2002, for permit number WQ0019779, together with the Ownership Change Form for that permit. 5. McGill Associates, P.A. certification letter dated June 20, 1997, for permit (unnumbered) for sewer extension for Mint Lake Vil -as, together with the Ownership Change Form with permit number WQ00013028. 6- McGill Associates, P-A. certification setter dated December 20, 2002, for permit numberWQ0014289, together with the Ownership Change Form for that permit. From our discussion at the meeting on June 23, 2006, I believe, this completes all of the necessary documentation for txansferring the ownership and management of the sewer system at Mill Creek Development to the Association- However, if, -in. going through your documents, you find there is any deed that you do not have please let me know. Kindest regards. Yours sincerely, COWARD, HICKS & SZLER, P.A. t Robert F. gle RFS/m bn Enclosures CC: Roy M. Davis, without enclosures Willow View Properties, Inc., without enclosures R:\L1R1}fHN\�onea dbBSgriAant of Borer pEX�1LE8-�� rn � 0 COWARD, HICKS s SILER, P. A. ATTORNEYS AT LAW UL - 3 2006 43 WEST MAIN STREETFRANKLIN, NORTH CAROLINA 28734-3005 TELEPHONE: (828) 524-6475 R QUALITY SECTIONLLE REGIONAL OFFICE FAX: (828) 524-9833 - ORVILLE D. COWARD KENT COWARD 1929-1989 ORVILLE D. COWARD, JR. OFFICES IN: RALPH L. HICKS ROBERT F. SILER FRANKLIN, NC J. K. COWARD, JR. June 28, 2006 SYLVA, NC WILLIAM H. COWARD CASHIERS, NC KIMBERLY R. COWARD MONTY C. BECK RICHARD K. WALKER THOMAS R. CRAWFORD HEATHER C. BAKER ANDREW C. BUCKNER R. S . Jones, Jr. , Esquire JONES, KEY, MELVIN & PATTON, P.A. 61 East Main Street Franklin, NC 28734 Re: Assignment of Sewer Permits from Mill Creek Golf Club of Franklin, Inc. to Mill Creek Estates Property Owners Association. Dear Mr. Jones : In accordance with the...discussi,on at the meeting held on June 23, 2006, among Willow View Properties, Inc. , Mill Creek Golf Club of Franklin Inc. , Mill Creek Estates Property Owners Association, and the North Carolina Division of Water Quality, and in4accordance with the advice of Mr. Roy M. , Davis, Environmental Engineer,, I am enclosing certification letters from McGill Associates, P.A. , Consulting Engineers and Permit Name or Ownership Change Form for Sewer Systems for the various sewer permits issued at Mill Creek Golf Club. These Ownership Change Forms provide for the transfer of the ownership of the sewer system from Mill Creek Golf Club of Franklin, Inc. to Mill Creek Estates Property Owners Association. The documents enclosed are as follows : 1 . McGill Associates, P.A. certification letter dated August 7, 1990, for permit number WQ0001162, together with the Ownership Change Form for that permit . 2 . McGill Associates, P.A. certification letter dated June 29, 1993, for permit number WQ0005936, together with the Ownership Change Form for that permit . 3 . McGill Associates, P.A. certification letter dated April 3, 1995, for permit number WQ0008825, together with the Ownership Change Form for that permit . 4 . McGill Associates, P.A. certification letter dated December 20, 2002, for permit number WQ0019779, together with the Ownership Change Form for that permit . 5 . McGill Associates, P.A. certification letter dated June 20, 1997, for permit (unnumbered) for sewer extension for Mint Lake Villas, together with the Ownership Change Form with permit number WQ00013028 . 6. McGill Associates, P.A. certification letter dated December 20, 2002, for permit number WQ0014289, together with the Ownership Change Form for that permit . From our discussion at the meeting on June 23, 2006, I believe this completes all of the necessary documentation for transferring the ownership and management of the sewer system at Mill Creek Development to the Association. However, if, in going through your documents, you find there is any deed that you do not have please let me know. Kindest regards . Yours sincerely, COWARD, HICKS & "SILER, P.A. :Robert F. Siler RFS/mbn Enclosures CC: Roy M. Davis, without enclosures Willow View Properties, Inc. , without enclosures W:\LTR\MBN\Jones assignment of sewer permits.wpd c 06/21,12006 07:04 8283692215 CHUCK' PAGE 01 FAX From Chuck.Seigel 89&Xillbrook Heights Franklin N.C.287M Ph&Fax 828-369-221 S Cell 421-6634 Date: 6-21-06 T-a-NCDER FAX#829-299-7043 ATTN:Ray Davis RE:Mill Creek Estttes POA lift Station etc. Enclosed is a copy of the find letter of request that we will present at the meeting this Friday.If you see auythiug that is incurrect Ot feel that somc#ting else should be addressed plcase let me know. Cooking forward to seeing you at the Ong. Chuck Seigel This cover and 3 p C _� VE FI , L P JUN 2 1 2006 I'A E I OUAUTY SECTION ASH EVILLE RF__GIONAL OFFICE 06/21;2006 07:04 8283692215 CHUCK PAGE 02 Mill Creek Estates property Owners,Association Warren Hughes Mill Creek County Club Mr.Hughes: The current situation involving the Wastewater and Sewer system in Mill.Creek Country Club mvOlves around the fact that the POA is vsjlling;to take aver responsibility for the System. We would need the following ite S in order to satisfy not Only the Association, but also the State of North Carolina Division of Water Qu,Oty.The following is a list of the necessary items. A complete and comprehensive set of blueprints that combine all the phases into one. T,e only plans we have,are not As-Auilts,and do not coronet prnperly with one another in an organic fashion as is necessary.You stated that the Association hm received plans m the past.The only plans we lave are construction plans which do not agree with what is in or on the ground. A deed for the Main Lift station area with a recorded description of the surveyed property that is conveyed,the same as we have for the Water Booster station and its building.you have granted an easement then wanted to lease it to us.This is not acceptable. We have an agreement that the Association will maintain these lines and pomp stations, we have honored it it is necessary that a standby Power source should be present and the area around the main lift station be,fenced in order ttr meet Straw Regulations.We do ont feel that we=responsiblo for this as it should have been there from the start. The insmilation of an automatic dialer for mergencies,at Mint Lake Lift Station and fencing if necessary. ne resolution of the situation where a 4"water inain is located directly beneath an 8" sewer line on Cresvemt Ridge Dr.We recently discovered this problem while mWdng repaixs in this vicinity and also have found that it was brought to your attention is 1994 by way of a letter from the Town of Franklin(copy attached). This is a serious violation of regulatioias and constriction practices and is not acceptable, if, in fact,there were As- Built drawings of this installation they would not be accepted by any party involved. A concise document regarding ownership or dedicated easement.for utilities located beneath the Golf Coarse property that indicates perpetuity of aoy related agreements. 06/21,12006 07:04 02B3692215 CHUCK: PAGE 03 We would atso request that a Aced with a sut vey of conveyed prope*he prgvmd that in, the area around the new water storage tams at the end of Reserve Road and that it includes ao access to that site. Whew these request are fd led to the AssociatiOW 9 and the Mates satjisfactiom the Assn Mon will then be willing to have the Operation penmts,and theMVOnsibililRes that go with them transferred to us. 06/21,12005 07:04 8283692215 CHUCK: PAGE 04 70 `Nest Main Street Flank)in, North Carolina 28734 (704) 524-2316 March 24, 1994 Mr. zed fisher Mill Creek Country Clvb P.O. Box 848 Franklin, NC 28734 Dear Sir, This letrer is to call to your attention a situation our Public works crew found i.n late December when they were called to Hill Creek to reoazT a water leak. UThen the water ]_�-ne was exposed to repair the 1 e2k we ;sound a PVC sewer line laying* an top of the water lute. State Health Department rules require that water lines be at least 16 inches above sewer lines and ii they must cross C e se i is requir'e�to be caastruct d with ductile iron pipe. I just thought Z would call this situation to your attention in case there i.s ever a problem or question from the Sate Health 7?partmen`__ S7.LiCeY'e1y: `Lu t Jim Williamson Towu Administrator p.r.. cc: Mr. Beriry Lyle - 4 ���c� � �.`-r - �� s 3 � 6� - � � � W ATFRQ Michael F.Easley,Governor William G.Ross Jr.,Secretary Y North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality June 26, 2006 Mr. Mike Decker, Town Manager Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: West Coventry Development Sewer Service Town of Franklin Macon County Dear Mr. Decker: We view the August 6, 1999 letter from the Town of Franklin to William G. Lapsley, PE as satisfactory evidence that the Town committed to providing sewer service to West Coventry prior to the January 2, 2000 CR Pump Station and force main moratorium. We therefore have no objection to the Town of Franklin offering sewer service to West Coventry projects within the limits of the August 6, 1999 letter. Neither do we have objection to the Macon County Building Inspector's office issuing building permits for West Coventry homes to which the Town of Franklin has sold sewer service. Until further notice the January 2, 2000 Moratorium continues to apply to any other project which would otherwise make use of the CR Pump Station or force main. Please do not hesitate to call Roy Davis at 828-296-4659 should any aspect of this letter require clarification. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Xc: Jack Morgan Terry Sutton West Coventry Letter.06 N thCarolina Noatura!!rff North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper i� j((r I� i kill hee7�,� 7; =Z- �^,RqE /5N� ! 'LAP z� "i i! tl ' 1, i' I( 1 1 �� � I oo. 14 i _ 11 !I JUN-16-2006 12:41 Fr'om:CLRSSIC GMAC 828 369 3823 To:828 299 7843 P.1-16 i m East (-Hickory 1 Wolf Franklin, North Carolina 28734 Terry J. Sutton SINCE 196E OR F. 0.Sax 1811 82a-369-5219 /INC. VAX Franklin,Nr-287,14 Lqy L)kL 14 - nO6 OB � _ - _ � _ _ _ i�{ I��r � � - - ��� i �oo � _ . __ I.. ._ . .q b6_ � L6 � � 0_ C+. C. _ _ _ _ . I.. .... ... . . .. . 1 � 41 � �. �. 5 � z-./ . �. . _ __ _._ .. it � � �, -- ti _ _ _ _ _ ' +- __ �-� _. ,' ,,.,.�-.,,�'- � > boas oo � !f %r ---_- -- ----- -Y = ----_"�-�=�---v-�'`�>'�a��l- -- � �' �----���a w-N-� tom:- - ---:��:.-'t�-►�:i�- - ---- _____----------��_ -- --- --------- ---- ----_ _ _-__ vie--__-___ _ _- -- -- ---------- - ----- -- -- ---- -- -- -- 11 p rlipr ill Yr I I 1 111 �1 e r L. &- tar TRI STATE GLASS INC. ' r Greenville, SC Asheville, NC (864) 233-6311 (828) 667-8889 (800) 922-6874 (800) 874-6508 !. FAX (864) 235-2253 FAX (828) 667-2201 j 1L15 _S 7 2705 POINSETT HWY. - P.O. BOX 4577 ©r • << C b W a r� _ _� db GREENVILLE, SC 29608 300 SARDIS ROAD ASHEVILLE, NC 28806 --- - - - - - _ ,+o +P---- ----- —_ -- --a-- - _ __ _ GALLONS OF WATER USAGE FOR MAY, 2006 UPS 16500 SCC 9900 Macon Co (Maint) 9800 NC National Guard 400 / Macon Co (Incubator) 8600 Duotech Services 12000 Tek Tone 21600 CR Industries 28700 Caterpillar 116000 Caterpillar 182200 Total 405,700 'Tu G P_ _ - - - ---- i OCS ALI PvmP-5 o A�J Lls�l X / 00 III III it �K 1 Q rya I ICL _ r I te a , 5- 6 `°�4� � 0 11 i II � i �? 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O.Q7 0..06 0.05 0.04 ._._ - - - .__ _ - _ _ - Avg Run Time 0 0.02 0.01 0 �o\°�ere ` `t�o�`on `o�13 �o�o��,�o��a�o��o�oP�o�o ®�o� c ' �`c ` Date 0, Mill Creek Main Lift Station Run Time Time Date #1 #2 Total Hours Time Between Readings Avg Run Time Rain (in inches) 9:30 AM 4/14 909.1 925.1 8:20 AM 4/15 909.5 925.7 1.0 25.00 4.00% 9:50 AM 4/16 910.1 926.2 1.1 25.00 4.40% 8:00 AM 4/19 911.5 927.6 2.8 70.00 4.00% 8:00 AM 4/21 912.5 928.6 2.0 52.00 3185% 1:00 PM 4/22 913.1 929.3 1.3 29.00 4.48% 8:30 AM 4/26 914.8 931.0 3.4 91.50 3.72% 1.0 8:00 AM 4/27 915.3 931.4 0.9 23.50 3.83% 0.1 9:00 AM 4/28 915.7 931.8 0.8 25.00 3.20% 10:00 AM 4/30 916.6 932.1 1.2 49.00 2.45% 12:00 PM 5/1 917.2 933.3 1.8 26.00 6.92% 0.1 1:00 PM 5/2 917.7 933.8 1.0 26.00 3.85% 0.6 8:30 AM 5/3 918.1 934.2 0.8 21.50 3.72% 9:00 AM 5/5 918.9 935.0 1.6 48.50 3.30% 9:00,AM 5/7 919.8 935.9 1.8 48.00 3.75% 4:00 PM 5/9 920.8 936.9 2.0 55.00 3.64% 0.8 1:00.PM 5/10 921.2 937.3 0.8 21.00 3.81% 1:00 PM 5/12 921.9 938.0 1.4 48.00 2.92% 3:00 PM 5/13 922.4 938.5 1.0 26.00 3.85% 1.375 10:00 AM 5/14 922.7 938.9 0.7 19.00 3.68% 12:00 PM 5/18 924.5 940.6 3.5 98.00 3.57% 2:00 PM 5/21 925.8 941.9 2.6 74.00 3.51% 2:00 PM 5/23 926.0 942.7 1.0 48.00 2.08% 0.7 10:00 AM 5/25 927.4 943.5 2.2 44.00 5.00% 2:00 PM 5/28 928.9 945.0 3.0 76.00 3.95% 2:00 PM 5/31 930.6 946.7 3.4 72.00 4.72% 2.1 10:00 AM 6/2 931.6 947.7 2.0 44.00 4.55% 8:00 AM 6/3 932.0 948.1 0.8 22.00 3.64% 45.9 1207.0 6.8 3.80% time run in 50 days C �-It c� r— f� (�. A 1117-tom( i ► Y� t m I I 11 I _ I 11 1 II 1I I I ,�'� �j .�/-C7 � %yam -'�--mot Z-.�d- e d � � `i' U--�, .�- - - -� � --- - �. __- _ _ � __ _ i I �.�� �- i � fJ � � Pam- �—r- �� � �� �— � r i - ��� _ - � � - - ._ �I� _ -- - _ - - - _ _ _ _ _ _ _ _ D . � � � 0 � � COWARD, HICKS & SILER, P. A. i ATTORNEYS AT LAW 43 WEST MAIN STREET JUN - 2 2006 III DD FRANKLIN, NORTH CAROLINA P-8734-3005 I I TELEPHONE: (828) 524-6475 WATER QUALITY SECTION FAX: (628) 524-9833 ASHEVILLE REGIONAL OFFICE -- ORVILLE D. COWARD KENT COWARD 1929-1989 ORVILLE D. COWARD, JR. OFFICES IN: RALPH L. HICKS ROBERT F. SILER FRANKLIN, NC J. K. COWARD, JR. SYLVA, NC WILLIAM H. COWARD May 29, 2006 CASHIERS, NC KIMBERLY R. COWARD MONTY C. BECK RICHARD K. WALKER THOMAS R. CRAWFORD HEATHER C. BAKER ANDREW C. BUCKNER Mr. Roy M. Davis Environmental Engineer N.C. Division of Water Quality 2090 U. S. Highway 70 Swarnanoa, NC 28778 Re: Sewer Tap Moratorium West Franklin Town of Franklin Macon County Dear Mr. Davis : My client, Willow View Properties, Inc. , has referred to me your letter of May 10, 2006. Willow View Properties, Inc. is the developer of Mill Creek Development. In response to your letter, the Developer provides the following information: 1 . A copy of the Deed from Mill Creek Golf Club of Franklin, Inc. to Mill Creek Estates Property Owners Ass�ciaticr�; Inc. Association? dared 4 O:ctobe1- 1990 by 1 which the Grantor conveyed to the Association the completed portion of the sewer system of Mill Creek Development as it existed at that time. A more complete description of the system conveyed is set forth in the Deed. Also, the Developer provided to the Association at that time the "As Built" drawings provided by McGill & Associates . 2 . A copy of my letter of August 31, 2001, which details the fact that my client, through me, provided deeds to the Association for further portions of the sewer system as further portions of the sewer system were completed. Although these deeds were provided to the Association in 1991, 2000, and 2001, the Association did not record May 29, 2006 Page Two them. Provided to the Association at that time were the "As Built" drawings provided by McGill & Associates . 3. Copy of the Contract and Agreement between Mill Creek Golf Club of Franklin, Inc. and Mill Creek Estates Property Owners Association, Inc. dated 29 June 1988 . As set forth above, the Developer has provided deeds and "As Built" drawings to the Association as each portion of the total development was completed. Paragraph 6 of the Agreement requires the transfer of "facilities" but does not include the "permits". The Developer remains ready to transfer the permits to the Association if that is your desire. 4 . If you desire, the Developer will provide the Association with a deed for the generator similar to the October 4, 1990 deed for the original lift station. If there are any other items of concern, I would appreciate it if you would address those to me or directly to the Developer. The Developer has customers who want to purchase houses and the Developer is unable to meet their needs until this matter is resolved. I look forward to hearing from you soon. Kindest regards . Yours sincerely, COWARD, HICKS & SILER, P.A. Robert F. Siler RFS/mbn cc Mike Decker Jay Gibson Roger Edwards Jack Vaughn Jeff Bishop McGill & Associates Jack Morgan W:\WILLOWVI\sewer tap maratorium davis ltr.wpd 3 ; COWARD, HICKS & SILER, P. A. �— { ATTORNEYS AT LAW 43 WEST MAIN STREET JUN - 2 2006 i FRANKLIN, NORTH CAROLINA 28734-3005 � TELEPHONE: (828) 524-5475 WATER QUALITY SECTION FAX: (828) 524-9833 LASHEVILLE REGIONAL OFFICE ORVILLE D. COWARD KENT COWARD 1929-1989 ORVILLE D. COWARD, JR. OFFICES IN: RALPH L. HICKS ROBERT F. SILER FRANKLIN, NC J. K. COWARD, JR. SYLVA, NC WILLIAM H. COWARD May 29, 2006 CASHIERS, NC KIMBERLY R. COWARD MONTY C. BECK RICHARD K. WALKER THOMAS R. CRAWFORD HEATHER C. BAKER ANDREW C. BUCKNER Mr. Roy M. Davis Environmental Engineer N.C. Division of Water Quality 2090 U. S. Highway 70 Swannanoa, NC 28778 Re: Sewer Tap Moratorium West Franklin Town of Franklin Macon County Dear Mr. Davis : My client, Willow View Properties, Inc. , has referred to me your letter of May 10, 2006. Willow View Properties, Inc. is the developer of Mill Creek Development. In response to your letter, the Developer provides the following information: 1. A copy of the Deed from Mill Creek Golf Club of Franklin, Inc. to Mill Creek Estates Property Owners Association, Inc. (Association) dated 4 October 1990 by which the Grantor conveyed to the Association the completed portion of the sewer system of Mill Creek Development as it existed at that time. A more complete description of the system conveyed is set forth in the Deed. Also, the Developer provided to the Association at that time the "As Built" drawings provided by McGill & Associates . 2 . A copy of my letter of August 31, 2001, which details the fact that my client, through me, provided deeds to the Association for further portions of the sewer system as further portions of the sewer system were completed. Although these deeds were provided to the Association in 1991, 2000, and 2001, the Association did not record May 29, 2006 Page Two them. Provided to the Association at that time were the "As Built" drawings provided by McGill & Associates . 3. Copy of the Contract and Agreement between Mill 'Creek Golf Club of Franklin, Inc. and Mill Creek Estates Property Owners Association, Inc. dated 29 June 1988 . As set forth above, the Developer has provided deeds and "As Built" drawings to the Association as each portion of the total development was completed. Paragraph 6 of the Agreement requires the transfer of "facilities" but does not include the "permits". The Developer remains ready to transfer the permits to the Association if that is your desire. 4 . If you desire, the Developer will provide the Association with a deed for the generator similar to the October 4, 1990 deed for the original lift station. If there are any other items of concern, I would appreciate it if you would address those to me or directly to the Developer. The Developer has customers who want to purchase houses and the Developer is unable to meet their needs until this matter is resolved. I look forward to hearing from you soon. Kindest regards . Yours sincerely, COWARD, HICKS & SILER, P.A. -�)k4 3 %- A Robert F. Siler RFS/mbn cc Mike Decker Jay Gibson Roger Edwards✓ Jack Vaughn Jeff Bishop McGill & Associates Jack Morgan W:\WILLOWVI\sewer tap maratorium davis ltr.wpd I ri4'.l�t.r•�rt�y'' i "� �,•�•.'v'ifr 1' .r 4r r t �•• HIS INSTRUMENT PREPARED BY: NORTH CAROLINA ROBERT F. SILER MACON COUNTY SILER S CLARK, P.A. 8 IOTLA STREET �1 - �L Presented for Registration and FRANKLIN, NORTH CARD A 2 34 ---- --- _l recorded in the Office of the Register of Deeds for Macon :•� I aunty, North Ca lino, in Book J U N - 2 2006 ; IJ �,d°ygo! _ ' I 19 , at M. Ar•r rri\ r �J WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE T S WORTH CAROLINA SPECIAL WARRANTY DEED J THIS DEED, made this. the 4th day of October, 1990, by and between MILL CREEK GOLF CLUB OF A FRANKLIN, INC.., a North Carolina Corporation with its principal place of business in Franklin, Macon County, North Carolina, the GRANTOR, and MILL CREEK ESTATES PROPERTY OWNERS' ASSOCIATION, INC., of Macon County, North Carolina, the GRANTEE. (The designation Grantor and Grantee an used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context.) \: WITNESSETH, that the Grantor, in consideration of Ten Dollars and Other Valuable Consideration ($10.00 OVC), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, and convey unto the Grantee, in fee simple, all that certain lot or parcel of, land situated in Cartoogechayo Township, Macon County, State of North Carolina, and being more particularly described am follows: a The completed portion of the sewer system in Mill Creek Development, consisting of the sewer pipelines running to the lots in Mill Creek Estates, Phase II, :! Sections I, II, and III1 Mill Creek Estates, Mountain Vistasl Mill Creek Estates, Golf Villast (plats of each portion referred to above are recorded in the Macon y County Land Registry) and other portions of the Development in which said pipelines have been constructed and completed, any and all lift and pumping jM1\ stations, and related equipment, together with an easement for the repair and maintenance of said pipelines, including the easements reserved in the applicable Declaration of Restrictive covenants for the various portions 'of Mill Creek Development above referred to, which•Declarations are recorded in the Macon County Land Registry. This conveyance is made subject to the rights of the Grantor to use the sewer system described above in common with the Grantee's members and all others who now have or may hereafter acquire the right to use the same, together with the right of the Grantor to connect additional pipelines and related facilities which may be constructed by the Grantor in the future to the system hereby conveyed. •a The Grantor specifically reserves and retains the right to convey to purchasers of property from the Grantor and any purchasers of property which may be developed by the Grantor in the future the right to use the'sewer system hereby conveyed, and any addition or connection thereto which may be constructed by the Grantor in the future. Thin conveyance shall in no way restrict or impair the right of the Grantor herein to construct and install additional newer pipelines and to interconnect any and all such pipelines with the sewer pipelines hereby conveyed, for the purpose of providing sewer hook-up rights to the Town of Franklin sewer system .; for other properties which the Grantor may develop in the future. By acceptance of thin conveyance, which acceptance is conclusively presumed by the recordation of this document, the Grantee agrees to maintain all of the water system hereby conveyed and to bear all canto in connection therewith. To HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, subject to the exceptions herein enumerated. and, subject to the exceptions herein enumerated, the Grantor covenants with the Grantee, that it has not placed or suffered to be placed any presently existing lien or encumbrance on the.property described above and that It willwarrant and defend the title to the same BOOK�1.�••�(1 ti PAGE(S) �rlc'?5[*,�c'�l'J.•�` y r) � ,�:•,`,i�i'�;!! r �J.tr i�.i�;1k• . dl�.R �,j.v\ 50 V!%r r9 fi�•�• :nrt`r ' •i ti.+�•r j, r J}'� 41 T'tf.: r• f '' 10 rt'':.v�1k •r�1L �C'" ti. "Y y �� r1:• rt •� S V�1'. � YT�. '4:+=it�i.<,� ►�{di_ti7}n�i11�.21i11�Ati !� �}..l'Irt��Y.d.l'L.:�^'�:t:r?r;�lL'rir.3Srr�i4.St�:S:efx�..:.. .'.�riid:�'a�7+�?Y�r. l(arT1r_ against the lawful claims of all persons claiming by, through, under or on account of it, but no further. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. MILL CREEK GGO F CLUB F KLIN, INC. 7an p•`'`.�CI......... Syi .proe t ATTE �:�;V,�:i� .c!'�t1,y':�� NORTH CASYOLLA'91�;55' I MACON COUNTY'';'•.': I, a Notary public of the County and State aforastid, certify that SUE D. ROSS perecna'.ly came before me this day and acknowledged"that she in secretary of HILL CREEK GOLF CLUB 1UF FRANKLINof the corporat North ion, the foregoing inst ument d was signed i that by on its name by its President,te Bled with its corporate seal and attested by her as its Secretary. WITNESS my Official, offioial stamp or seal, this y. day of 19 .•ark ,,CAMP Dp� 06 I o ary Pu c S fte Lr'Q 9}A4S My commission expirGot L� STATE OF INA � COUNTY OF MACON e foregoing certificates) of r is re cart figd to be correc Th a natrument an a cart to are u y rag stets on s the =1 �of H., n Soo ay " Page 9 at o'clock, ii `IST OF PEED MA ON ¢PUNT J`y �I �h •^T{ �I r .. +�,�T�w/ww.;s•nw-raM1,lT,M_i,..T.•-1.�-..`+�` RY.L`�.. . ._ . ... ....... :i.•+•'�'.:.. .k.n+:.:.:e:,'w�'aster.•"r.:„5::. ....'a:: .. .... ..:,,t.::lT:':':.,'.�, . �2GG. F " I. Wry W V _0 48 INSTRUMENT PREPARED BYe NORTH CAROLINA ROBERT F. BILER MACON COUNTY SILER 4 CLARK, P.A. 8 IOTLA STREET Presented for Registration and FRANKLIN, NORTH CAROLINA 28734 recorded in the Office of the Register of Deeds for Macon ounty, North Ca olina, in Book ` 'day Page of , 19 M. NORTH CAROLINA SPECIAL WARRANTY DEED 1 THIS DEED, made this the 4th day of October, 1990, by and between MILL CREEK GOLF CLUB OF FRANKLIN, INC., a North Carolina Corporation with its principal place of business in Franklin, Macon County, North Carolina, the GRANTOR, and HILL CREEK ESTATES PROPERTY owNzRS' ASSOCIATION, INC., of Macon County, North Carolina, the GRANTEE. (The designation Grantor and Grantee as used herein shall include said parties, their heirs, succeseore, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context.) WITNESSETH, that the Grantor, in consideration of Ten Dollars and Other Valuable Consideration ($10.00 OVC), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, and convey unto the Grantee, in fee simple, j, all that certain lot or parcel of land situated in Cartoogechaya Township, Macon county, State of North Carolina, and being more particularly described as follows: The completed portion of the sewer system in Mill Creek Development, consisting of the sewer pipelines running to the lots in Hill Creek Estates, Phase II, Sections I, II, and III; Hill Creek Estates, Mountain Vistas; Hill Creek Estates, Golf Villas] (plate of each portion referred to above are recorded in the Macon i County Land Registry) and other portions 'of the Development in which said `•' pipelines have been constructed and completed, any and all lift and pumping ' station:a, and related equipment, together with an easement for the repair and maintennce of said pipelines, including the easements reservid in the applicable Declaration of Restrictive Covenants for the various portions 'of Mill Creek Development above referred to, which•DeclaratLone are recorded in the Macon County Land Registry. This conveyance is made subject to the rights of the Grantor to use the sewer system described above in common with the Grantee's members and all others who now have or may hereafter acquire the right to use the same, together with the right of the Grantor to connect additional pipelines and related facilities which may be constructed by the Grantor in the future to the system hereby conveyed. .a The Grantor specifically reserves and retains the right to convey to purchasers of property from the Grantor and any purchasers of property which may be developed by the Grantor.in the future the right to use the•sewer system hereby conveyed, and any addition or connection thereto which may be constructed by the Grantor in the future. This conveyance shall in no way restrict or impair the right of the Grantor herein to construct and install additional sewer pipelines and to interconnect any and all such pipelines with the sewer pipelines hereby conveyed, for the purpose of providing sewer hook-up rights to the Town of Franklin sewer system for other proportion which the Grantor may develop in the future. By acceptance of this conveyance, which acceptance•is conclusively presumed by the recordation of this document, the Grantee agrees to maintain all of the water system hereby conveyed and to bear all costs in connection therewith. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenance: thereto belonging to the Grantee in fee simple, subject to the exceptions herein enumerated. and, subject to the exceptions herein enumerated, the-Grantor covenants with the Grantee, that it has not placed or suffered to be placed any presently existing lien or encumbrance on the property described above and that It will warrant and defend the title to the same BOOKS C1 PAGE rX ••`?��;:!` 4'6yt^j' � :•b9JY�S_':y .ka'�.'d'+. d�{y� �}v l' 1'��lary'I, r ` 73•'!•�b'� :� i. .�}�:. �'�'i1`:1�i r 1� tVC S C W`` l�.rR,� i' �i� �y�t�;y.r +.. � �• �1:.. 94j R a �� 1'.• d �j ���•,�' f! °,v==ij,i.r'• '1 : S �.�' ! l' °;��: '�}� �i,!4 r. ��{ C�,M �1. "Y•yet �. i i �1 i U • �.. • .nil �.n%`h3.6):l�}biAf�rli4r!tvrty r�z/i. 7r.{E�1':dLl 4i •:Ke:4:.'f1GiT�:S. :'�i�.�..fil.3Sra�tlPt.Y'�(8�..•.a s�b4i7:i�.ia fu'•�!7451., .l�K Yl:-07s \' ..ul'h.s�rJ!+m�:. •4 A..n' i• against the lawful claims of all persona claiming by, through, under or on account of it, but no further. IN WITNESS WHEREOF, the Grantor has caused thin instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of Its Board of Directors, the day and year firat above written. MILL CRFEK/CO F ��KLIN, INC. '.}� . rSysra®� s. .. a bCary NORTH CASYOTtZNA�;���` MACON COUNTY''i lic and state came before mebthisodayhandoacknowl dged.thatoshetin,Sscretarytoft SUE D-MiLL CREEKSGOLFrCLUB~uF off the cFRANKLINorporation,orth Carolina the foregoing Instrument and that signed by n ite autho ityame u !gi pro and an the s sled with its corporate seal and attested by her as its Secretary. WITNESS `PhMA,.4p, official stamp or seal, this f y. day of 7� • 4 i 1990. My commission expirest Y" �LIC n STATE OF N0"M!11- OLINA COUNTY OF MACON e foregoing certificates) of r is re cart figd to be eorrec T e nstrument an s cart to are u y rag stare on L e the ay og M. n Boo page 9 nt o'clock, e� IST OF DEED ASA ON qOUNT !q } 5 • r�k • �F / t1 a;• .. !+rw�a.'Tt�rt�;'..;rl..��,••.ww,ww-� cr r-•�a.;• \;`M��D fi_';ioZ1 .. .... .. ..x'• :i..r ti•':r: L•drr..cia: ....'t:•.t. ..:•>.:....i:.:d.i.::�:�:::a.rr�+'.. •a,• t+.•••r•n+.•.+ lfi] LL,F, j.-M.t?!,,'I 3. 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IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. MILL CREEK Go F CLUB�F iKLIN, INC. By AT ,f p:{s®C wry • NORTH MACON COUNTY'• :,• a Notary lic and Came before mebthieodayhandoacknowledged"thatosheaLe,SecretarytoftHILL CREEK SGOLFrCLUislVF FRANKLIN, INC., a North Carolina corporation, and that by authority duly given and ae the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its cbrporate seal and attested by her as its Secretary. WITNESS my�%M6j,gp�d,,official stamp or seal, this G('). day of y� '�.�. , 1990; w�QA�i� r NAP O o ary Pu c My commission expires a is , STATE OF N01��fY��AOLINA COUNTY OF MACON e for certificate(s) of ie re cart find to be orcrfec T e netrument an sac rt , to are u y rag store one e the �1 H. n Boo Page 9 o'clock, y,• IST OF DEED MA ON jO[INT { R rk ,f 10.�57 44Y� 11ryi • r .�,. �a,"'tY.!t'.i�.Ri:'-�,�. .w.pw- r•ri..,'-•.^�'I.!;^n�`t••�^,4t'r:'�+�v;w.�..s.•q..,}� ^�!•7 .. ...- .... .. .... i..s•'Cj.•,... .1v.?.t.:.:u�•�:':clr+".tii.1::.,...'2:... .. -...i...:da'.,::.::.".:� �r ti t J. MaY•26. 2006 9:51AM No-4401 P. 2 MAY 2 5 2006 s ' 1V1Q .. � LLATER C�UALITY SECTIC,Vy2, _HEVILLE RE�IONA_ F- c � Mr. R.oy Davis Environmental Enginem NC Division of Water Qwility 2090 U.S. Highway 70 Swannanoa, NC 28778 RR: Sewer Tap Moratorium West 1♦'�ranklin Town of Franklin, Macon County Deter Mr.Davis: 'Phis leti;e.r it in response to your letter to Jack Morgan, Macon County Code Administrrator, dated May 10, 2006, regarding the sewer moratorium -. that has been in place on the west side of the Town or Franklin's sewer system sinceJanuary of 2000. As you indicated in your letter, that moratorium resulted from "repeated sewage overflows from the CR Sewage Pumping Station belonging to the Town of Franklin." Your letter also requested that I provide you with details of improvements to that pump station and the history of its performance since the moratorium began. Allow me to address the history question first. in checking our files, including records of ,Collection System Sanitary Sewer Overflow Reporting Forms, Sewage Spill Response ,Evaluations and our Collection System Perinrmance Annual Reports dating buck to FY 2001-2002, there have been no overflows at the CR pump station since November 20, 2000. Not lung after that particular incident, major improvements were made to the pump station. A new pump was installed, and the town has kept a spare on hand in rase of problems. As a.result, we have gone five and a half years witbout having a reportable incident involving this location. Mav •26. 2006 0:51AM No•4401 P. 3 As to another request in your letter, I have asked Jeff Bishop with McGill Associates in Asheville to send you a.copy of a study done by that firm Page 2 relating to the capacity of the force main that serves the area west of town. Mr. Bishop indicated to me that he would send that report directly to you. Based on the information provided above, the Town of Franklin would respectfully ask that the Division of Water Quality consider lifting this moratorium as soon as possible. If you need additional information, please do not heszi(Ai te to contact me at (828) 524-2 5l 6 or via a-mail at mdecker@franldinnc.com, and I am certain that Mr. Bishop will assist you in any way possible, and he can be reached at (828) 524-0575. Thank you very much for your interest in this matter, and on behalf of our mayor and aldermen, i appreciate any assistance that you could provide in having this moratorium lifted. Sincerely, Mike Decker Town Adminitatrator CC: Franklin Board of.Aldermen Mayor Collins Mr.Jay Gibson, Public Works Director Mr.Jeff Bishop,McGill Associates Mr.Jack Morgan,Macon County Code Administrator May-N. 2005 9:51AM No•4401 P. 1 ; .,�, s ' MAY 2 5 2006 tuft of*nAft ._ 1 189 West Main Street I WATER QUi=,1-1 T Y SEC T IMi l 4 ranidin,North Carolina 28734 �� Ac EVILLE RE( in',=L r (828)524-251 6 _ _. .----_ FACSIMILE COVER SHFET !"his is page ] of pages. FROM; FAX# 828-524-4540 PHONE#828-524�25I b COMPANY: If you do not rcceiva all of the pages indicated,plcase call our office as soon m possible and give notice of pages that are missing,garbled or otherwise not received.. 1C• /''terra- ' r r`tr�,•� 05/23,12006 13:33 B283692215 CHUCK: PAGE 01 FAX From Chuck Seigel 99 MAlbrook Heights Franklin N.C.28734 Ph&Fax 828-369-2215 Date: 5-23-06 To:Roy Davis FAX#829-299-7043 RE:Mill Creek Fstates POA MoMmium situation Roy:Enclosed is a draft of s.letter that will be 9*09 to Rfaixen Hughes.Please check it over mid see if it needs anythimg else done to satisfy the State. Z will be out of town for a few days and you contact Jack Vaughan,P sident of the .Association at 828-524-7151 'hanks Thus cover and 2 F E C E �j R MAY 2 3 2006 L__f, WATER QUALITY SECTION { ASHEVILLE REGIONAL OFFICE__ 05/23/2006 13:33 8283692215 CHUCK PAGE 02 DRAFT JONES, MY, MELVIN & P.A►.TrON, PA. ATMRNEYS AND COUNSELORS,AT IAW 61 T HMN MEET pRoplISSIONAL BIDS.SUITE 3 FiRAjiK [N, NC 20734 SOUTH MUM P.O.BOX 604 TEL A28.8Z0 4444 MrHLANDS,N.C. 28741 PAX M-360-7943 LCEI-818-526-3767, RICHARD s.)ONBS,JR- FAX aZA-52b a76.3 GEO.it,JONES 1676-1906 BOI3$YJ.TCETf G. LYL14JONESt906•1920 i2ICHARD I�113LV1N 45m mgR A.JONES 1918-I9W R10 LAwRgNCC M.PATT�ON.JR, I1�p 5.)ONES 14�x9T2 PREO H.)QN96 eHEsTER M.JONES PI EASE REPLY TOf h..•kl..Of{ioe CANII.A).VRIGHT e.�wai1 rnjonae[�rnvAaul GREGORY E.DOYER )ENNIFER BERGERPROWN May 22,200606 Mr.Warren Hughes Mill Creels Resort&Country Club P. O.Box 659 Franklin,NC 28744 Dear Mr-Hughes- I met with a Committee ofthe Board of Directors of Mill Creels Estates property Owners Association last week to discuss the status of the Mill Creek Water and Wastewater Systems. I understand that you and the Board have bad some on-going discussions about these mattms. It is my understanding that these discussions related to certain requirements ofthe State ofNorth Carolinathat hadnot been wet and that the Property Owners'Association has been waiting for a response from you since late last year. The Property Owners'Association leas been advised that the North Carolina Division of Water Quality of the North Carolina Department of Environment and Natural Resources has asked for a delay in the issuance of any construction permits for the Mill Creek area until these problems are resolved. The Property owners'Association wEMts to assist in anyway possible to remove these on- going concerns and, in an effort to expedite that,i wish to itemize those issues which I understand are on-going. These are: I. The systems must be.brought up to current requirements of the State of North Carolina and an Engineer must certify to those conditions. 2 A generator and all necessary components must be installed at the main lift station to make a viable emergency stand-by system. The area must be properly fenced and protected. 3. An automatic alarm dialer at the Mint Lake Lift Station must be installed. 4. There must be presented to the State a complete set of"as-built plans"for the water and sewer.systems-not the Preliminary or Constlruction prints which=presently in existence. M AY 2 3 2006 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 05/23/2006 13:33 8283692215 CHUCK: PAGE 03 Mr. Warren Hughes May 22,2006 Page Two: 5. Appropriate documentation should be created to make possible the recording of legal rights of way,access easements to and repair rights to the existing sewer lines under the golf course. 6. l,,egally sufficient documentation for the Iocation of all facilities related to the sewer and water systems,including the lift stations,reservoir tanks,etc.which are now in existence. 7. The operating permits must be assigned to the Property Owners Association. S. Pressure testing reports and disinfection records of the 4-inch water main serving the Ridgecrest area must be completed. The Board of Directors of Mill Creep Estates Property Owners'Association has asked tJaat I assure you of their willingness to accept the water and wastewater sewage systems once the above issues have been resolved and will accept the appropriate Deeds ofConveyance for the systems as required by the Division of Water Quality. 'fire Hoard has further askedthat I advise you that the Property Owners'Association does not expect to be charged for,nor be asked to contribute to the cost of complying with the above requirements since they are Developer required actions. Please let me know what);can do to assist in accomplishing this turn-.over. Very truly yours, JONES,KEY,MELVIN&PATTON,P.A. R. S.Jones,Jr. RSJ/mj i M MU Of .Yrnu li r J u N - 9 goo i 6 188 West Main Street �ranklin,North Carolina 28734 VJATE R'C V-JJ T Y .— (828) 524-2516 ' i iO`� ASI,E1 II_LE ;c,p,� i May 22, 2006 Mr. Roy Davis Environmental Engineer NC Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Sewer Tap Moratorium West Franklin Town of Franklin, Macon County Dear Mr. Davis: This letter is in response to your letter to Jack Morgan, Macon County Code Administrator, dated May 10, 2006, regarding the sewer moratorium that has been in place on the west side of the Town of Franklin's sewer system since January of 2000. As you indicated in your letter, that moratorium resulted from "repeated sewage overflows from the CR Sewage Pumping Station belonging to the Town of Franklin." Your letter also requested that I provide you with details of improvements to that pump station and the history of its performance since the moratorium began. Allow me to address the history question first. In checking our files, including records of Collection System Sanitary Sewer Overflow Reporting Forms, Sewage Spill Response Evaluations and our Collection System Performance Annual Reports dating back to FY 2001-2002, there have been no overflows at the CR pump station since November 20, 2000. Not long after that particular incident, major improvements were made to the pump station. A new pump was installed, and the town has kept a spare on hand in case of problems. As a result, we have gone five and a half years without having a reportable incident involving this location. Page 2 As to another request in your letter, I have asked Jeff Bishop with McGill Associates in Asheville to send you a copy of a study done by that firm relating to the capacity of the force main that serves the area west of town. Mr. Bishop indicated to me that he would send that report directly to you. Based on the information provided above, the Town of Franklin would respectfully ask that the Division of Water Quality consider lifting this moratorium as soon as possible. If you need additional information, please do not hesitate to contact me at (828) 524-2516 or via e-mail at mdecker@franklinnc.com, and I am certain that Mr. Bishop will assist you in any way possible, and he can be reached at (828) 252-0575. Thank you very much for your interest in this matter, and on behalf of our mayor and aldermen, I appreciate any assistance that you could provide in having this moratorium lifted. Sincerely, 'j, 2'�' Mike Decker Town Administrator CC: Franklin Board of Aldermen Mayor Collins Mr. Jay Gibson, Public Works Director Mr. Jeff Bishop, McGill Associates Mr. Jack Morgan, Macon County Code Administrator ,�y.MsjQKa.'tliV'MF'in Hp +y� G(Y+.b r'WhP .i'l AaaC %u'.'Y t• .1� r. •k.� it„i+:i �..�Y,v'.'@`i6G'I (f' yr�� .4'>t7 ifJ .: i. *ROM :MILL CREEK FAX NO. :828 349 0458 MAY 2 2 2006 r �J (p .. _..__._ ...�_ V.._ ILL P.O. Box 659 Fran n, NC 28744 Bate: To: � ! -------------- Fax lumber; - 7Q Phone: From: NMI Creek Resort CotmtryCilib Fax `umber: (828) 3.49-0458. Phone: (828) 524-6458 130 Number of pages; 1 of nrluding cover sheet) -NFROM :MILL CREEK FAX NO. :828 349 0458 May. 22 2006 09:48AM P2 I • :a'•x � .r 5. HS8 INSTRUHM PAC$AR&D Byt NORTH CAROLINA ROHHRT F. NILRR MACON COUNTY Oz. =R S CLA$K■ P.A. a Iowa STRIST prevented for Reglatratlon and BRR?gkLINr NORTH CAROLINR 20734 "d*rded :in the Office of the Register of aaada for Macon onctty, Ncpxth t= llna In BookPogo t o'a na K. Nomm chV =.IMMA RP== wAktlAlw DIUM i TRis imeo, mach thin the 4th day of Oataborp 1494, by and between KILL CR=r, OoLF cLUB OF PRM)tLxtt, lac., a North Carolina Corporation with Ste prinelpal place of buslneao in Franklits, Macon County, North CaxoUna, the GRANTOR, and,NSLL Cam(USTA1'RS DROpERTY OWN$R8' ANBOCIATZCN, INC., of HAvari County, North Carolina, the ORANTER. (mha daaignation Grantor and Oranteo as used horein shall includs amid parties, their hairs, succannars, and asoigna, and ahali Lon).gda dinguiar, plural, masculira, fsminina, or neutex no required by context.) {rzflx4 NTM, that tshe Grantor, in O0nsidOrakion of Ton Dollura and Other valuable ,} consideration (010.00 oval, the receipt of which is hereby acknowledged, has bargained and cold, and by these preftodts does bargain, Poll, and convey unto tha GraYftee, in fee aimpls, aU that certain lot or parcel of land H4t:uat6d in C4rtoogeahayn Township, Haoan County, Ntata of North Carolina, and baing morn particularly deacrJ32ed as fc).Lowa: The completed portion of the ewer eyeten in Mill Creek Devalopment, 4onsiating �. of the eewsr p#.peltnaa running to the Iota in M111 Creek Eatatear phase IX, :k Sopt:Logs X, SI, and IIL1 Ktli Crook Estates, HouOtain vintast Kill Cron)t Sot ateµ, call villas? (pinta of each portion Warred to sbavo are XaCerdod in the Macau 's county Land xagistry) and okhar portions of the Dnvelopment in wh!,ah said �r pipaUftos have boon sonatruated and completed, any and all lilt and pumping stations, and related equipment, together with an aaaament for the 2%pair and maintenance of said(pipelines, inaludinq the aanamante xenesvad to the applicable Declaration of Reetriativo Covenants fox the various "whlonn *f Kill Crack bavelopmant above referred top which•Declarations are retarded in the Haudik County Lend xepietry. vhta conveyance is made oub�eot to the rights of the Grantor to use the nnwos eynton doaoribed above in cam=n with the Orantools members and all ethers who now have or may hereafter gaquire the right to wve the some, togather with the right at the Grantor to connects addit).onal pip411naa and related facikitiea whloh ,pay be constructed by the cxattor in the future td the) system haraby conveyed. The grantor apeailial;XXy romarvsn and retain the right to convey ttD purQhetenxe of property from the Crantor and any purchaoara of property which may be developed by the Grantor in the future the right to use the"newer sxsten hereby Conveyed, and any addition or aonnoetion kheret:e which,pay ba oonetrudtad by the Grantor in the future. .� Thin sonvoyanee aha11 is no way rosttiot Or tmpaix the right of the Grantor herein to 4gnatmuck and inatall additional, newer pipaii,neo and to interconnect any and all ouch pipelineH-with the mewov $1pelinoe hereby conveyed, for the purpose of providing oatmr hook-up rights to the Town of 8rankiin power ayatmn for other lropertiaa which the Grantor any develop Xa the future. By accestanee of this conveyance, which acceptantm in ooncluoiveiv presumed by the recordation of this document, the Grantee agrees to m4intai4 all of the water eyatem hereby conveyed and to bear all caste in Connection therewith. To SAvn Ann To now the aforeeRid lot or pardn). of land and all priviiecdeu and "Urtenanoee thereto polonging to the orantse in fen QiRVI-Gr unbfoat to tho exceptiona harain anumarated. and, aubfect to the exaeptionn herein anumeratodp the grantor covenants with the Grantee, that it has not Placed or sultared to be placed any preventey oxist:irtg lien or ancumbxanao b.+ t l+b,ps4HarCy dopnf'ibad aboyb &V%d k;1pt ItL will warn&nt and defend the title to the aapta BGOK w , .,47:1r�f4iTF de• 6 ,7iA _.. A _ _ Jai �. a ,:a3t_. v �,�: - - LL'�1.:Q:Ni+.C'•��i:�..:n..+:��:ut.,='may'.!" -strak'���......%.:lal�:jw:.�.ai.:�?y •y < r Z. —.q ebwaYn iae box d n as* ®110' ;o Au sv n tl2Yna aq o�yi g� pl a •sa fo)e4Vo7aaau;65aso� R02VH A() >ixppo¢7 frx>t.,wS .nrw,)u ao asyss Y: A`.4It n !y 1]zed ++r a nil dxf y- �yw �IIS� R �I . 72P"'-7 -Tmq 'I", no dargao Te7b73Je p "p���Ato ssSt�Lid! 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In the case of the Sutton & Sons request I need to review our moratorium and in the case of the request relating to Mill Creek I request that you delay suing construction permits for the reason that I am hearing disturbing reports that the developer(s) have not provided a permanent easement or other ownership arrangements to the Property Owners Association (POA) for the entire sewer system including the pump station. Again, I want to review our moratorium as it relates to the Mill Creek area. Our January 2, 2000 moratorium, directed to the Town of Franklin, resulted from repeated sewage overflows from the CR Sewage Pumping Station belonging to the Town of Franklin. I understand that improvements have been made to the pumping station with the result that overflows no longer occur at that location. By copy of this letter.) am asking that Mike Decker, Town Manager, inform me in detail of those improvements and of the history of overflows since implementing those improvements. I have already asked Jeff Bishop with McGill & Associates to send me a copy of the study relating to determining the capacity of the force main serving the area west of Franklin. I would like to receive both of these pieces of information as soon as possible. With regards to the Mill Creek area I understand that the developer(s) have not deeded easements for the sewer system to the Property Owners Association, including the land the sewage pumping station sits on. Until the deeding of easements for the sewer system occurs I will not be assured of the ability of the POA to properly maintain the system. There is also the issue that permits issued by the North Carolina Department of Environment and Natural Resources for the construction and operation of the sewer system have not been transferred to the POA. Failure to transfer the permits might result in operations and maintenance problems for the system. The question of the surplus capacity of the force main carrying the sewage from the Mill creek area has implications for this roject as well. Noe Carolina Ntura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper OF W ATF Michael F.Easley,Governor �jjwai��6�ca, y, William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources � 1, 1:rt. t lS^W s.a,�i{�'::i. �� � i• Alan W.Klimek P.E.Director . f vision of Quality May 10, 2006 C Mr. Jack Morgan Code Administrator Macon County Code Enforcement 1834 Lake Side Drive Franklin,. North Carolina 28734 Subject: Sewer Tap Moratorium West Franklin Town of Franklin Macon County Dear Mr. Morgan: This is to confirm my two recent requests that you delay issuance of construction permits for buildings proposed in the area west of Franklin. In the case of the Sutton & Sons request I need to review our moratorium and in the case of the request relating to Mill Creek I request that you delay suing construction permits for the reason that I am hearing disturbing reports that the developer(s) ..-ve not provided a permanent easement or other ownership arrangements to the Property Owners Association (POA) for the entire sewer system including the pump station. Again,l want to review our moratorium as it relates to the Mill Creek area.' Our January 2, 2000 moratorium, directed to the Town of Franklin, resulted from repeated sewage overflows from the CR Sewage Pumping Station belonging to the Town of Franklin. I understand that improvements have been made to the pumping station with the result that overflows no longer occur at that location. By copy of this letter I am asking that Mike Decker, Town Manager, inform me in detail of those improvements and of the history of overflows since implementing those improvements. I have already asked Jeff Bishop with McGill & Associates to send me a copy of the study relating to determining the capacity of the force main serving the area west of Franklin. I would like to receive both of these pieces of information as soon as possible. With regards to the Mill Creek area I understand that the developer(s) have not deeded easements for the sewer system to the Property Owners Association, including the land the sewage pumping station sits on. Until the deeding of easements for the sewer system occurs l will not be assured of the ability of the POA to properly maintain the system. There is also the issue that permits issued by the North Carolina Department of Environment and Natural Resources for the construction and operation of the sewer system have not been transferred to the POA. Failure to transfer the permits might result in operations and maintenance problems for the system. The question of the surplus capacity of the force main carrying the sewage from the Mill creek area has implications for this --?ject as well. No thCarolina �l1tllC�l��tf North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper I look forward to receiving the requested information. Likewise I look forward to discussing this matter. Please do not hesitate to call me at 828-296-4659 Sincerely, Roy M. Davis Environmental Engineer Xc: Mike Decker, Town of Franklin Jay Gibson, Town of Franklin Roger Edwards, Surface Water Protection, ARO Jeff Bishop, McGill& Associates Jack Vaughn, Mill Creek Estates POA Chuck Seigel, POA, System Operator Scott Fisher, Willow View Properties JackMorgan Letter.06 building pernuts Subject: building permits From: "Jack Morgan" <jmorgan@maconnc.org> Date: Tue, 9 May 2006 13:02:19 -0400 To: "'Roy Davis"' <Roy.Davis@ncmail.net> CC: <rmoorefield@maconnc.org> Roy if you would please, at our county attorney's request, verify by email that you have requested that I not issue building permits to Scott Fischer for"Woodland Villas" phase two, and also not to issue a permit to Sutton and Son, West Coventry Drive (SJO Prop. LLC) until I receive authorization from you. Thanks, Jack Morgan 1 of 1 5/10/2006 8:14 AM ,III ICI ji i' y� \T 04/12,12006 14:58 82B3692215 CHUCK. PAGE 01 i FAX From C1B Services Chuck Seigel 89 Millbrook Fie'&S Franklin N,C.28734. Ph&Fox 928-369-2215 Date-4-12-0 To:NCDFR FAX#828-299-7043 ,,ATM. Ray Davis RE:Mill Creek'Estates POA Lift Station Enclosed is a copy of the letter from the owner of.the Mill Creek Golf Course. It is in response to our Mquest for a small portioa of property in addition to what we thought we had control of,in order to install a stand-ry generator and fencing,to come in compliance with State Regulations.We bave found that the Association leas no owner- ship of any of the property where the Lift Swfion is located and the Development Corporation still has ownership.At this time if we,the POA,do not own or have control of the property or equipment we feel that the developer should either gmt a suitable easement r r transfer ownership before we expend our funds to mprove and btmg this syswm hxto compliance.The operating pit for this system is not in.the MAN name which leads us to believe that the Developer is still responsible.If they am not willing to transfer ownersWp of the entire sysWm,indu>< og deeded easements to access the sewer lines beneath the Golf Course we will not be interested in gauging responsibility of operation of this systm Thanks; Chuck Seigel Systxn OperatDr cc:file, Jack Vaugbaa, Pros.Mill Creek POA APR 1 .3 2006 }' WA-TER QLIALITI�SECTION ASHEVILLE REGIONAL OFFICE 04/12,12066 14:58 8283692215 CHUCK PAGE 02 MILLCRaK - o-m Rewrt&Coaafty C110 March 29,2006 1VJr.Jack Vaughan lk+lil3.Creek Estates Homeowners Association 93 Coun"Club D-dve Flrankliux,North Cooliva 28734 Dear rack.: T received yow letter dated March 24,2006 today. Please feel free to start your process at anytime you wish- 1 will be back in Frafklm on Tuesday,April 4,2006,and will have Joe Collins prepare a lease On a YeOr to year basis for$1.00 subject to Xmewal. This lease will requixe feucmg on your pam ubmbbexy to keep the areft attractive anal Chuck Seigel talking to Scott or mysclf about any pmblenns before going to any regulatory agency. This lease will also include a.pmvisiaa forthe bomeowters to mdeumify Mill Greek Golf Club of)Franklin,Inc. for any dame or fines that would be incurred. Feel£cue to move froward and hapsfully we will have tlLs by e u rly next week_ Sincerely, I Warren Hughes APR 1 3 2006 WATER QUALITY SEC.16-N ASHEVILLE REP,IONAL OFFICE P.o ,pox 659 Fr=kjiir,NC 28 144 (828)52"45S (800)53339,16 Michael F.Easley,Governor -�k� William G.Ross Jr.,Secretary G Q North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality March 9, 2006 Mr. Sam Greenwood, County Manager County of Macon 5 West Main Street Franklin,North Carolina 28734 SUBJECT: Approval -Macon County Engineering Report (Revised January 2006) Little Tennessee River/Cartoogechaye Creek Sewer Line and Wastewater Reuse System Project Nos. E-SRG-T-02-0134 and E-SRL-T-02-0051 Dear Mr. Greenwood: The Construction Grants and Loans Section of the Division of Water Quality has completed its review of the Macon County Preliminary Engineering Report. The project consists of construction of new gravity sewers, a new pump station at the Macon County Industrial Park, and an effluent re-use system. The proposed project includes construction of 3,1 Q0 � f daarriter lf-. �; �'i aalrnet-r .serex 9+( l.f. 1 -:zmc'1 iarrtle er sewer, d 1.I5 8�ilh1=arreter sevem; 2 `l'�laz per zJjsrut p�arn station a,;, 1-,0' ! 'ca. a-izac n farce 7777i61, and a 165,000-gallon per day effluent reuse system that consists of ate iary filter unit, an effluent pump station, 4,240 l.f, of 8-inch force main to the spray irrigation fields, 10,2001.f. of spray irrigation piping, and monitoring and control components. The subject Macon County Engineering Report is hereby approved. The project was reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Comments that were made by N. C. Emergency Management during the review are attached. Because of the nature of the comments no response is needed. However, the comments should be taken into consideration in the project development. Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 l�TOrthCarOlina Phone:919-733-6900/FAX:919-715-6229/Internet:www.nccgi.net /®® An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally A Mr. Sam Greenwood, County Manager Page 2 March 9, 2006 If you have any questions concerning this matter, please contact Mr. Larry Horton, P.E. of our staff at(919) 715-6225. Sincerely, John R. Blowe, P.E., Chief Construction Grants &Loans Section KLH/dr Attachment cc: McGill Associates -Danny Bridges,P.E. DWQ Asheville Regional Office Daniel Blaisdell, P.E. Larry Horton, P.E. Zi-Qiang Chen,Ph.D. Hannah Stallings PMB/DMU/FEU/SRG/SRL \07 Michael F.Easley,Governor �� William G.Ross Jr.,Secretary A pG koAh Carolina Department of Environment and Natural Resources 7 Alan W.Klimek,P.E.Director > r Division of Water Quality February 23,2006 FEB 2 7 2006 Mr. Scott D. Fisher,Managing Agent Willow View Properties,Inc. I lofll 341 Country Club Drive L -.FF I C ---------Franklin,NC 28734 - SUBJECT: Payment Acknowledgment Civil Penalty Assessment Case Number: CV-2006-0002 Macon County Dear Mr. Fisher: This letter is to acknowledge receipt of check number 2749 in the amount of$4,100.00 received from you dated February 6, 2006. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Daryl Merritt at 919-733-5083 Ext. 554. Sincerely, Frances Candelaria. O-S 1 D J 0 .4 cc: Enforcement File#: AsYe—vilre--D-W-Q--Re-&a=Offic6-Sdp-&;ifsoilr' Central Files Noc"' Carolain t ra 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1800 623-7748 V F _ - ®Becurit, enh n ed do. �m n(. S e bock or.deta�is 8 WILLOW VIEW PROPERTIES,;INC 2749 DEVELOPMENTACCOUNT P O.BOX 848 ._828-524z6458 FRANKLIN NC 28744 f h PAY _ DATE ss 7048/21 , TO THE r 'r 01 m ORDER OF ✓� ` CQ US" ® 1rRRJAC�N w DOLLARS .FRAMGJN NC'1W34 .' .' - / - 5 " 3 ® FOR F E B - 6 2006 I IC�i.,,.�.�.' MACON COUNTY CODE ENFORCEMENT 1834 LAKESIDE DRIVE FRANKLIN NC, 28734 February 2, 2006 Mr. Roy Davis NC DENR Water Quality 2090 US Hwy. Swannanoa,NC 28778 Re: Scott Fisher subdivision proposal Enclosed you.will fnd a copy of the map that Mr. Scott Fisher provided indicating, by way o£his pen''1- arks,the location of his proposed sewer connections to the supposedly existing sewer lines. I use supposedly because I do not know if these lines already exist or were approved by your Dept. prior to this time. The numbers he has written in on the rectangles are the square footage areas for dwelling units proposed in these locations. The numbers written in on the penciled in roadways designate the square footage area of the impervious roadway surfaces. Let,me know if you need anything else from me. Sincerely, Cl- Jack,Morgan ..,. . Codes;�dministrator 828 349-2170 State of North Carolina Department of Environment and Natural Resources ;r Asheville Regional Office Michael F.Easley, Governor NCDENR William G.Ross,Jr.,Secretary NORTH CAROLINA DEPARTMENT OF Alan Klimek,PE,Director ENVIRONMENT AND NATURAL RESOURCES Division of Water Quality SURFACE WATER PROTECTION January 24, 2006 MEMORANDUM TO: Roger C. Edwards FROM: Roy M. Davis SUBJECT: Enforcement Action Willow View Properties,. Inc. Macon County INTRODUCTION: Willow View Properties, Inc. is the developer of Mill Creek Resort & Country Club. REPORT: In early October of 2005 I received information to the effect that a sewer system had been built to serve an area of Mill Creek Development without the developer first applying for and receiving a permit . On October 24, 2005 I inspected the Mill Creek Development property and saw evidence of sewer service to the eleven buildings known as Ridgecrest Villas . No permit had been issued to the developer, Willow View Properties, Inc . , for the construction or operation of the Ridgecrest Villas sewers . In response to my November 1, 2005 inquiry I received a November 7, 2005 FAX stating that Willow View Properties, Inc is the developer of Mill Creek Resort and Country Club and showing one 6-inch diameter and two 4- inch diameter sewers having been built to serve Ridgecrest Villas . On December 9, 2005 I received a letter from Mr. Scott D. Fisher with Willow View Properties, Inc . admitting to the construction of the three sewers . On December 9, 2006 I received a letter from Mr. Fisher in which he committed to run a building tap from each building of Ridgecrest Villas to the sewers in Knobby Lane and Reserve Road which were built with the benefit of appropriate permits . The three existing sewers are to serve as three of the building taps . CONCLUSION: Willow View Properties, Inc. constructed three sewers to serve Ridgecrest Villas without first securing a permit in accordance with the requirements of North Carolina General Statute 143-215 . 1 (a) . RECOMMENDATION: It is recommended that a civil penalty consistent with your delegated authority be assessed against Willow View Properties, Inc . Enclosure MillCreekCountry ClubF&D.06 2090 U.S.Highway 70, Swannanoa,North Carolina 28778 Telephone 828-296-4500 FAX 828-299-7043 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Page 1 of 1 Not1t Carolina Elaine F. Marshall I PART 'E F 1 I-I 3d °.sty Secretaryt)ECRETARY OF PO Box 29622 Raleigh,NO 27626-0622 9 91307-2000 Corporations Date: 1/24/2006 Corporations Home *Important Notice Click here to: Corporate Forms/Fees View Document Filings I Annual Report Count I OCorporations FAQ m, Print apre-populated Annual Report Form I File an Annual Report I Tobacco Manufacturers *Dissolution Reports Corporation Names ONon-Profit Reports 'Verify Certification *Online Annual Reports Name Name Type OKBBE 6213 Annual Reports NC Willow View Properties, Legal Links Inc. Secretary Of State Home Business Corporation Information *Register for E-Procurement Dept. of Revenue SOSID: 0436949 Legislation 1999 Senate Bills FID: 562047788 2001 Bill Summaries Status: Current-Active IDAnnual Reports 1997 *Corporations 1997 Date Formed: 9/9/1997 Other Legislation Citizenship: Domestic Search State of Inc.: NC By Corporate Name For New Corporation Duration: Perpetual By Registered Agent Registered Agent Online Orders Start An Order New Payment Procedures Agent Name: Fisher, Frederick E Contact Us Registered Office Address: 341,Country Club Drive OCorporations Division Franklin NC 28734 Secretary of State's web site Registered Mailing PO Box 848 Print Address: Franklin NC 28734 OPrintable Page Principal Office Address: 341 Country Club Drive Franklin NC 28734 Principal Mailing Address: No Address Stock Class Shares No Par Value Par Value COMMON 100000 Yes N/A For questions or comments about the North Carolina Secretary of State's web site,please send e-mail to Webmaster. yam. �fl V-) http://www.secretary.state.ne.us/corporations/Corp.aspx?PitemId=4602947 1/24/2006 FROM :.MILL CREEK FAX NO. :82e 349 0458 Jan. 23 2006 10:45AM P1 1\4 ILLCREll< -sart& CoU."tX:pr club P.O. Box 659 Franklin, NC 28744 Date: ---1'41VI -2G0�z To: �2 Fax Number: ��'"- Phone: �7 r From: MR Creek Resort & Country Club Fax Number ' (828) 349-4458 S cL-►i Phone: (828) 524-G458 C�-� t-�-� .. 5 g cl q �= Number of pages; 1 of 3 (Indudfng cover st►eet) �,_„ .��- it �� � �a� � '� .�- „� z_ _ i - - - - 'I °� -a�, -- - _ - _ - - - �� _ �- - � � a �� � i �2 /lib U'""' �9r Iq cc , , � .. � r � ]`J �I CF C Michael F.Easley.Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources ~i Alan W.Klimek,P.E.Director Division of Water Quality January 13, 2006 Mr. Sam Greenwood, County Manager County of Macon 5 W. Main Street Franklin,North Carolina 28734 SUBJECT: Macon County Preliminary Engineering Report and Environmental Assessment Project No. E_SRG-T-02-0134 E--SRL-T-02-0051 Dear Mr. Greenwood: This is to inform you that the Finding of No Significant Impact (PNSI) and the Environmental Assessment have been submitted,to the State Clearinghouse. The documents will be advertised for thirty (30) calendar days in the N.C. Environmental Btilietin. Advertising the FNSI is required prior to a local unit of government receiving financial support from the State Revolving Grant and State Revolving Loan programs. You will be informed of any significant comment or public objection when the advertisement period is completed. A copy of the documents is transmitted for your record. The documents should be made available to the public. If there are any questions,please contact me at (919) 715-6211. C,neerely, 1 J Daniel M:'Blaisdell, P.E., Assistant Chief Enginee ing Branch HS/sd Attachment i Cc: Danny Bridges; P.E., McGill Associates DWQ Asheville Regional Office JAN 17 2006 Amy Simes, P.E. I Larry Horton, P.E. ._ Zi- ran Chen, Ph.D. VVATLR QUALITYSECTION Q g . AS EV1 LLB REG':N,bL OFFICE- Hannah Stallings -_--------------.---------___ _._ PMB/DMU/FEU/SRG/SRL Construction Grants and Loans Section one y 1633 Mail Service Center Raleigh NC 27699-1633 ATO1 ��rO�Yn� Phone:919-733-6900/FAX:919-115-6229/Internet:www.nccgi.net 1V h r ri An Fnimi nnnorhinity/Affirmative Artion Emolover—50%Recvcled/10%Post Consumer Paper Natmally FINDING OF NO SIGNIFICANT IMPACT AND ENVIRONMENTAL ASSESSMENT LITTLE TENNESSEE RIVER/CARTOOGECIIAYE CREED SEWER LINE COUNTY OF 1MIACON RESPONSIBLE AGENCY: NORTH CAROLINA DEPARTIMIEN T OF ENVIRONMENT AND NATURAL RESOURCES CONTACT: JOHN R. BLOWE,P.E., CHIEF CONSTRUCTION GRANTS AND LOANS SECTION DIVISION OF WATER QUALITY 1633 MAIL SERVICE CENTER RALEIGH,NORTH CAROLINA 27699-1633 (919) 715-6212 JANUARY 13, 2006 FINDING OF NO SIGNIFICANT IMPACT (FNSI) Article I, Chapter 113A of the North Carolina General Statutes requires an action to be subject to the requirements of the North Carolina Environmental Policy Act (NCEPA) if it involves the expenditure of public funds and a potential impact is anticipated to the environment. The project has been evaluated for compliance with the NCEPA and determined to be a major agency action, which will affect the environment. .Project Applicant: County of Macon, North Carolina Project Description: Macon County proposes to fund additions to and upgrades for the sewer collection system owned by the town of Franklin that serves both the town and portions of the county. The county will replace and relocate the Macon County Industrial Park pump station and install associated force mains and gravity lines, which will allow the retirement of four existing sewage pump stations. In addition, the county will replace gravity sewer lines that are difficult to access for maintenance and are contributing to inflow and infiltration into the collection system. A reuse facility will also be constructed at Franklin's wastewater treatment plant to eliminate approximately 0.165 million gallons per day of direct discharge to the Little Tennessee River. Project Number: E-SRG-T-02-0134 E-S RL-T-02-0051 Project Cost: $.5 I C7 `' +0 High Unit Cost Grant: $3,000,000 State Revolving Loan: $1,500,000 Focal Funds: $1,277,200 The review process indicated that significant adverse environmental impacts should not occur if mitigative measures are implemented, and an environmental impact statement will not be required. The decision was based on information in the preliminary engineering report and reviews by governmental agencies. An environmental assessment supporting this action is attached. This FNSI completes the environmental review record, which is available for inspection at the State Clearinghouse. No administrative action will be taken on the proposed project for at least thirty days after notification that the FNSI has been published in the North Carolina Environmental Bulletin. /Division , Klime E., D' ector of Water Qual' y ENVIRONMENTAL ASSESSMENT A. Proposed Facilities and Actions Figures IA and 1B identify the location of the proposed wastewater transport and reuse facilities. New Collection and Transport Facilities. Macon County proposes to construct a new gravity collection system and a new pump station at the Macon County Industrial Park. The proposed gravity collection system includes construction of 13,100 linear feet(l.f.) of 24-inch diameter sewer, 13,800 l.f. of 16-inch diameter sewer, 9001.f. of 12-inch sewer, and 800 U. of 8-inch diameter sewer. The proposed Industrial Park pump station is estimated to pump 282 gallons per minute and will discharge to the .16-inch gravity line extension via 13,000 l.f. of new 6-inch force main. Water Reuse Facility. The proposed on-site reuse irrigation system includes construction of a tertiary filter unit, an effluent pump station that will transport approximately 0.165 gallons of reuse water per day,4,240 l.f. of reuse force main, 10,200 11 of spray irrigation piping, and other monitoring and control components. B. Existing Environment Topography and Soils. The proposed project area is a broad mountain valley, with elevations ranging from approximately 2,000 to 2,080 feet above sea level. Soils in the area range from nearly level to very steep, well-drained to poorly-drained soils that are very deep to moderately deep. The dominant surface soil associations are: (1) Rosman-Reddies-Toxaway; (2) Hayesville-Braddock; and (3) Evard-Cowee-Saunook. Surface Water. Macon County is located in the.Little Tennessee River Basin. Major streams along the project corridor include the Little Tennessee River and Cartoogechaye Creek, which have ratings of Class C and Class B, respectively. Cartoogechaye Creek is further classified as WS-III, Trout, Critical Area. Other surface water bodies in the area are classified as Class C waters. Water Supply. The town of Franklin's water supply is taken from the Cartoogechaye Creek and those not connected to the town obtain their potable water from private groundwater wells. C. Existing Wastewater Facilities The town of Franklin's collection system, which serves the town of Franklin and portions of Macon County, consists of 9 pump stations and the accompanying 3.65 miles of force main with pipes ranging in size from 4 to 8 inches in diameter and a gravity sewer system consisting of approximately 27 miles of gravity sewer ranging in size from 6 to 30 inches in diameter. All flow is treated at Franklin's existing 1.65 MGD secondary treatment wastewater treatment plant. The treatment units at the facility include primary screening, biological treatment in an oxidation ditch, secondary settling, disinfection, and post aeration with effluent discharge to the Little Tennessee River. Biosolids are wasted from the oxidation ditch to the aerobic digester for additional treatment and stabilization and are then dewatered on a belt press prior to being placed at the Macon County solid waste landfill. Da Need for Proposed Facilities and Actions The town of Franklin is currently under a sewer moratorium. Its sewer collection system, which serves the town and portions of Macon County, is currently operating at its maximum capacity and is not capable of receiving any additional flow without the possibility of sewage overflows, Based upon previous failures at the existing Industrial Park pump station, it has been determined that the force mains and pump stations along the U.S. 64 Highway corridor of Macon County are not able to transport additional flows. However, the County obtained special permission to allow the connection of a new middle school to the sewer system based upon analysis that there was then a sufficient capacity to accommodate flows from the school. The addition of this flow to the system has increased the stress on the sewer system. Also, there are plans for commercial development and construction of a Southwest Community College campus near the U.S. 64 Highway corridor. In addition, the proposed project will allow those in Macon County within the Cartoogechaye Creek service area to connect to the town's sewer system and abandon their existing septic systems. Without the proposed project, future development may occur more slowly and would not have access to the Franklin wastewater collection and treatment facilities. Macon County also proposes to fund the replacement of approximately 4,800 l.f. of 12-inch sewer lines in areas of the town of Franklin that are difficult to access for maintenance and are subject to excessive inflow and infiltration. The proposed reuse facilities are proposed to divert at least 10 percent of the town of Franklin's total daily NPDES discharge from the Little Tennessee River. This proposed diversion should enhance the protection of local surface water quality. E. Alternatives Analvsis An Engineering Report was prepared, and five options for upgrading the existing collection system were evaluated. Alternative routes for the proposed pipeline installations were also examined. The first alternative considered for the proposed project was the "no action" alternative. Portions of the town's collection system are barely able to handle existing flows and have known maintenance issues. Also, this inadequate collection system cannot accommodate planned development in the area and increased growth. By not taking any action to resolve the known problems with the collection system, degradation of local groundwater supplies and surface waters will continue. The "No Action" alternative was rejected. The second alternative considered for the proposed project was upgrading the existing pump stations and force mains. This option would require two additional pump stations—one to serve the proposed Southwestern Community College campus and another to serve the proposed commercial development along the U.S. Highway 64 corridor. Also, it would be necessary to install a length of 12-inch force main to parallel an existing 8-inch forcemain along Old Murphy Road to the Franklin limits and the installation of a new 16-inch force main would be necessary to transmit flows from the Old Murphy Road force mains to an existing 30-inch interceptor at the Little Tennessee River. The total estimated project cost for this alternative is approximately $5.35 million, with a 20-year present value of nearly$5.86 million. The third alternative considered for the proposed project is similar to the second alternative except that it would employ septic tank effluent pump (STEP) systems instead of pump stations. Utilizing this alternative would also require individual STEP systems and low pressure force mains to serve individual residences and medium-sized users. The total estimated project cost for this alternative is approximately $5.33 million, with a 20-year present value of nearly$5.92 million. The fourth alternative considered for the proposed project was using on-site treatment systems. The majority of the project area is not suitably located for the use of on-site treatment systems in that it is at lower elevations and subject to periodic flooding. Also, soils in the project area are only marginally suitable for on-site systems. Since many of the proposed customers in the expanded service area would produce high volumes of wastewater, widespread use of on-site systems in the proposed project area is not feasible. The total estimated project cost for this alternative is approximately $6.13 million, with a 20-year present value of nearly$6.97 million. The fifth alternative considered for the proposed project was to construct a new gravity sewer interceptor in conjunction with the installation of a new pump station at the Industrial Park and an accompanying force main. This alternative would have the advantage of allowing the retirement of four pump stations. The total estimated project cost for this alternative is approximately$5.26 million, with a 20-year present value of$5.45 million. Since this option is the most cost-effective alternative, it was selected for implementation. The interceptors will maintain a 50-foot setback from the stream where feasible. Alternative routes, which maintained a greater setback distance from the stream, were considered for the proposed project. Since the proposed gravity interceptor lines will serve the project area, it is more practical for lines to be installed at the lowest elevations (i.e. next to Little Tennessee River and Cartegoochaye Creek) in the area, to facilitate connection of gravity service taps and future gravity collection lines. Relocating the line further from the Little Tennessee River or Cartegoochaye Creek, and maintaining the depth required for service and collection line connections, would require increased excavation depths, which would lengthen the installation time, necessitate increased safety precautions, require more erosion control measures, and increase the total project cost. Therefore, it is not feasible to relocate the installation route for the proposed project. The proposed project will add a water reuse facility that will allow the diversion of 0.1.65 MCD per day from the current effluent discharge to the Little Tennessee River. This component of the proposed project is estimated at$512,835. The total estimated cost for the proposed project is $5,777,200. F. Environmental Conseguenees9 Mitigative Measures Environmental Consequences Installation of the proposed project will result in the clearing of approximately 3 acres of land. Excavation depths required to install the gravity interceptors will range from approximately 4 to 25 feet. The pipe lines from the treatment facility to the reuse site will be buried in 3-foot deep trenches, which should not result in major soil relocation or disturbance. Excavated soils that are unsuitable for use as backfill will be replaced by washed stone and select backfill materials found near the project area or imported from other locations. Soil contamination is not expected to result from the installation of the proposed infrastructure. All trenches will be backfilled to original elevation and vegetation will be restored following installation. Therefore, the topography of the proposed project area will not be directly impacted, and the local floodplain elevations will not be directly impacted by the project. Private easements will be obtained for installation of the sewer collection lines. During construction, there will be temporary loss of use of some pastureland, and approximately S acres of prime farmland will be temporarily directly impacted by the installation of the Little Tennessee and Cartoogechaye Creek sewer lines. Construction and operation of the reuse facility should not impact any prime farmland. Following restoration of the ground surface to its original condition, pre-construction activities will be allowed to resume and there will not be any permanent loss of prime agricultural lands resulting from the proposed project. Since the reuse facility will be constructed upon land that currently sites the Franklin WWTP and a solid waste landfill, land use for this portion of the project will not be adversely impacted. Use of public lands will be minimally directly impacted by sewer collection lines because a portion of the project will be installed near a Macon County greenway and stream restoration project. Construction of approximately 900 l.f. of sewer along the greenway s walking trails will utilize a 30-foot wide construction corridor that will temporarily restrict use of the trail. The reuse facility will not impact existing public land uses. While there will be increased noise levels in the project area during construction, operation of new infrastructure will not increase local noise levels. There are likely to be temporary direct impacts to air quality in those areas surrounding the construction corridor. Nuisance fuel exhaust odors and dust levels will likely increase due to the operation of construction equipment. Also, burning of construction debris may occur. This local increase in pollutants will cease following construction activity. The proposed project will result in the retirement of four pumping stations and their associated force mains and should result in decreased complaints of odors from the collection system. The proposed gravity system will reduce the sewage travel time in an enclosed, anaerobic force main environment and the proposed gravity sewer's manholes and vents will permit aerobic processes, which do not produce unpleasant odors, to occur within the collection system. Therefore, the proposed project should not produce any direct negative air quality impacts. The reduction in sewage overflows at surcharged pumping stations, the reduction in infiltration and inflow into the sewer collection system, and the retirement of septic systems that will occur because of the installation of the proposed sewer lines should benefit both local groundwater and surface water quality. The replacement of the aging infrastructure within the town of Franklin should also promote groundwater quality in the area since the leakage of wastewater into the ground will be greatly reduced. Since the town of Franklin's water supply is derived from Cartegoochaye Creek, construction activities will be closely monitored to reduce impacts to this surface water body. Also, installation of the sewer line will follow State guidelines so that private groundwater wells are not adversely impacted by the proposed project. Since the reuse facility is not located near any water supplies, this section of the project should not impact potable water sources. Therefore, the proposed project should not result in any negative direct impacts to local surface waters or groundwater supplies. The reuse facility will allow approximately 0.165 MGD of flow to be diverted from discharge to the Little Tennessee River, improving its water quality. The use of reclaimed water should not pose a risk to the environment since effluent will only be transmitted to the spray irrigation system when turbidity limits are met and under appropriate atmospheric conditions. With increased development there will be increases in the amount of impervious surfaces in the area. This will lead to increased levels in stormwater runoff polluting streams and increase rates of stream sedimentation, which will likely negatively impact the local aquatic habitat and fish populations. Local groundwater quality should benefit as existing and new development connects to the proposed sewer collection system. While local wildlife may be temporarily disturbed by construction, restoration of the affected area will offset any direct negative impact to wildlife and its habitat. Approximately 62 acres of forested area are anticipated to be cleared in the next 20 years to accommodate development. This will impact the amount of area available for wildlife habitat, but displaced fauna should be able to find new territory in the surrounding area. Surveys for threatened or endangered species located in local. streams and creeks did not locate any threatened or endangered species. It is highly unlikely that suitable habitat exists for these species due to strong stream currents and unstable substrate. The surveys did locate fifteen species of non-listed species within the waterways. It is likely that these fish will be temporarily impacted during the construction phase of the proposed project. However, the local aquatic habitat will directly benefit from the proposed project due to decreased pollutant levels entering local waterways. Wetlands should not be directly impacted by the proposed project. It is not expected that the proposed project will directly impact any areas of archaeological or historical significance. No toxic substances are expected to enter the environment either during construction or operation of the proposed project. Mitigative Measures Approximately 9001.f. of sewer that will be installed along one of the greenway's walking trails will be equipped with manholes with locking lids that will be constructed flush to the ground to minimize adverse impacts to the beauty and use of the greenway. Contours along the walking trail will be reestablished to their original condition so that recreational uses of the greenway can resume. Sewer lines associated with the proposed project crossing roadways will be installed beneath bridges or by bore and jack methods so that the road surface will not be disturbed, thereby reducing nuisance traffic impacts resulting from the proposed project. Construction activities will be limited to daylight hours so that the surrounding residents are not unduly impacted by the proposed project. To ensure that local private groundwater wells are not impacted by construction or operation of the proposed infrastructure, the sewer line will either be located at least 100 feet from existing private wells or will be constructed of ductile iron pipe and located at least 25 feet from all existing private wells. To protect surface water bodies, the constriction contractor will install all necessary sedimentation and erosion control devices to prevent sediment pollution from entering local waterways. Construction drawings for the proposed project will require the contractor to comply with a special streambank protection detail when working within 25 feet of the streambank of local surface waters requiring that all excavated material be placed on the side of the trench that is opposite the stream so that it will be extremely unlikely that sediment from the construction activity can enter the stream. In addition, contractors will be required to restore affected streambanks with rip rap and native vegetation. Scrub/shrub habitats will be allowed to reestablish to maximize potential for wildlife habitat, and grassy areas will be reseeded with native, annual small grain seeding mixtures. When clearing land for the project, the contractor will be required to preserve those trees along the edges of the construction corridor and smaller trees within the corridor so that they might function as a forested riparian buffer for neighboring streams. Increased rates of economic and residential development are likely with this expansion of public sewer service. Existing designated uses for parcels with availability to the new sewer service are expected to continue, especially as new industrial development can occur at the county's Industrial Park. Increased development has the potential to increase local levels of air pollutants released from automobiles, and it is possible that industries establishing in the area could generate byproducts that harm local air quality. However, with proper enforcement of North Carolina's Air Quality regulations, long-term negative impacts to air quality should not be significant. Macon County will rely on the North Carolina Division of Water Quality and the United States Army Corps of Engineers to enforce regulations to prevent new growth from negatively impacting wetlands. Likewise, the county will rely upon local Land Resources agencies to enforce sediment and erosion control regulations to prevent new development from fouling surface waters and wetlands. Also, Macon County has a Flood Damage Protection Ordinance that will not allow any encroachments, fill, or any new construction within the mapped floodway or within 50 feet of the top of the stream bank in unmapped areas. The North Carolina Wildlife Resources Commission has recommended that the county minimize any adverse secondary and cumulative impacts that may arise from the proposed project by implementing 100- and 50-foot forested buffers along perennial and intermittent streams, respectively, for new commercial, residential, or industrial development within the service area where land use would change. Also, the Commission recommends that the county adopt a stormwater ordinance that addresses specific mitigation requirements to address potential adverse impacts of stormwater for residential, commercial, and industrial development. The Division of Water Quality will incorporate more stringent sedimentation and control measures in the required Non-Discharge permit for this project. These measures will meet the Design Standards In Sensitive Watersheds and the Buffer Zone Requirements, pursuant to T15A NCAC 413.0024 and .0025(b),respectively. These more stringent standards include control measures for the 25-year storm versus the 10-year storm, limiting the total uncovered area to 20 acres at any one time, improving settling basin efficiencies, and requiring that vegetative covers be replaced more quickly in disturbed areas. Additionally, since this work will be conducted near trout waters, the Non-Discharge permit will be conditioned such that a 50-foot setback from the stream will be maintained where possible (T 15 NCAC 2H.0219). The North Carolina Division of Environmental Health, the Water Quality Section—Planning Branch, and the DWQ Asheville Regional Office and concur with the proposed project. The North Carolina Department of Cultural Resources is not aware of any properties of architectural, historical, or archaeological significance that would be affected by the project. G. Project Funding, Sources Consulted Macon County has agreed to apply for all State funds used to finance the proposed project and to provide all required local matching funds necessary for completion of this project. Macon County will charge a one-time Sewer Availability Fee to those that will be newly served by the proposed project. Whereas each of the "small" users (3/a" water meter) will be charged a one- time Sewer Availability Fee of$1,500, this Fee will be $3,500 for medium users (1" water meter) and $14,000 for large users (2" or greater water meter). The county will also establish monthly user charges for these new customers to cover the financing for the loan monies used for the proposed project. Small users will be charged a minimum of$25/month/5,000 gallons used, medium users will be charged$175/month, and large users will be charged $t,900/month. Sources consulted about this project for information or concurrence included: 1) The county of Macon 2) The town of Franklin 3) North Carolina Department of Environment and Natural Resources - Wildlife Resource Commission - Division of Environmental Health - Water Quality Section—Planning Branch - DWQ Asheville Regional Office - Legislative and Governmental Affairs 4) North Carolina Department of Cultural Resources 5) North Carolina State Clearinghouse r•.I �i` i;l:�t ;P < 1 1 �VI VVL..V T,LTVi 1.�1 �� . wi. a•.. ,• a 6" FORCE MAIN TO SPRAY °'' Project Lt��ation Map ���':: •`x'1,�_ - ;g'��. I"p.�-- IRRIGATION o SITE 1fE ay Ca x_r toro g,ea Cnay+ e, C,� r:eerouk'Trunk /Sewer Little Tennessee River Macon County, Caroii-XISTING 1 .65 ntya iIviGD WWTP PROPOSED 10,200± �-- LF REUSE SPRAY IRRIGATION PIPING :' UC _ rq t ,,• ''� .._ _ II r _I _.L`. '.Id;• q- �y:` r. '•'•,.L' ,-:,aL. 'a ' f ,' �' PROPOSED FILTERS AND REUSE ' '� ��;�a IRRIGATION PUMP STATIONt . �� r41 � �1 22 � 04�. i�}I - `I,�q' �•S,e {^I!• �� _� i •.,r !✓ , !•�1 I .I rr` r• '1� 'i;;j t `C,6 •� EXISTING PUMP STATION } �I+Y� �• I• r �, ,•. ' I._iAdr /; JJf y\I�+lfs ,1�. �` ` // �it '.�., S . I, F d7j',• I ?, _ r r�'r•• ., �)�•� � � (/-�� , • EXISTING 30°' ,���� - '„�,..' -, �.: .��`� A �,:,,�'� .M ` �o _.•,' TRUNK LINE � T r �� -._31ti � rho~ -•�'.;t,<:�• - I� � _ � r �;' .R�i� - i 1 ,• I 11a• / /j i� •♦ I\ _-, � � .3 f A9! 81Ah�+►{QUaa i r l ti kid i } \� I r �¢\�- 't .`�,I v '�i.•y `(` ;+; �..T r/ '�qS •I H:f7 �' r. ,,r `^I1� =r! �I '', (I r t .I EXISTING ,• ,..;:: : ; �11� ';6di��, 'I m ' r, � ';; r SERVICE AREA -�� % _ � �___ V ��; '-1 t t....-ta(YiW''L . _ { ! ,I:•• \,`' J 'r 1.�}. �/ i,'• •". 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'.�� �$ r •L ' .I\I ! �,1 r ! � I , ti ,y�/l'�, � �`I f, '�'..� =r,�'�6�r f//.�f�r• •Rta, a. %r '� t .i ��,_ �liY� �\' 'a � ' A, �I ,I ' .s'•n,'�,\,' o• ';�; {,4 ,Pf r% - �•��(� ,� ( / pelt.- � 'l�+o \ /, ''.`�� r r•1'r I i li;r' a? `ors.... 14.' � ,�� r _. I I `-� •w�r..i,:A •� `� ''/yS �f�..�✓rc'�/ /f `:�. f5 °`�'s IIb,�a70Ve,Cbi r,rC...- '; '% 1 PROJECT NEW � °I� %s: SERVICE AREA tip I /'{Y��� !7 r•- �.•• �-^ i �.ti n ,, •\ !r 'i•. ` -..r f `�r�H f,,�<L•. / -�•7 ..•� v "�Yn ppI rk a6 ��� i,�'q.•.• �. _.�f � �1. 'll l . •a.! �� r'�i�Cv ��� •�, � - ,�y'��1/i!.f�xr � rr � , .,,r / mil•, , \ .z� ,� (( _ END 24" SEWER LINE ~:'' �'^; \ b { .... ) BEGIN 16" SEWER LINE; ° "' ✓I• �� , ' r;;,R��� r` ; PROPOSED 1- ± Y '_ (( �' SCALE 1 2000' �4 .:, ' a 16" SEWER LI N� END 16°° SEWER ; 0` • R LI N E -, �` I , 777 PROPOSED 13,000± LF M C ,o'� `%i�' - l '` _;•'-' �, A S S O C I A T E 1 6�� FORCE MAIN �USGS QUADRANGLE „USGS QUADRANGLE . , . . • ., ._ FRANKLIN CORBIN KNOB ENGINEERING•PLANNING•FINANCI F1Va� 1 LJ .''ko,\. • '°.� ;k�; t_,`� rr� ,:�! b,.l;r.v .�1�°f - �,� :� i Project Location Map F !,•+ f '/,Fr, li C a: `tl r..�S �"/-r q•"' -?J ,witty; Tennessee River/ Oa;loogecnaye' Creek Trunk Sewer • ` T mil' / Pv+`•. I r ) con County, NOrtl� Carolina � p'�I, tiv �,,i\�''' ''i' i I`.•t_'.i''�, �,, ,!. \ f r1 \ �-`� �J+ .�: L' v-', I j' �� r f 'I.�f, r', O" i ��' , ',!i_ \.`. 1 }! I 1r /� /✓ ] ° �.�,1:' t L• \ < ,(,. r ✓�; t �:�.ii. I �� •. ''/`•� '• _%:v'•+:-r i vt e.! f _• ^fit °•'1 1.5 , / l ' .-/!/r� � -rid(1j!' `�•,'S`r�l_ L ,-:.�:I11�\ I/-. � �\ •�:`�-. S.' Y I r f i ,� };� 1 �,,r..�r \ (a f l �,, y,f� o \�\ "r i �' .0 'l� �4`l` I �J if�L11 � ! h'_.. .� ` \. r~ .p �+ ' f S,s..-+ \'l /�•,�L, !' � �! /'�r�/v"'���� f�• ,I If ;Jl. I � prof``:r.•l�Ili�. i.!II.I�� ,�\ �j �, �".,`,;\ ,� f r � ' t! f?!r (��r_ ti•^' ,:,;� _ ��,y ��\ •.l if �i�•t' ; 4'\T.. j; •rr,': ;_1~ '`>''' 5. ti \ :I i .r. \ ` .�Cy' .if i �, '/I- �,: ')!'i•:\I j,r�\III , �•/` � ��f •,t�`.� !i,+l'.'1 SI If' � `.( :1'I�•I��,', ! �f �''- +t.�1V �}��� _-- -.r••�+ �i:�%`-�`•` ,��ij$_T�[ ` ,}S:{'� -, ^.�� '•lJ ",: `��:�• J,"`�`''- `t `'�.n\,i,\�y1} t •\.,y, '" \'� � � 't� I�` - � � :�'• ,�,�b�l �Il`�i 1 �`!.�i'�� ',il �7t'I� I '��`-�_�I I�f_•1�,�,. .," 1! I m _,�j �,.,,,, .,t?. , ,flit•� L:t:.� �, 1; t� ;;;1'. �-�.' 1;.'�J • _�•:'�. \[';,•--=�� `" '' :�1 I ! ;'��•�f;;yi�,�a.'.;- .e-`� f r";. '! �,.J ., 3]I! FLy�l 1 �: /r,'� 8 ,,n bl�.-�.:/,' A l ;. _,.-� �,`\ T'111�-"" ^'� �^ ''i• l.' 11'1['r]QR ,\�-. '•,-,1„'_.._" ill+�yr',x:•._ L` ,'\� \ �.;',:•;�\�. _r rim 1 ,. � u' ll.�`:,►aa.�' :? :-�- tn:•- \,\�\a. I -c:. if .�-��-'���. ' `'l� �" \ - :\ �"� r o_'�., _ �- - -�'�'�•:'�-`�eGwtr3s'�`._a-•--yam 1- ,�'�``'(r •�,�l� - -.,i.i-.�\Z`.\.L.`. , TOWN OF FRANKLIN \111 i WATER SUPPLY UVATERSHJ� - i 'f � `.'.j• Lfl ,'� ',� �. �• I '(.��f�t rr;j r Z� 1�' I�'�'-7�;�:�'I �. 'l�j! �'I:i •t 4.`�c UAL •,,V,',I1r � '� (r. i \_,.4 � ',� I �� ��,— _ 'iv ea\ -,-•.�i�,` .-� :,:'.'s`�1, y`. YS 'A��'�--I '�r..•',I� I^,� tt �� ,f.°"11. r�•, `� �'+ "f: '_ � 1 �-,�i•g`;jf � `g�� i ��!� `� - - \~\°k �-� Y'�l�• i}t'it !tF x I I I, r.,•'/.1 �.s�'.��1;I ^ti \�• ����:I1 ����e°�i��• a /b'.` �`,. _;n• `l ,' r�,•;. ' �4 ' i,,. .�:: ,%`�t'_'ti�(/ �..' '• < a .� i `•4,•J /, `_� -i'2.J �— - N5�, l - •� - Y r-a. .i\ 'a - +_.., -is ,� -�� �"f� 1�1�' t;� �.�•f(�� � r~-,.`�.�: �� �p_a06�,�8�.�'� ?¢,mac ;� I + ,��'���F,X,.�iri�aRb;S`Y:Si- - ', \ 'l 1 a _ ;, �\•.! "f^I.✓�"\ /1.`.�:' ` e R ' '• -� J 1 '�'F`• f I !; r. �.7#/ 1 t ,. •�.'h ,.`� L .' "•' `-t'(' IS. V•� .. 1 r� �I r. r ,\.u�- '�`-����/F. .B 6 Sb'' d`,r,�, �i \f�- r'd''��e T - PROPOSED 800_ LF �.s 8" SEWER LINE b\Z�.�/ , � "�.'����• i� :lr ..`',a\. ._ .`\� �' lfr' i' �`,9� PROPOSED• r.. \`_..-•�;-.- -f Yo'• 900± LF =k ! ROPOSED 2,300± LF ..> ,• 12 SEWER LINE h� 7\11' Ian' 6 SEWER LINE -�• ,.��.. EXISTING IND. PARK PUMP STATION(300 / �R ''I a F . I wmtmy � 4,t.�,� .y e` � �',. ...--...a.-Y... Irl :�,.9,-^���' ;.. ( \ ."no 1b •a� .`,.y06J-,Ce /-.� --'•"' :i •`I = `000° ��`% =-; _ , f -: - EXISTING SERVICE AREA I .., . .mot rYQ! _ - t \ �' _ �,�y •. mc(i I ' A o I !! / i \ i - 'os=% f 1�(a';J�ry$;� `r,i,- ;;'�. -�``'a +. l '.I'+r! A T aL ilr' �iV1(��i'�i31 F`.�`asfey,�oyernor - 'tiam�. •ss J Secret G North Carolina Department of Envir n ,e and t! tur I Resourc� Asheville Regional Office SURFACE WATER PROTECTION January 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED - Mr. Scott D. Fisher, Managing Agent 7005 0390 00013552 8909 Willow View Properties, Inc. 341 Country Club Drive Franklin,North Carolina 28734 Mr. Frederick E. Fisher,Registered Agent 7005 0390 00013552 8886 Willow View Properties, Inc. 341 Country Club Drive Franklin,North Carolina 28734 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) Willow View Properties, Inc. Case No. CV-2006-0002 Macon County Dear Sirs: This letter transmits a Findings and Decision assessing of civil penalty in the amount of$4100.00 ($4000.00 civil penalty+ $100.00 enforcement costs) against Willow View Properties, Inc. This assessment is based upon the following facts: an inspection of Ridgecrest Villas, a part of Mill Creek Golf& Country Club which is a development by Willow View Properties, Inc., on October 24, 2005 revealed that a sewer system had been constructed without first obtaining a permit from the North Carolina Environmental Management Commission. Based upon the above facts, I conclude as a matter of law that Willow View Properties, Inc. violated G.S. 143-215.1(a)(2) in the manner and extent shown in Attachment A. In accordance with G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Willow View Properties, Inc.:$4,100.00 [ $4,000.00 (civil penalty) +$100.00 (enforcement cost) ]. 2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500 FAX:299-7043 Customer Service 1-800 623-7748 Pursuant toG.'S. 1 3-2t5*.`6A(c) in determining the amount of the penalty I have taken into account the.Findings of.Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or.intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties'for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted g. The Director of the Division of the Division of Water Quality will review your ence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status. directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you,wish to contest any statement in the attached assessment document you must file a petition for an,administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. ,The Office pf Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the.Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698. Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please eview be advised that additional penalties may be assessed for violations that occur after the r period of this assessment. If you have any questions,please contact Roy Davis with the Surface Water Protection staff of the Asheville Regional Office at 828-296-4500. Sincerely, R ger"C. Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Roy Davis w/attachments PERCS Unit w/attachments Central Files w/attachments RidgecrestVillas,05 F NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES UNTY OF MACON File No. CV-2006-0002 IN THE MATTER OF CIVIL PENALTY ASSESSMENT FINDINGS AND DECISION CIVIL PENALTY ASSESSMENT AGAINST WILLOW VIEW PROPERTIES, INC. FOR CONSTRUCTING A SEWER SYSTEM WITHOUT A PERMIT MACON COUNTY Acting pursuant to North Carolina General Statute (G. S . ) 143-215 . 6A, and delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I , Roger C. Edwards,. Surface Water Protection Regional Supervisor for the Asheville Regional Office, hereby make the following civil penalty assessment against Willow View Properties, Inc. : I . FINDINGS OF FACT: A. Willow View Properties, Inc . is organized and existing under the laws of the State of North Carolina. B. Willow View Properties, Inc . is the developer of .the property generally known as Mill Creek Resort and Country Club .located in Macon County North Carolina. C. On October 24 , 2005 Roy Davis, Environmental Engineer with the , Surface Water Protection Section, Asheville Regional Office inspected the area of Mill Creek Resort and Country Club known as' Ridgecrest Villas and observed evidence of a sewer system having been built which serves eleven buildings . D. A search of DWQ records showed that a permit had not been issued as of the date of .the inspection for the above cited sewer system. E . The costs to the State of the enforcement procedures in this matter totaled $100 . 00 . Based upon the .above Findings of Fact, I make the following : II . CONCLUSIONS OF LAW: A. Willow View Properties, Inc . is a "person" within the meaning of G.S . 143-215 . 6A pursuant to G.S . 143-212 (4) . B. The sewer system cited in finding of Fact I . C above falls within the definition of a sewer system at G.S . 143-213 (15) . C. A permit is required for the construction of the sewer system described in I .0 above pursuant to G. S. 143- 215 . 1 (a) (2) . D. Willow View Properties, Inc. may be assessed civil penalties pursuant to G.S . 143-215 . 6A(a) (2) which provides that a - civil penalty of not more than twenty-five thousand dollars per violation may be assessed against, a person who is required but fails to apply for or to secure a permit required by. G.S . 143-215 . 1 . E. The State ' s enforcement costs in this matter may be assessed against Willow View Properties, Inc . pursuant to G. S . 143- 215 . 3 (a) (9) and G. S . 143B-282 . 1 (b) (8) . F. The Director, Division of Water Quality, pursuant to delegation provided by the Department of Environmental and Natural Resources and authorized by G.S . 143-215 . 6A, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of .Law, I make the following: DECISION: Willow View Properties, Inc. is - hereby assessed a civil penalty of : $_4000 . 00 For failing to apply for or to secure a permit as required by G.S . 143-215 . 1 for construction of the subject sewer system. $4000 . 00 TOTAL CIVIL PENALTY $100 . 00 Enforcement costs $4100 .00 TOTAL AMOUNT DUE As required by G.S . 143-215 . 6A(c) , in determining the amount of the penalty I considered the factors set out in G.S . 143B-282 . 1 (b) , which are : (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The .cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures . (Da e) Al n Klimek, P.E. , Di ector Division of Water Quality OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF IV IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS WILLOW VIEW PROPERTIES, INC. FILE NO. CV-2006-0002 Having been assessed civil penalties totaling$4,100.00 for violations as set forth in the assessment document of the Division of Water Quality dated January 25, 2006, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented,in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , SIGNATURE ADDRESS TELEPHONE CERTIFICATION PAGE I certify that the information in this report is true to the best of my knowledge . All violations of self- monitoring data have been verified by hard copy review of the monthly reports (if applicable) and the appropriate permit (,if applicable) . Si g ture of Pri nd pal lIInvesti gator(s) : DATE : l �� 4.Michael F.-Easley,Goyernor �Q Wil'a .R s JrYlSecreta is G North Carolina Department of Envir062 nd Nei ural esource r Alan W.Klim k,P.'EFL ri ecto'�T f Asheville Regional Office SURFACE WATER PROTECTION January 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Scott D. Fisher,Managing Agent 7005 0390 00013552 8909 Willow View Properties, Inc. 341 Country Club Drive Franklin,North Carolina 28734 Mr. Frederick E. Fisher,Registered Agent 7005 0390 00013552 8886 Willow View Properties,Inc. 341 Country Club Drive Franklin,North Carolina 28734 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) Willow View Properties, Inc. Case No. CV-2006-0002 Macon County Dear Sirs: This letter transmits a Findings and Decision assessing of civil penalty in the amount of$4100.00 ($4000.00 civil penalty+ $100.00 enforcement costs) against Willow View Properties, Inc. This assessment is based upon the following facts: an inspection of Ridgecrest Villas, a part of Mill Creek Golf& Country Club which is a development by Willow View Properties, Inc., on October 24, 2005 revealed that a sewer system had been constructed without first obtaining a permit from the North Carolina Environmental Management Commission. Based upon the above facts, I conclude as a matter of law that Willow View Properties, Inc. violated G.S. 143-215.1(a)(2) in the manner and extent shown in Attachment A. In accordance with G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I,Roger C Edwards,Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Willow View Properties, Inc.:$4,100.00 [ $4,000.00 (civil penalty) +$100.00 (enforcement cost) ]. 2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500 FAX:299-7043 Customer Service 1-800 623-7748 Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S._143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or-intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: G) whether one or more of the civil penalty assessment factors in NCGS 143B-2 82.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will . provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: PERCS Unit Division of Water Quality - 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from.the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. ,The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Roy Davis with the Surface Water Protection staff of the Asheville Regional Office at 828-296-4500. Sincerely, _ R ger C. Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Roy Davis w/attachments PERCS Unit w/attachments Central Files w/attachments RidgecrestVillas.05 F0 TE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MACON File No. CV-2006-0002 IN THE MATTER OF CIVIL PENALTY ASSESSMENT FINDINGS AND DECISION CIVIL PENALTY ASSESSMENT AGAINST WILLOW VIEW PROPERTIES, INC. FOR CONSTRUCTING A SEWER SYSTEM WITHOUT A PERMIT MACON COUNTY Acting pursuant to North Carolina General Statute (G. S . ) 143-215 . 6A, and delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Surface Water Protection Regional Supervisor for the Asheville Regional Office, hereby make the following civil penalty assessment against Willow View Properties, Inc . : I . FINDINGS OF FACT: A. Willow View Properties, Inc . is organized and existing under the laws of the State of North Carolina. B. Willow View Properties, Inc . is the developer of the property generally known as Mill Creek Resort and Country Club located in Macon County North Carolina. C. On October 24, 2005 Roy Davis, Environmental Engineer with the , Surface Water Protection Section, Asheville Regional Office inspected the area of Mill Creek Resort and Country Club known as Ridgecrest Villas and observed evidence of a sewer system having been built which serves eleven buildings . D. A search of DWQ records showed that a permit had not been issued as of the date of the inspection for the above cited sewer system. E. The costs to the State of the enforcement procedures in this matter totaled $100 . 00 . Based upon the .above Findings of Fact, I make the following: II . CONCLUSIONS OF LAW: A. Willow View Properties, Inc . is a "person" within the meaning of G.S . 143-215 . 6A pursuant to G.S . 143-212 (4) . B. The sewer system cited in finding of Fact I . C above falls within the definition of a sewer system at G. S. 143-213 (15) . C_ A permit is required for the construction of the sewer system described in I .0 above pursuant to G.S. 143- 215 . 1 (a) (2) . D. Willow View Properties, Inc. may be assessed civil penalties pursuant to G.S . 143-215 . 6A(a) (2) which provides that a civil penalty of not more than twenty-five thousand dollars per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S . 143-215 . 1 . E. The State ' s enforcement costs in this matter may be assessed against Willow View Properties, Inc. pursuant to G. S . 143- 215 . 3 (a) (9) and G. S . 143B-282 . 1 (b) (8) . F. The Director, Division of Water Quality, pursuant to delegation provided by the Department of Environmental and Natural Resources and authorized by G. S . 143-215 . 6A, has the authority to assess civil penalties in this matter. . Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Willow View Properties-, Inc . is hereby assessed a civil penalty of . $_4000 . 00 For failing to apply for or to secure a permit as required by G.S . 143-215 . 1 for construction of the subject sewer system. $4000 . 00 TOTAL CIVIL PENALTY $100 . 00 Enforcement costs $4100 . 00 TOTAL AMOUNT DUE As- required by G. S . 143-215 . 6A(c) , in determining the- amount of the penalty I considered the factors set out in G.S . 143B-282 . 1 (b') , which are : (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures . JY �r (-Da e) Al n Klimek,- P.E. , Di ector Division of Water Quality 1 ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MACON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS - WILLOW VIEW PROPERTIES, INC. FILE NO. CV-2006-0002 Having been assessed civil penalties totaling$4,100.00 for violations as set forth in the assessment document of the Division of Water Quality dated January 25, 2006,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , SIGNATURE ADDRESS TELEPHONE CERTIFICATION PAGE I certify that the information in this report is true to .the best of my knowledge . All violations of self- monitoring data have been verified by hard copy review of the monthly- reports - (if applicable) and the appropriate permit (if applicable) . Sig to re of ,Pri nci pal Investigator(s) : DATE : OilQo C) L �'=� tchae} sie Governor M, F�;d aY;s' 3• W Wil LmtandNata Ros• cretary North Carolina De y p2rteFlbf mEnv�onalesou�rces Q ' - Alan b17 Klirriek;P.E.Director "� Division'of Water Quality December 27, 2005 Mr. Scott Fisher Willow View Properties Mill Creek:Country Club Post Office Box 848 Franklin, North-Carolina 28744 Subject: Sewer Service Ridgecrest Villas Mill CreekCountry Club Macon County.:: Dear Mr. Fisher: • 2005 response to rr letter of November 16, 2005... I have before me your December 9, p y Not very long after April 1 , 2006 1 will revisit :.the Ridgecrest Villas=1`-thank-you for your prompt attention to this issue. Should you need to discuss:tfis matter in anyway, please feel free to call me at 828-296-4500. 'ncerely, � r; 1 y Roy M. Davis Environmental Engineer ..... Xc Jeff Bishop, McGill Associates..,,. Jack Morgan, Macon County Code Enforcement One NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)-2964500 .... ....Customer Service Internet: h2o.enr.state.nc.us FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper r " 1 J 12 - - - - f Willow View Properties, Inc. 341 Country Club Drive ' P.O.Box 848 DEC Franklin,N.C. 28744 (828)524-6458 December 9, 2005 Mr. Roy M. Davis Environmental.Engineer North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 RE: Sewer Service Ridgecrest Villas Mill Creek Country Club Macon County, North Carolina Dear Mr. Davis: In response to your letter of November 16, 2005 regarding the sewer service to the Ridgecrest Villas in Mill Creek Country Club, we would like to provide the following information. • Ridgecrest Villas consist of 22 multifamily townhomes (10 buildings) on which construction was begun in 2002 and completed in 2005. Twenty families own twenty of the townhomes and one family owns two which comprise a single building. • In preparation for providing sewer service to Ridgecrest two sewer line extensions were constructed, WQ0005936 in 1991 and WQ0019779 in 2001, both of which are connected to existing sewer serving Mill Creek Country Club. • Sewer service is provided to the townhomes by one 6-inch sewer line and two 4=inch sewer lines. The 6-inch sewer line serves 12 townhomes and the two 4-inch sewer lines serve 4 townhomes and 6 townhomes respectively. These sewer lines then connect to the two extensions. • Prior to construction of the townhomes we purchased building permits from the Macon County Building Inspections Department and paid the required fees to the Town of Franklin to tap the sewer and water lines. It was understood that by connecting these service lines into a permitted sewer collection system;and having the Town of Franklin and Macon County staff involved in previewing the site,inspecting the systems during construction, and approving the townhomes for occupancy, that we were in compliance with all applicable regulations. These sewer service lines have been in service for between one and three years and have performed without problems. • The sewer service lines become the property of the Ridgecrest Villas Property Owners Association and as outlined in the recorded Covenants.and Restrictions Contract all sewer service lines within the limits of the Association's common area are maintained by the Ridgecrest P.O.A. • As we now understand, each townhome must have its own sewer service line which connects to a permitted sewer collection line. Therefore, we are currently preparing to install individual sewer service lines from each townhome to the permitted sewer collection lines. These service lines will be-4-inch lines, with the one exception being the utilization of the existing 6-inch line for one of the townhomes. Because twenty of the twenty-two townhomes are part time residences and mostly vacant from November to April, we will begin the installation of the new lines immediately with the project to be completed by April, 2006. Please advise if you require additional information. Sincerely, Scott D. Fisher Willow View Properties, Inc. cc: Jeff Bishop, McGill Associates © ` 0 ( Willow View Properties, Inc. .�E C IE ,-V�E1--I=-1 341 Country Club Drive �j) P.O. Box 848 )I, Franklin,N.C. 28744 ���.� I� I DEC 1 5 2005 l'---� (828) 524-6458 ------------____� December 9, 2005 — - -- -- Mr. Roy M. Davis Environmental Engineer North Carolina Division of Water Quality 2090 U.S. flighway 70 Swannanoa, North Carolina 28778 RE: Sewer Service �decres'. �iilllas _s��ri�lal ♦reet �untrlub. Macon County, North Carolina Dear Mr. Davis: In response to your letter of November 16, 2005 regarding the sewer service to the Ridgecrest Villas in Mill Creek Country Club, we would like to provide the following information. • Ridgecrest Villas consist of 22 multi family townhomes (10 buildings) on which construction was begun in 2002 and completed in 2005. Twenty families own twenty of the townhomes and one family owns two which comprise a single building. • In preparation for providing sewer service to Ridgecrest two sewer line extensions were constructed, WQ0005936 in 1991 and WQ0019779 in 20019 both of which are connected to existing sewer serving Mill Creek Country Club. • Sewer service is provided to the townhomes by one 6-inch sewer line and two 4-inch sewer lines. The 6-inch sewer line serves 12 townhomes and the two 4-inch sewer lines serve 4 townhomes and 6 townhomes respectively. These sewer lines then connect to the two extensions. ® Prior to construction of the townhomes we purchased building permits from the Macon County Building Inspections Department and paid the required fees to the Town of Franklin to tap the sewer and water lines. It was understood that by connecting these service lines into a permitted sewer collection system, and having the Town of Franklin and Macon County staff involved in previewing the site, inspecting the systems during construction, and approving the townhomes for occupancy, that we were in compliance with all applicable regulations. These sewer service lines have been in service for between one and three years and have performed without problems. o The sewer service lines become the property of the Ridgecrest Villas Property Owners Association and as outlined in the recorded Covenants and Restrictions Contract all sewer service lines within the limits of the Association's common area are maintained by the Ridgecrest P.O.A. ® As we now understand, each townhome must have its own sewer service line which connects to a permitted sewer collection line. Therefore, we are currently preparing to install individual sewer service lines from each townhome to the permitted sewer collection lines. These service lines will be 4-inch lines, with the one exception being the utilization of the existing 6-inch line for one of the townhomes. Because twenty of the twenty-two townhomes are part time residences and mostly vacant from November to April, we will begin the installation of the new lines immediately with the project to be completed by��. .. Please advise if you require additional information. Sincerely, Scott D. Fisher Willow View Properties, Inc. cc: Jeff Bishop, McGill Associates F NIAr� r �Q G.RoE-: cretary i North Carolina Depalt Fit of Envi[me t and Na sources t - f Director Division of Water Quality November 16, 2005 Mr. Scott Fisher Willow View Properties Mill Creek Country Club Post Office Box 848 Franklin, North Carolina 28744 Subject: Sewer Service Ridgecrest Road Units Mill Creek Country Club Macon County Dear Mr. Fisher: I have your November 7, 2005 response to my letter.of November 1, 2005 in which I raise questions about the nature of the sewer service to the approximately 21 units on Ridgecrest Road in the Mill Creek development. It is my conclusion, following review of your submittal, that the one 6 inch gravity sewer and the two 4-inch gravity sewers serving the units on Ridgecrest Road were constructed without benefit of the required Permit issued by1he North Carolina Environmental Management Commission. Presuming the correctness of my conclusion, the builder of these sewers is subject to Civil and possible Criminal penalties as provided by the North Carolina General Statutes. You could either refute my conclusions or submit an Application for a permit to modify/construct sewers to serve the Ridgecrest Road units. I would not say the extent to which the existing 6 and 4 inch sewers could be incorporated into a suitable system. I find it reasonable that the requested refutation or Permit Application be submitted within 30 days of the date on this letter. I thank you in advance for your cooperation. Should you need to discuss this matter please feel free to call me at 828-296-4500. Sincerely, r\ C��, Roy M. avis Environmental Engineer One Xc Marie Doklovic N r hCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: h2o.enr.state.nc.us FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper FRDM :MILL CREEK FAX N0. :E"28 349 0458 Nov. 07 2005 09:05AM P1 LILL CREIE-l< v clah 1?.0. Box.659 Franldin,,NC 28744 Date: - ". To z" Li Fax Nimtear: Phone: M Creek Resort& Gauze Club Fax NyLtbber: (828) 349-0458 Phone: (828) 524-645 S �'3 �3'Sl (' f�•1 -.. 7 i M. l crp 1 j VJcfIL i j(•f•CSI +i2l� rc�r t3rzirr POO i�i��mli ni of pages: 1.Qf r*c(Iac�udiug covet sheet) LTC-rift NOV � ry I i ••`•y''.:•:I R-63 57475'1Qq�� 67.7ff St91"SY3@L c '35"E 91.Se' t I T Ln c ag E L'U7-ICY! PR0PEFt7!E5, It C. 51,. �; '1R 2 WILLOW VIEW PRQFERTIES. UiC. \ ! E-22/1877 m + SO?�5_•�4';E EIR ,, COT 14.ultL CRPEr EST., } 4E.11 5� GO!_F 5'1LLA5 1 R-3 FLAT CA%p 156 N 46 1 1L IRS - b 5y�5 5, .��„ II silk 53 1 R_� �V� .,fS � �_SS P.4A4 16'2iw W1LC0YC 'ti1EMl aR0 ID 2 W wvN lv AVM ' r E-22/1g7? PE4TIEi =nC d � 61 -45� IPS �h7, l � _ - _.-J J vC. I . �l ti N_ ExtS C __�� y LOT 6, M.L� CREEK E$7 R_5 PM. Ill, SECT 1 ' 4 _ R- - lILLGw VIEW PROPERniS, iW^� PLAT CARD Z 7� 1 } u4 sic•sese �r _ ` LOT 9 REEK S. MILL C EST., 1 f�►4', � }� Res 77. c R-B -".` = Ill- IF, SECT. I.F.AT CARD 14 IRS ?� c% ds _ !` $-1� ! �. -7E R-20 co R-23 In ED gp6 i�ap EIR R-14 R-15 E EST. A. yeti �`L : �t14 6EcT x�6iipw i �\ jp \k•y Z. #• PaRr NAY APKV� ?r� R$SS42 15 'E / �V r � $ I s g� �� � R vo ��psi S m A 5 Olb-L--SE wiEll I 2 n _ go 6r�y Qo .+ N7iRp] I � � - 'c'hY(AS W.TE7) 44 1 g yZ�5P t+7rEe sysrE OF r�ttn!r+t`<+xrx U 42,v S Tray C�!NM OF WppN S�aos ,�Eas s n;�s R-5E R-P � ' � � + EJP tu57'59'tg"w a9s � W ulk{_i �oR b, 'f , P EIP N54'T2'33"W S1' 72a5E 1y,5 W u,,.d�.es,ulswnosr 3 N- owEn �! OktryOSpN' 12 ROc ' Q-22/320 s�TaIN!NG LOT 142• LAUREL RZOE fIR EIR EST. � RU55ELL W_.4 + FRI HARD a ��i:o.. _ { ! PLAT CAB. 7 ISL- 3a5 i 5n-, Z O LL FRDM :MILL CREEK FAX NO. :82e 349 0458 Nov. 07 2005 09:07A11 P5 November 2,2005 NCDENR Division of Water Quality 59 Woodfin place Asheville,NC 28801.-241.4 ATT: Roy Davis Dear Mr.Davis: . Willow View Properties,Ioc.,has been the developer of Mill Creek Resort and Country Club since 1986. Now,nearly twenty years later,"Willow View"has twenty-six towtibomes and approximately thirty lots to sell or develop before our real estate operations are complete. • 1987-',,Willow View"installed•a sewer and-waW line to the Town of Franklin with the cooperation and direction of the Town of 1ranklin and McGill Engineering. "Willow View"has a long,standing service agreement with the"Town"and"MQ0111" has been our sole engineer. August 2004-Macon Coxmfy approved an Erosion Control Plan for "Woodside Villas"that was subnutted by'%1cQil1". March 2005 -ARQt r site work oil"Woodside"was complete,we Filet with "McGill"to discuss water and sewer installation with a drawing we had done that depicted an 8" sewer line with-manholes. "McGill"agreed that the drawing was appropriate. FROM :MILL CREEK FAX NO. :62e 349 04se Nov. 07 2005 09:07AM P6 ■ May 9,2005 -We purchased six water and sewer taps from the"Town" !'or the first six townhomes in"Woodside". Shortly thereafter,"McGill"produced a.formal construction drawing. "McGill"suggested that it might take one year. ot:more to obtain approval to construct the sewer.line, Due to prc-sales requests and committnenis,we reviewed the site. From'the building locations and topography,we thought it might be possible to utilize services to the townhomes.without the need for a stale approved line. We arranged a meeting with the`raven!'and our plumbing contractor tc►discuss the idea. ,Me two agreed at the site that it was"ok"to do and discussed labor,materials and timing. We Called"McGill"and notified them of our decision and although"McGill" expressed skepticism,we folt confident that it was"olc"due to the agreement of the "Town"and our plumbing contractor. July 2005-With labor-and material provided by botb the"Town"and our plumbing contractor,the sewer mud wttW services for"Woodside Villas"were completed. • September 2005 -"Willow View"had three confirmed sales for"Woodside Villas"and.on September 14,2005,we asked our building contractor to obtain six permits from Macon County for which we had purchased six water and sewer taps from the"Town"on May 9,2005. + September 19,2005-Our contractor returned the applications told said that Macon County needed to see the impervious details of the building site and nothing else. • September 22,2005 -We provided Macon County with a plan for the impervious details. Also on this day, Chuck$eagle,the manager far the Mill Creek property FROM =MILL CREEK FAX NO. :828 -749 0458 Nov. 07 2005 09:07AII P7 Owner's Association(POA)water and sewer systems,tells us that the"NCPENR"and the`"Town"have requested that the POA tape over.the Liability and responsibility for a management plan of the systems,to include the"Town"installing a master water meter at the entrance to Mill Creek. He said that the"NCDENR","Town","11dcCil.l"and POA have already had meetings. We noted that"Willow View"tips a long standing active agreement with both the"Towst"and POA related to these systems. • September 23, 2005 -Mason Coantry returned the permit applications with a letter(attached)denying our plan for the impervious details and this time requesting approval from NCDENR for the extensions to the system at"Woodside". We replied with.a note on the letter(attached)that the main sewer was approved in 1991 and the "Town"had approved the servioes to the btuldings. (We did not perceive of,or recognize the services as extensions.) We also did not understayid why Macon County wa6 risking this comment,because the"Town"operates the water and sewer. systems, Althoagh we understand that the"County"inspects sower service lines fronr point of origin to termination. We,provided our attorney,Robert Siler,with another plan for impervious details and on September 28, 2005,he met with Macon County and the Macon County Attorney and wm told that our new plan was good,but that permits would not be issued because they were .fined twenty thousand dollars for a broken sewer line and they had received a "phone call". Again, this did not make any sonsc. ■ September 29,2005 -The"NCDENW'faxed Macon County a copy of FROM :MILL CREEK FAX NO. :B28 349 045e Nov. 07 2005 09:0BAJ°t Pe a Sewer Moratorium letter f Om January of 2000, a copy of which we obtained from Robert Siler,otn'attorney. Again,we thought the`Town",not the``County,',-was iar charge of this. October 10,2005 -We went to the"Town"and purchased two more sewer and water•taps and wondered.why we were getting them if there was a Moratorium. October 19, 2005- After much networkin, and no clear answers,and because building permits were actively being issued in and outside of Mill Creek on the sewer. line"Willow View"had installed,but none would be issued.to"Willow`JieW',we produced a letter(attached)to Macon County from Jeffrey W.Norris,Attorney at La-ty. Had Ave known the real issue was that the`NCDENR"and"County"viewed the "Woodside improvements as,extonsions jind the"'Gown"and"Willow View"viewed them as services,we would never have created that letter. + October 26,2005 -We saw Cliuck Seagle,the POA sewer aid water manager, nerd asked him what he might know about this situation. He told us that the reason we are being held up is not a Moratorium,but him finding an"illegal sewer line"during his "mapping"of the systems with.the"NCDENR'for the turnover to the PGA. s October 27,2005 -We inimediately drew plans of what we knew or believed had been installed and faxed to our engineer,"McGill"and requested that he set up a meeting with the"NCDE R", "Town"and our plumbing contractor. November 1,2005—"McGill"told us that the`NCDENT'told rum on October 11,2005,that they did not want to meet yet because they were drafting a letter to "Willow View"to be mailed on or about;November 4,2005. jFROM :MILL CREEK FAX NO. :828 349 0458 Nov. 07 2005 09:08AM P9 Due tv the confusing Mlviroizment"Willow Viow"feels it has experienced-over the last six weeks with the vatiotls entities illyolved in this matter,we are prepad-rig this brief letter on November 2,2005,to have ready for distributiott if needed. "Willow View"stands rcady to coiz'ect or help correct the situation. Sincerely, Scott D.Fisher Willow View Properties,Inc. Encs: sdf/grd ` " FROM :MILL CREEK FAX NO. :828 349 0458 Nov. 07 2005 09:0EAM P1 MiLLCPE .q j2x-t& Coiratry Cab. �- �.O. Box.659 Franldin, 'C 28744 Date: /0/ To. pax Nimlier- ~ C4 T .. Fridftiv .MM Creels Resort& Country Club Fax Nahbor: (828) 349-0458 Phone: (828) 5Z4-6458 l3 . . .� j / CJUJL �l• •D � yr2 ,¢�4 tvi 131�i1� YllsGc1rL �y . Numb ar of pages, I of f oa (Tnc,I�uding ,�Crs -'f�dr NOV - 7 2005 I I 0 WATER CU .0 C p SETOI 1 ASHEVILI_C(a,�GIOII:�L�FFICE� Iv IL ��p ST 35 E wi,LOW VIEW PROPER7! ff- 4 95' E �2/SBA; E5, INC. i, 1� '�P 2 WIJ.LQ'k VIEW PR&PZRTIES. 11iC. Qi E-22/'1877 O + S.O -' 1 taT 14, DILL CP.EEX EST., -5d'E EIR �,, CULT- VILLAS uy \ d6.17 + PLAT, ti R-3Cp•RfJ 156 m d6+x� 1� IFSyg7-b4 �� 1��F• gr 9 ��,'))((�� Jla �UFgS P:0-A��' N'1LtON' 'igEW PI;OPERTIEi, :• F9 :_ya� IRS �� ` .` Mf`X kl s+ E 22/157? nCrC. '` r l I 2 ti F-5 R R Exl$Z {6 45{1ti i� ~JJ ti POTI`8, McLTCR�iK ES7., II } } s EII220,VIEW PR,?PEK71i5,IW^�, PLAT CARG 720 Z .� r� �lT � t QQ } `= � SlVw,ec �Y _ ` L07 9, MILL Lfi'E'EI( ESi., { y4. 1C�"11 7 1 'E R-44 , n. c KPH. 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J_ E 0 FROM :MILL CREEK FAX NO. :828 349 045e Nov. 07 2005 09:07AM P5 November 2,2005 NCDENR Division of Water Qualfty 59 Woodfm Place Asheville,NC 28801.-241.4 ATT: Roy Davis Dear Mr.Davis: %Villow View Properties,be.,has been the developer of Mill Ctwk Resort and Country Club since 1986. Now,nearly twenty years later,"Willow View"has twenty-six towtibomes and approximately thirty lots to sell or develop before our real estate operations are complete. • 1987-"Wjllow View"installed.a sewer and waterline to&e Town of Franklin with the cooperation and direction of the Town of Tranklin and McGill Engineering. -Willow View"has a long standing service agreement with the"Town"and"McGill' has been our sole,engineer. • August 2004-Macon County approved m Erosion Control Plan for "'Woodside Villas"that was subnu.tted by"McGI17. • March 2005 -After site work on"Woodside"was compiety,we mot with "McGill"to discuss water aitd sewer installation with a drawing we had done that depicted an 8" sewer litre with n1anholes. "McGill"agreed tbat the drawing was appropriate. FROM :MILL CREEK FAX N0. . :828 349 845e Nov. 07 2805 89:87AM P6 ■ May's,2005 -We purchased six water and sewer taps from the"Town" for the first six tow11h0m.%in"Woodside". Shortly thereafter,"McGill"prod1jecd a.formal construaiion drawing. "McGill"suggested that it tnight take one year or more to obtain approval to construct the sewer line. Due to prc-sales requests and commits-fonts,we reviewed the site. From the building locations ajid topography,we thought it might be possible to utilize services to the townhomes without the need for a stage approved line. We arranged a meeting with the"Town"and our plumbing contractor to discuss the idea. The two agreed at the site that it was"ok"to do and discussed labor,materials and timing. We called"McGill"and-notified thein of otir decision and although"McGir expressed skepticism,we Felt confident that it was"ok"due to the agreement of the "Town"and our plumbing contractor. July 2005-With labor-and material provided by both the"Town"and our plumbing contractor,the sewer and water services for"Woodside Villas"were completed. * September 2005 -"Willow View"had three confirmed sales for"Woodside Villas"and on September 14,2005,we asked our building contractor to obtain six permits from Macon County for which we had purchased six water and sewer taps from the"Town"on May 9,2005. • September 19,2005-Our contractor returned the applications and said that Macoyi County needed to see the impervious details of the building site and notbing else. * September 22,2005-We provided Macon Conntp with a plan for the impervious details. Also an this day, Chuck$eagle,the nmager for the Mill Creek Property FROh1 :MILL CREEK FRX N0. :E2e 349 045e Nov. 07 2005 09:07AM P7 -07 Owner's.association(POA)water and sewer systems,tells us that the`N(CQENR"and the"Town"have 7-equested that the POA flake over the liability and responsibility for a management plan of the systems,to inelude the`Town'installing a master caster meter at the entrance to Mill Creels. He said that the"NCDENR","Town","McGill"and POA have already had meetings. We noted that"Willow View"bar,a long standing active agreemelat with both the"Town"and POA related to these systems. • September 23, 2005 -Macon CoLmtry returned the-}permit applications With a letter(attached)denying otu plan for the impervious details and this time requesting approval from NCDENR for the extensions to the system at"Woodside". We replied witli a dote on the letter(attached)that the main sewer was approved in 1991 and the "Town"bad approved the services to the buildings. (We did not petceive of,or recognize the services as extensions.) We also dui not understand why.Macon County was making this comment,bemuse the'Town"operates the water and sewer systems. Although we understand that the"County"inspects sever service lines I`rom point of origin to termination. We provided our attorney,Robert Siler,with aizother plan for impervious details and on September 28,2005,he tnet with Macon County and the Macon County Attorney and was told that our new Plan was good,but that permits would iiot be issued because they were fined twenty thousand dollars for a broken sewer line and they had received a "phone cull". Again,this did not make any sense. • September 29,2005 -The"NCDENIV"faxed Macon Cotuity a copy of FROM :MILL CREEK FAX NO. :928 349 045e Nov. 07 2005 09:oeAM PB a Sewer Moratorium letter from January of2000,a copy of which we obtained fi-om Robert Siler,our attomey. Again,we thought the`VTown",not the"County",was in charge of this. • October 10,.2005 -We went to the"Town"and purchased two more sewer and water taps and wondered why we were getting them if thcre was a Moratorium. October 19,2005 - After much rietworkin, and no clear answers,and because building permits were actively being issued in and outside of Mill Creels on the sewer line"Willow View"had installed,but none would be issued to"Willow View",we produced a letter(attached)to Macon CountY from Jeffrey W.Norris,Attorney at Law. Had we known the real issue was that the"NCDENR"and"County"viewed the - "Woodside improvements as extensions and the"Town"and"Willow View"viewed therm as services,we would never have created that letter. October 26,2005 -We saw Chuck Seagle,the FOA sewer and water manpger, and asked him what he might know about this situation. He told us that the mason we are being held up is not a Moratorium,but him finding an"illegal sewer line"during his "mapping"of the systems with the"NCDENR'for the turnover to the POA. • October 27,2005-We immediately drew plans of what we knew or believed had been installed and faxed to our enguieer,"McGill"and requested that he set up a meeting with the"NCDENR", "Town"and our plumbing contractor. • November 1,2005—"McGill"told us that the"NCDENR"told him on October 31,2005,that they did not want to meet Yet because they were drafting a letter to "Willow View"to be mailed on or about November 4,2005. FROM :MILL CREEK FAX NO. :B28 349 0458 Nov. 07 2005 09:OBAM P9 Due to the confusing enviroiunent"Willow View"feels it has experienced ovet the last six weeks with the various entitics itivalved in this hatter,we are preparing ibis brief letter on November 2,2005,to have ready for disfixibutiOtt if heeded. "Willow View"atands ready to correct or holp correct the situation. Sincerely, Scott.D.Fisher Willow View Properties,hic. Encs: sdf/gfd ` ` FROM :MILL CREEK FAX NQ. :828 349 045e Nov. 07 2005 09:08A11 P10 �`��Jf ��.y�..�{pQ1.+TW."'1-•t:4'xrl:eL,16"��F:Y1111{'R3`7� ' . . MA.CON COUNTY CODE ENFORCEMENT 1834 LAKESIDE DRIB FRANKLM NC, 28734 $eptcmber 23,.2045 Afr. rtkFisller: Your request fvr approval for your cluster development on 5.454 acres has been disapproved.The area'ofimpervious surface allowed on this parcol is 57,018 square feet. Your proposal indicates 65,4 1 S square feet of impervious area, This departpriw is unable-to issue any building permits for this parcel until plains for this location indicate that the area of impervious surfhms does not exceed 24%of parcel and such plans are ertlter approved by this department or approved conditionally by this please include with your resubmitted application Vf app o Carolina. Aciz y�Yt1 Department of Hnviroumental Health Water Quality Division for the e, ensio e sewer system to the proposed structures. rack Morpn Codes Administrator C C-) 0 . ., ter All A-e w , tuoa•aaSseQWtst,slou,A%Ml► . pESs- sv(SZ9):tea • ov a-� (oos):*,Wd iiq - jZZZ-zsj,tsxg)�Quouavta', alp.laq rsaounulplo pup mol algaollddu Iry gjyA parldtvoa saq A=IA AullM tR paisanGax sul Ix wneuuq}trc atp Ili iIIA&Slunoo aqi pap;A xd saq A"y kko1It&Imp st outs.uwnoq xu lWout! aq 10uclea rlalt{tin Mfaad sn at siq F paysaA s tl AiaTA ollrM aratm3tjling lknplmq saapu*s t[mA 12 pue`loouas v`s awdalaAap 2i4moq snouen zog s rxuad Hui pnlour Foull ramus pugs glu astt iuga saxraar s an3 sllzuaaai Su. lmq CYtazomnu panozdds swq A�mod axll'pa ua 1paeoddtts umt. ern N1*iUP atil a�u.IS •arrcl-TeX zoJ udol xomos mou uo um ow vJo asneaaq %IMAMd axle-*t ti iou Ilrm Aiut►Qo-up wW p nwim T s m aagsli an`AltmoD em tlapyA=mm s.rgi artlosaa o1 Zur�a JQ splay&�Aas IMOX •sirul pd otp onssr of pang=II>ifi Anno3 aqt Inq told paumtlbaa gip pa4mgas'�r�noaIIttb3o 31��4 ua'�agszd�tau�`Iy1T`SQOZ`��I �S uo 'aszs Surplinq mrp jo sip snowadmt atp 9unazlsnTU u$Id n iltngils o;molA moilim paisanbaa puI#strorn{arlddu a�pauatuas r�rdlo�ag1'SI)DZ`6.I aaqula�do�ttp •,�3arto�aiFi oar xrtxrad; pjmq roj suot-wallddu 3qs oLp pallruigns zm=uoo Vulplmq s.malA,,marVj4`SooZ`-bI mquEndaS uo 'n*=:)IPW.ts U0jW=M00 JOJ I2[np0qM s ='q Vnoi xrs of 201AMs aoj atlAuNd ao uhtoi op uroz sslm aamss pug am&xp;pdup4qu malA aholllA4 'SooZ'6 AbW u0 'MOIA,MIPIM oY.7annas pug aa�rnti saptnaad urr nwd jo umo,L ai'juauraaift pogsi[gttasa-Saol a of iusnsma llq4=1 Jo MA0, ,atp IVuA paa.aa=oo Iz galtlA anzl MA10s 1?P:1I a$m!t ojA AtOMM'L86I ul i;i aintx w xmiodum sl II znq`rala ux smjo pupal lagq a►p Itwwp•ut asssatlat;ou Ili I 'slttn.iod�urplittt[ xis p oo nssl-iqi&q=mw AiQlA.MolijAk ptm/4dnoZ)uoauyg uaaralaq suopeolunanuoa sc►oumti uo do lumolloj we I ' =!1 a Ip.Y1L,}gxilo A,igUuoj pup lmsaa)JmD I[IN auto mdola,%ap atg`LAKA A&DIFA J - `sarild0ld-A%;?!A MOIIM sauasaAM uuy Sju :poon+uaav�•ayq�C� aul ac7a dA191A 90111AA :wd 1r�L8Z �lrl`a;Fla�.� iaaza.S�I�i�Ai1 S icianoo U00low'aailamyrl dlunoo P00Ai '-A=S INN I00tV6K IN x-sd VIA 500Z'6I JN0100 SAS . W 93ON 4LI Dz-a %-ALVMos '2' SMON ,A&ARRUajr 8p9-� 800l 0�'d 87e-1 �EI3EZ9 8t8 �11d S3��l�OSS� ofly gla�o* ald fW":70 9o""Si L iTd ' WU80:60 SOOZ 20 "'NON 8S'P0 072 8Z8: ❑N XU.J AEgN0 MIW: W❑tlA FR❑M :MILL CREEK FAX. N❑. :829 349 0458 Nov. 07 2005 09:09RM P12 'OCT-IB-I046 02:54i FR0HORRIS AND ASSOCIMS PLW 9204523314 T-940 P-003/003 F-542 i�- .Sam K U=nwood October 19,2005 page 2 County coulfimes to refuse w'issue the permits. The d0gy is causing a substp dW amount of hardship acid damage. I req=st that the County,thmgh its pmpC'officer,N"the permits without ady further delay. If this matter is not resolved by October 26,Willow View will pursue otbcr a of relief . Sincerely, r Jeffrey W.Dorris TWN/dn CC-* A&Scott Fisher , Mr.Jack Morgm(via fax at 524,2653) FROM :MILL CREEK FAX NO. :92e 349 8458 No. 87 20QS 09:86A11 P3 ARM {7l§.rs:;•*s-rC •. '.=m'•..._�e,N�'R°!c':',y�r:^,t`Cr T"ar>•nns�R�!rc. .. i`�'�j. a:•.v? �d�•fi;• AALCGILL ImUsSocIATESs P.A. r_0pj UL1rjjM s r=rJQ1RIEERS June,29, 1g93 IF North Car(Ana Depwtment of Health and Natural Resources DlvEslrm of EnAronmentai hr an gament permits and Engineering Un1t Post Off o Box 29535 Ftarelgh, North Carolina 276726-0535 Ri±. •Parmlt No.W00005936 Mill Creek.Golf Club Macon County Gentlerr[p., ` Please find attaohed the Engineer's Certification for the referenced project, please advise If further 10formatlon Is required. Sincerely, ModILL ASSOCIATESI P.A. JOHN T, COXEY, P.E. JTC:pj Enclosure cc: Scott Fisher. 91 f.Q6 • ncdehnr.28 , MO,RO G MEMO / yd4Jg61�-�g7S 0..13 ORAr`aN W STREET ASHIKVILL¢yNC7 HSQ@ �/ 704/05=-ta RMAXI �. XSHEaV No MU3801 FROM :MILL CREEK FAX NO. :B2e 349 o45B Nov. 07 2005 09:07AII P4 qMcGfll c;2 •1 �� .� December 20,2002 Mr. Gregory T,Thorpe North Carolina Deparhizent of Environment and Natural Resources Division of Water Quality. Nan-Diseharge Permitting Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617• � �rt C�zr.WIV RE: New Reserve,Sewer Extension Permit No.WQ0019779 MM Ctq.ek Country Club Ntwon County,North Carolina Dear Mr.Thorpe: please find enclosed'the Engineer's Certificatlau for the above referenced project, along Kith one (1) set of Record Drawings These documents are being submitted in ' accordance with the permit issued April 9,2001 by NCDEN-R for this project, If you need additional information,please advise. Sufcerely, McGILL A.SSOCINrES,P.A.. NEKE WARESAK,P.E. Project Engineering Manager Enclosures JacWtoriv�w - E n g i n e e r i n g P l a n I.� i n g F i n a n c e McGil)/1ssvC-[atee,Rd. - F0.Bvx 225P,AahsvUlc,N(.72890 - SS 81-oad S7rcu_K, 4,1)jeville, NC 28801 528-252-0575 RX R28-237-2SRR WAT ��Q y f Michael F:Easley,Governor y ''William G.Ross Jr.,Secretary r~ North Carolina Department of Environment and Natural Resources w Alan W.Klimek,P.E.Director Division of Water Quality November 1, 2005 Mr. Scott Fisher Willow View Properties Mill Creek Country Club Post Office Box 848 Franklin, North Carolina 28744 Subject: Sewer Service Ridgecrest Road Units Mill Creek Country Club Macon County Dear Mr. Fisher: In order that I may better understand the nature of the sewer system serving the Mill Creek Country Club area I am hereby requesting that you provide the following: (1) a verbal description of the sewer system serving the approximately 21 units on Ridgecrest Road, (2) a sketch depicting the sewer system serving the approximately 21 units on Ridgecrest Road, (3) Division of Water Quality Permit numbers( if any) for the sewer system serving the approximately 21 units on Ridgecrest Road and (4) the names, addresses and phone numbers of any consulting engineers associated with applying for those permits (if any). I find it reasonable that the requested information be submitted within 14 days of the date on this letter. I thank you in advance for your cooperation. Should you need to discuss this matter please feel free to call me at 828-296-4500. Sincerely, Roy M. t avis Environmental Engineer No�AhCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: h2o.enr.state.nc.us FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper / 0�3//�cL�5 �� � �� ��e �=� � y �'-�-�' � � �� *� � g � � u � F a_, �� � � � Chuck Seigel 89 Millbrook Heights OCT 3 i 2005 Franklin N.C. 28734 I I N.C.D.E.N.R WA T ER Q'-:A L STY SEc 101.! 2090 U.S. Hwy 70 L �,;H'-.R r ic_F J Swannanoa,N.C. 28778 Roy: As requested I have enclosed a schematic of the sanitary sewer hook-up for the Ridgecrest portion of Mill Creek. Scott Fisher disclosed this construction at a recent meeting. I followed up with a visual inspection to confirm this information. Thank ou, C Chuck Seige O------------------------------------------- JT f17 a \ I I � j R /r -15 J '.4 �v t� C r Cou�,,�� ��u� 1 T 4 91 � 1 i - C W_ _c 4� S � I a � I I I f 1 f 1 � �i a 3� I 9 1 �l t i i is - -- ---- - -- -- - ---- --cam-�"'"- __ - -- -. __ � v ,, � __ - MACON COUNTY/MILL CREEK DEVELOPMENT Subject: MACON COUNTY/MILL CREEK DEVELOPMENT From: "Rick Moorefield" <roorefield@maconnc.org> Date: Thu, 13 Oct 2005 11:33:49 -0400 To: <Roy.Davis@ncmail.net> CC: "'Jack Morgan"' <jmorgan@maconnc.org> Roy: I spoke to you earlier about the sewer extension for a proposed townhouse development to be connected to the sewer line in Mill Creek by Scott Fisher. Chief Building Inspector Jack Morgan has denied the permit due to the sewer moratorium imposed by DWQ in 2000. The Town of Franklin has given the developer permission for water and sewer taps for 3 of the buildings in the development. Town Administrator Mike Decker told me that the Town regards Development in Mill Creek to be"grandfathered"and not subject to the moratorium. You have told me that DWQ considers the"grandfathering"to cover any sewer lines that were planned for installation at the time the moratorium was imposed. There is no way to determine what was planned for installation at the time the moratorium was imposed. Ownership of the remaining land has changed hands several times. It is unlikely that there was anything planned for construction at the time the moratorium was imposed other than projects that were already permitted. This"grandfathering"status is somewhat ambiguous. It also appears that more than 50 dwellings have been permitted in Mill Creek since 2000. The Building Inspector is caught between the Town's assertion that the development is "grandfathered" and your assertion of the moratorium. Please advise whether the Building Inspector is to regard this project as"grandfathered" or not. Rick Moorefield Staff Attorney � --I � J pLul -/I 1 of 1 10/13/2005 12:53 PM _Y17=7ff FROM :MILL CREEK FAX NO. :828 349 0458 Nov. 07 2005 09:08A?q P10 �� f�i-�rdtawy:Ka:::1....:ar4.,:..cooy�w-:..�f�•.., a�cs� a 1834 LAKESIDE D F FRANKLN NC, 28734 September 23,-2005 Mr. Soot Fisher: Your request fbr approval for-your cluster development on 5.454 acres has been disapproved.The area ofhnpervious surface allowed on this parcel is 57,018 square feet. 'Sour proposal indicates 65,41 S square feef of impervious area, This,departtaW is unabte-to issue enq building pmnits for this parcel until plans for this location indicate that the area of impervious surface$does riot exceed.24%of the parcel and such plans are either approvW by this department or approved conditionally by this Please iactude with your resubmitted applicattaa al)^ o Carolina 17epsrtment of EnvironmentW Health Water Quality Division for the mensio �4 sewer system to the proposed structures. •ax rack Morpn Codes Administrator q Co 3�j�r'C)� lit-r— �Nww- "�-Jrltcw 3 4?1 FRDM :MILL CREEK FAX NO. :828 349 0458 Nov. 07 2005 09:08AM , P11 f OCT-IS-2005 FROi ORRIS AND ASSOCIAT98 FILL B2B4B89ff34 T-940 P.002/008 F-HO inTREY W. NoRRrs &AssociATEs, PLLc ATT MNE'YS AT LAW . 3wurri:Piofi�io�Bub�in� . 177 Noah Main 8ttM Wayu-sville,NC 2M6 October 19,200S N _Y.zti Fox at 349„��400.aad Reguiar Mail Swn&Ch=nwoad County M=ger,Maevu county 5 West Main street Fiw*litt,NC 28734 Re: laIdJjUi)g _gg Us for Willow View am man Tne Dear Mr.areenvwodc This firm represents Widow View-Properties,hie. ("WillowYi.4:w'),the developer of the KIT Cheek Resort and Country CIub("Mill Creek"), i am following up on various • cv=tmicarions between Macon Colmty ad Willow Vim cone lft tl a issuance of six building permits. I will not teheme in•detall the background of Us Mauer,lntt it is important to note that in 1987,Willow View ins taped a sewer Iinq which it con=ted with the To-an of Fmnk[K Pursuant to a long-established agreement,the Town of FnuWin provides water and sewer to W-11115W Vi1Yw, Ora May 9,2005, Willow View ebWnod six water and sewer talcs from the Town of Fmnklin fbr sezTlm to six town,homes scheduled for eorlsurttc-tion at Mi11 Creek, On Sept er 14,2005,W11low'View's building conmmr submitted the six applim-lons for building peltits to the County. On September 19,2005,the C01MV TOtumed the applic4dons ad requested Willow View to submit a plan illustrating the impervigus demils of the building site. On September 22,200$,Mr,Scott Fisher, on behalf o€WiIldw Viaw, submitted the requested p2alt, but the County still ttrfused to issue the permits. Wow,after several weeks of hying to resolve this matter with the County,Mr, Fisher was instructed t=the County will not is sac the p&mits beam=of a moratorium on new sewer taps for thai.linc. Since the datb the mQratmiurn wag supposedly etracted,the County has approved mumerovs building pewits for structums that um the same sewr-r line,including penttits for various housing dcvelaptrtent%a School,and a youth sees buildin& Farthcmwra, Willow Yiew has vested rfsbts in its project which cannot be ignored. . The botrrnn-Une is that Willow.View has provided.the County will all the information it has requested 4ad Willow View has complied with all applicable Iaws and ordivanoc8,but the Telephot►es(8Z8)452-2221 - Toll Free:(840)4i"3W • Fax:(828)452•3534 www.norrisanda5soc.aorn FROM :MILL CREEK FAX. NO. :828 349 0458 Nov. 07 2005 09:09AM P12 CT 16-2005 0214M ~ PROII*N01lRfS Ally ASS�ClA S PL4,C 828�62d63� TW9$B P•QD31QQ9 F-04$ 1� Kr CrMcnwood October 19,2005 page 2 County cootinues to refue to issue the permits. The deity is causing a subsomrial amount of hardship Uad damage. I req=st that the Cmmty,through its proper officer,issue the permits Withaut 84y farther delay, If this matter is not resolved by October 75, Willow View vfill pursue other farms of relief. Sinctrcly, Jeffley W.Norris JWN/dn Cal Finher Mt;Jack Morgan.(via fax at 524,2653) v s/ a s` � I05/1DOl2 f �jA Michael F.Easley,Governor lip RQG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 4� Alan W.Klimek,P.E.Director 7 Division of Water Quality August 14, 2003 Mill Creek Co Club Scott D Fisher PO Box 848 Franklin NC 28744 Subject: Engineer Certification WQ0019779 9 Mill Creek Co Club-New Resery Macon County SHEViLSLEREGION L SECTION Dear Mr. Fisher: The Division's Non-Discharge Permitting Unit has received the signed and sealed Engineering Certification required for compliance with the subject permit and 15A NCAC 2H .0220. Please note that any record drawings and other supporting documents submitted will be forwarded to the appropriate regional office along with a copy of the certification. Please keep this letter and Engineering Certification with your subject permit/record drawings file. If you have any questions regarding this letter, please contact Division of Water Quality Asheville Regional Office. Sincerely, Glenda M. Rouse Enclosure _ cc: Asheville-Regional-Office;Water-Quality-Section-- Central Files McGill Associates P tr ENI R Non-Discharge Permitting Unit 1617 Mail Service Center Raleigh,NC 27699-1617 NCDENR Customer Service Phone(919)733-5083 Fax(919)715-6048 Internet http://h2o.enr.state.nc.us/ndpu 1 800 623-7748 ,J D7/A/1995 01:43 4 P.AGE 06 Permit No. WQ0019779 April 9, 2001 ENGINEER'S CERTIFICATION 6 202 Partial x Final < 1, Randall D. Hintz , as a duly req1_s_tQMd Professional Engineer in the State of North Carolina, having been authorized to observe er(odlcal(y weedy, the construction of the project, New Reserve Sewer Ext-Mill Ck Country Club Franklin, Macon County for the . Project Name Location and County 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 of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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, CARO''� image* 9.�� North Carolina Professional Engineer's seal, signature, and.date: a''O�ES Z7 -o <<�+DAVtO �`�`� The above Engineer's Certification shall be completed and submitted to the address below with one- copy of the "Construction Record Drawings"of the wastewater collection system,extension as well as supporting design calculations for any pump stations permitted as part of this project. This project shall not be considered complete not allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. "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. NORTH CAROLINA DIVISION OF WATER QUALITY .WATER QUALITY SECTION NON-DISCHARGE PERMITTING UNIT, 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 04/23/2001 NON 10:40 [TX/RX NO 71821 Q 006 F V1JA Michael F.Easley,Governor R William G.Ross Jr.,Secretary 1 �Ot ��i North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director QDivision of Water Quality August 14, 2003 Mill Creek Co Club Scott Fisher PO Box 848 Franklin NC 28744 Subject: Engineer Certification WQ0014289 ft Mill Creek Co Club-Creekside / 9 Macon County 0&4A11 SEc �1p�yA T/p� Dear Mr. Fisher: `OFFICE The Division's Non-Discharge Permitting Unit has received the signed and sealed Engineering Certification required for compliance with the subject permit and 15A NCAC 2H .0220. Please note that any record drawings and other supporting documents submitted will be forwarded to the appropriate regional office along with a copy of the certification. Please keep this letter and Engineering Certification with your subject permit/record drawings file. If you have any questions regarding this letter, please contact Division of Water Quality Asheville Regional Office. Sincerely, Glenda M. Rouse Enclosure cc: cAsheviilFReglonai=Of.i e;Water=Quality-.SectLon Central Files McGill Associates Pa Non-Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 NCDENR Customer Service Phone(919)733-5083 Fax(919)715-6048 Internet http://h2o.enr.state.nc.us/ndpu 1 800 623-7748 v 1 Y I RIMcGiR �Nt d �, A S S 0 C I A T E S -� �!HOg/O N-NO December 20, 2002 Q N01.LV Mr. Kim Colson va J} NCDENR—Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Creekside Sewer System Extension Mill Creek Country Club Permit No. 0014289 Macon County, North Carolina Dear Mr. Colson: This letter is the engineer's certification for Creekside Sewer System extension for the above referenced project. .Also attached is one (1) set of record drawings for your files. If you require any additional information, please advise. I, Joel L. Storrow, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe periodically the construction of the project, Creekside Sewer System Extension, Mill Creek Country Club, in Macon County, North Carolina, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H.0200; the Division of Water Quality'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; and other supporting materials. Sincerely, McGILL ASSOCIATES, P.A. p0p9000000C63p�B onoo°0 (� G1 °pao 000 1��`�„ oc�mo v JOEL L. STORROW, P.E. 0. o oo Registration No. 14774 `''6i0 o Off:OCv00Cf736�®y.. . cc: Scott Fisher, Mill Creek Country Club (w/enclosures) 00739/kc20decO2.doc E n g i n e e r i n g P l a n n i n g F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 • FAX 828-252-2518 GM A S S O C I A T E SOP MC f �� December 20, 2002 t� Mr. Greg ry J. Thorpe North C olina Department of Environment d %� r atural Resources Division of Water Quality Non-Discharge Permitting Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 RE: New Reserve Sewer Extension Permit No. WQ0019779 Mill Creek Country Club Macon County,North Carolina Dear Mr. Thorpe: Please find enclosed the Engineer's Certification for the above referenced project, along with one (1) set of Record Drawings. These documents are being submitted in accordance with the permit issued April 9, 2001 by NCDENR for this project. If you need additional information,please advise. Sincerely, McGILL ASSOCIATES, P.A. MIKE WARESAK, P.E. Project Engineering Manager Enclosures Cc: Scott Fisher(w/enclosures) Joel Storrow 00740/eng cert-dwq-20deec02.doc 3� Engineering Planning Finance 1'^ McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 1� �/ 828-252-0575 • FAX 828-252-2518 FROM :MILL CREEK FAX NO. :828 349 045e Nov. 07 2005 09:07AM P4 MeGM � 2 l e Wfu 1— December 20,2002 r Mr. Gregory J,Thorpe North Carolina Department of Environment turd Natural Resources Division of Water Quality Non.-Diseharge Permitting Unit 1617 Mail Service Center Raleigh,North Carolina 27G99-1b17• RE: New Reserve Sever Exterlsioit Permit No, WQ0019779 Mill C rgok Country Club Macon County,North Carolina Dear Mr.Thorpe: Please find enclosed the 13--ngineer's Certification for the above referenced projor'� along with one (1) set of Record Drawings. These documents are being submitted in accordance with the permit issued April 9,200.1 by NCDLNR for this project. If you need additional inf6rrnation,please advise. Si xerely, McGILL ASSOCIATES,P.A. MIKE WARESAK,P.E. 'Project Engineering Manager L�ri4109ur�5 %am�Joe mstorror MUM •• OU7R0/ang cent-dwcl-20dcec03,doc Engineering PlanI..iing Finance McGill!?.}•rvC-lases,PA. FCJ.Box 22,59, A.rhevi.11e,NC.28802 - 55 B mad S'rrvet..AshevfllE. NC 28,701 828-252-0575 r.4x 828-252-2518 FROM :MILL CREEK FAX NO. :829 349 0458 Jan. 23 2006 10:45AM P2 lf7tGn4A�116N $IE NpT LgOi�TBD: 1:S SNo"'t Qyj mt`5 §URKY -FLAT aRV HORtI4t43'}i. �#DUNQ p�tay�Es ti1Nl�SS' - •F�'S•. . OTHEPYI E ►;QFEP,4.- 4TV+t:R 51Ial1 £iy�}%1. CTTa -AU01310 711IS QKF.N MAY 4TS. � R a4t1 � �UGSOFR WRO .$M'T IH ME NOT OEIMCIBD HICREON- 27.7d ER - s lIi U•a 0 PaREST SERWGE TRACT 1013 ALUM. MON. L15Eri.' cot. 6. 1�74Ta , - v', {�},+. -ram.,,••.•. Etta: L TO COR. 5. TA 1t)13 YrILLIAhI 9, Rt�$1W50i1 its , MILL GREEK ESIAT( 5. PH,, 4V EtR as SOtt RD PLAT r,ARD. T687 SN`t6'115"W �a WILI.IAM B. R09IN501 INKVC. PLS. 09/1+192 MILL 1531 L,:SFFF&gKLE, PPS. 1-R/14/9.3 PLAT C32EEj( K ESYAIE�. PH. ;F1� SPRINIGUE, PkS- p311.9/*3tl . PLAT ARG k887 E •f IRON ROD (AS NQTEP) FROM :MILL CREEK FAX NO. :828 349 0458 .Tan. 23 2005 10:46A1.j P , ` LOT 51, Q1�. ISI, SECT, 11 WILLOW 'VIEW FHQr'Lml,r Al c-22/1877 ., PEAS CARQ t31 EEK ZSTATES m1 LOT 50, PM. 111. S'EGT, 11 pLA'T G'ARti i351 OAK CREEK ROAD �. ,' � 3C3' ExIS71r�G �R1yATE ACCCSS �t✓�' �''. h�j r ROAD 6C UTI41f.Y R/1" •� � � PAL` ,• ' t • G \ y AV tiff e Y �a 1 Y „a'• : .vG � .. 17 a �• '�,'L', its • 'V; •pK.RAI SEf ty f; LARDY D.-WLL�N- ;?F S MH G-2d/3G8-370 ;{ WU CREEK ESTATES {OT 46. PR an, SECT +t PLaT CARD 1351 VS �Ay r EIA RE SE ROAD rr PRWAT� ACCESS 06/30,12006 08:38 8285246456 PAGE 35 Mc • A S S Q G I R TE s pecember 20,2002 Mr.K.iin Colson. NCDTR—Division of Water Quality 16171VI K Service Centcr Raleigh, NC 27699-1617 Ito: C makside Sewer System Extension = Mill Creek Country CIub Pmuit Nu. 0014289 Mauna County, North Carolina Dear Mr. Colson: . This letter is the engineer's cerCification for'Creekside Sewer System extensiah for (lie. above referenced project. ,Alsd:attached is one (1) set of-record drawings for your'files. If ` you require any additional information, please advise, 1, Joel L. Storrow, as a duly registered Professional Eng9mr in. tt State of North . Carolina, having been authorized- to observe periodically the •construction of the project, Cireel ode Sewer System RvtezWon, Mill Creek Country Club, in Macon County, North Caralima, for the Pere iffee hereby. state that,.to,the best of my abilities, due Dare.and diligence was used in the observation of the construction such that'construction was observed.to be built within substantial compliame of this permit; 15A NCAC 2H,MW; -tbeJ.)lvisiom of Water Quality's Gravity Sewer Minimum Design Criterla adopted February 12,- 99d'as ipgficable;and the Division's Min�tun- Design Criteria for the Fast-'fuck Xermitting of Pump Stations arid'. Force Mains adopted 7u= 1, 20M as-applicable;and other supporting materials. Sw=rely, KeGILL ASSOCIATES,F.A. .,N�•���••a, 0 V S' 147.74 roaI.1r. scow, i : . Registration.No. 14774 ,; ��.„oo,.•� ' J�ff0YL0eL�Hw� .F ec: . izcott Pishear,Mill Creek Cournry Club(wlenclosuues) . QP7�AaCZOACCbZ.QaG - EngLneerin• g : -Planni.-.ng• ' 1 i .n -4•n' ee h&Gffl Asseplates,P.A. Fd.@ox 22'S9,Athevllle.1JC 28802.+ 1.1 Broad SYrnt,dskevtllo?,NC 24401 d2 8-2 3245 7.1 - FAX 828-25a-25le 06/30,12006 08:38 82B5246456 PAGE 36 c WAS PERMIT NAME OFF OWNLRSHIP CHANGE FORM r FOR SEWER SYS`fEMS a � FORM FN0CF-Sa91o4 TM ft-rmar bn'phnft—p n ftr uae w a2 allM Our notaliereau arywey, t m form Is to be used for tronfer ft cc psmi for d�to tr new owner or changing a company name. Sewer permits start with a WQ and contain the terms sewer extarsion or eoleefion system In the permit suet gecl field. This form should not be used for permits bieginrti V with NC,NCG;SW or other types of nonwwer permits beghir>irig wffh WQ. I. REQUIRM ITEMS—PLEASE READ CAREFULLY.INCOMPI SME S OR OMISSIONS MAY LEAb TO DELAYS iN PROCESSING YOUR REQUEST. T. Submit one original of this completed and appropriately mmcuted Form. a. For a change of ownership,the certification must be signed by both the current permit holder and the new applicant. b. For a name change only,the certification must lie signed by the applicants..: Z. Provide legal clacumeritation df the transfer of ownership or company name change (such as a contiact,deed,article of incorpgratton,approved Board minvtos,etc.)for ownership changes. S. Far transfer from a deyeloper to another developer who fS seUPng fofs: a. . Submit a•properiy executed CpercAonal Agreement(Forrn DEV 02103). b, If the developer has already formed a legal Homeowner's Association (HOA)In accordance with an executed Operational Agreement,Submit d copy of the articles of IncorparcTtion,Declaration and Byldws'that contain the language recluirod by the Operational Agreement. h. For transfer tram a developer to a legally formed and registered homeowner or.property owner association (HbA/POA): a. Submit a property executed Opetafionol Agreement (Form HOA 02103). b. Submit a copy of the Association Byiaws�rnd Declarations that contain•.the language required by the Operatlonal Agreement, II. PURPOSE OF THIS TRANSM CI Name Change (Ownership Change o Other(e)plain on sepw&e&&eLt) Ill. .!CURRENT PERM iNFORM�►�ION Permit number: WGi00 4 Com name; ; M' Permit signing official name and i1Ne(current name on permit): `S . .. ARc�iTi aCldr�rss: . O . . C.Ci State: 7� •^� Te. Fax: ' -0 Email: sie i I Nh C r, and[;nsoar m Byahma unit 1817 Fialdyfi,NO MAS-1877 CO X%bOv 512 N_SaFs6uy StrmK$u[W 1304,fftle'fo.NC Z W' �eWqgione D).e73345=r,rra JW tt919t rss.oase.. An Eq ►oARmrnWAOR n Bftbyar W%r0 yd0&1P %oat-amuRm r paper 06/30/2006 08:38 B285246456 PAGE 37 FORM PNOCF 8 PAGE 212 IV,WM OWNERL14AMI INFOitMA'RDI� name: ' Aulhaded sigrnng official name ond.title(see 15A t4CAC 214 MD6): mallina address: C.I State• 4 Tel: Fax: E-MC : V. CERT1flCATIQM i. Current Perr iftee's Cerl9fication: i, 1 dz -dtest that t11is app8cation for n=o/ownership chgngo'has been reviewed and is accurate and complete to the best of my knowl e. I understand that ff'all required parts of this application are not completed and#hat it all regtfired supporting Informnfion rmd'a tcrchrnents aril not included, this pppticatlon package will be returned as incomplete. I understand I will continue to be responsible far cow with the current permit tang a new pesmlt rs issued. ' 5igrrature: bate- ems.? ,C 2. Applicants Cer0cafian: attest that this applcation for narne/dwnership change hm been reAewwed end Is accurate oncl complete to the best of my knowledge. I understand that If alb requred parts of thls application cm-not completed and that bf all required supporting information and attachments am not tncluded,this application package will be ret►smed as incomplete. FbigrCatuiv, bcife: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIAL;,SHOULD BE SENT TO.THE MENTION OF MARIE DOKLOVIC AT THE LETTERHEAD ADDRESS *-END OF FbRM PNOCFL-S 09/44"* 06130;2006 08:38 8285246456 PAGE 38 STATE OFNORTE CAROLINA COUNTY OF permit No. H NIFJPROP TY owNEPSO 1 RATIONAL This AmmavT made pit to•G.S. 143-215.1 (d1)and entmd into t'bds day of by and between the North Camlina Envirmmiental Mvuageznent ConwAssion,an agoney of the:State of forth Carolina,hmvina known as the.COMMISSION;and, ,aeon proft crsrpot'ation oi8mi=d and w sft tmtler and by viroxe of the lavers of the State of North Carolina,herchudber known as fbio ASSOCTA.TION. WTINESSIITH; 1. The ASSOCLUTON was formed fbr the putgose,mong otIxers,of handling the property,affairs anc- .: f>usiaess of thu deyclopment known as - (herexnafterthe Development);of qpmmfiag,maari#aiaing,re'constracting and repairing the common. elemimis of the lands acid improvements subject to tpbit owner Wp,imIuding tho wart venter collection system with pumps,wastmater treatinexrt works,'andlor disposal facilities(hereinaffmr Disposal Systems); and of calledng dues and assessment to provide funds for such operation,maintenance,re-constntction and repair. 2, The ASSOCIATION desires;to construct andlor operate a Disposal System to provide sm3itary sewage 'cti.sposal to serve the Development on said lands. S. Thc.ASSOCIATION has applied+ta-the CONAMSION_f&the issuance of a permit pursumt-to G.S. 143- 215.1 to const=4 maintAit6 atadlor dperate the Disposal System. 4. The Development was created subject tea cart ownership in the dwellings units,other improvements nud,• lards through f ling pf a Declaration ofUjdt Ownership(hereinafter Declaration)-�porsnant to Cla.arpter 4.7C or'47F ofthe North.Carolina.General Statatw. 5. The COAMSION desires to assure that the Disposal System of the De velopmcmt is properly constructed,maintained and operated in acca nimee with law and permit provisions in order to pretext the quality of the waters of the State and ithe public interest therein. NOW,TEEPMORE,in consideration pfdw promises and the benefits to be derived by each of the parties hereto,the COMMISSION and ASSOCINTION do herabymutemlly agree as follows: 1. The ASSOCJAtTON shall.mistruct the Disposal Sys attdlor make rmy additions or modifications to the Djaponal Syst=x L in avoard,=oe vAlh the paint and ply una isancd and g7mvcri by the COMMISSION,and shall thereafter Vwperly operate and m2intaiu such systems amd Pdcilitf es in accordance with applicable permit provisions and law, 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the bisposal System. and appurtenances thereto are past o#�tthe common eleureents and shall ffi=after be'properlymakdained and operated in conformity with law and the'provisiona of the permit far'constnmction,operation,repair, mnd maintenance of the systen and feed dw- The Declaration and Bylaws shall identify th&entire wastmatrr treatmeart collectlon cad didposal system as a common elem cmt which wilt receive the highest priority far cxpenditures by the Association except for Fedeml, State.and local taxes and i nsatanco. FORM: HOA 02/03 Fago oft 06/30,12006 08:38 8285246456 PAGE 39 3. Tha ASSOCIATION shall provide in thoDecbratimt arid.Association Bylaws tat the Disposal Syd= will be maintained out of the commpn cxpeuses. In order to assure that there BIWI be funds readily available to=pair,maintain,or aonst rot the DispFosal.System beyond the routine operation and umintemce expenses,the Deolaration.and Association Bylaws shalt provide that a fund be created out of the commm expenses. Such fund shall be separate$om the routine maittenmce fazed allocated for the adlity and shall bo part of the yearly budget 4. In the event the common-expense allocation and separate ands)are not adequate for the construction, repair,and maintename of the Disposal System,the Declaration and Association Bylaws shall provide for special awessmmts to cover such necessary costs. There slWl be no limit on&o amount of such assessments,and the Declaration and Bylaws a shall be provided such-that special assessments can be made as necessary at any time. S. If a wastmater collection system and wastewater towataemt and/or disposal facility provided by airy city, town,village,county,water and.sewer=fhorldes,or-other unit of government shall baereinaftar beomite available to serve the Development,the ASSOCIATION shall take such action as is necessary to cat>te!fI e cxWng and futam wadewater of the IS evelopn=t to be accepted and discharged into.said govfinmental system,and"conveyor transfer as much of Me Disposal•System,and such necessary easements as,the Sov=meniat unit may require as condition of accepting thus Development's wastewater. 6. Recognizing that it would bo'cantrary to the public interest and to the public health,safety and welfare for the ASSOCIATION to.enter into voluntary dissolution without]raving trade adequate provisicm for the continued pmper nudntenanM repair and operation of its Disposal System,the ASSOCIATTON shall provide in the ASSOCIATIIOX Bylaws that the ASSOCIATION shall not enter into vohintary dissolution without Ent baying trawforred its said.syatem and facihities to some person,corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a pftmit" 7, 7be ASSOCIATION shalt not transfer,convey,assign or otherwise Minquish or release its responm'bility fax the operation and mababamice of its Disposal System until a permit hHs been rebsrxed to the ASSOCIATION'S successor. s S. The agrremmts set forth in numbered paragraphs 1,2,3,4,57. 6,and 7 above shall'be conditions cif ally permit issued by the COMMISSION to the ASSOCIATION for the eonstaction,grain#cnaacc,repair and operation of the Disposal System. 9. A copy of this agreement ah%U bo tiled at the Register ofDeeds in ffm County(ies)where the Declaration is Mad and in the offices of t}.ie Secretary of State of North Carolina with the Articles of Ticoxporaticm of tlae Association. IIV•W1'I'NESS WITMOF,this agreement was executed in duplicate originals by the duly authorized representative of the parries hereto on the dw and yam•written as indicated by each of the parties named below: FOR TnE12IVIR0NbV5WAL NIANA.GEMIM COMMISSION Name of ASSOCIATION •— 'BE. ., Alan W.KUmek,PX.,Dkeetor (si�ata>41e) Division ofwater Quality PruttNmne and Title FORM: HOA 02103 Page 2 of2 06/30,12006 08:38 82B5246456 PAGE 40 .FORM: k3QA 02/03 Page 3 6f2 06/30,12006 08:38 8285246456 PAGE 22 . McGM A S S p C I A T lz 5 . December 20,2002 Mr. Gregory Y.Thorpe North Carolina.Department of Environment and Naf wal Resawces Division of Water Quality Non-Discharge Permitting Unit 1617 Mail Service Ce&u- Pideigb,North Carolina 27699-1617. RE: New Reserve Sewer Extension Vermi No.WQOO19779 Mill Creek.Country club Maaan Comty,North Carolina Dear Mr.Thorpe: Please find.enclosed'the Engineer's Certifieation1 r the above referenced project, along with. one (1) set of R ogrd Drawings. These documents-are being submitted in accordanee with the permit issuers April 9,2001 by NCDENR for this project. . If you need additional information,please advise, Sincerely, . MaGILL ASSOCIATES,P.A. MIKE WARESAK,P.E. -Project Engineering Mauwe>; l�xclosures - - . .noel 'torrow• �74PlCngrrrE-dwy 2�dGecQ2.doa Rngiiteering Plarixkizig - F i n a n {V&GJlt,(53oegLt) S,P.A, - P.O.Fi,x Z?59.Asheville,NC Z$$03 • SS Broad Slrket,.ldhoVIlle,NC 29801 SZ$-.'5�-03T5 • rAx�a8-2.t2-1J18 06/30/2006 08:38 B2B5246456 PAGE 23 PERMIT NAME OR OWNERSHiP CHANGE FORM FOR.SEWER Symms ° FORM PNOCr S DW4 'l1ftftnmayn Vmft aPWfor=asenrawtowtrrataerwi.wwmy. t*fort If to be used fnr tronfenirg a perm)for a kww&k=to a new owner or cYlprl ng a aonpwy rye, Som .PWM s start with a WO old contcin the terms sewer eoensicn ray couxton system in the pe"Utlect fte(d This from should not toe used fOr POnWf$befit Wng with NC,NCG,SW ar atherfypes cf nort-sewer pmm is begpa* w th W(;, i. RFQUIRED.I90—PLEASE READ CAREFULLY.INCOMPLEIMESS OR OMISSIONS MAY LEAD TC DELAYS iN FRCC1= 114a YOUR REQUEST: 1. Submit one original of this completed and appropriately executed Form. a. For a change of ownership,the certification must be signed by both the current permit holder and the now applicant. b, Fora name change•onty,the cerlif(cdtion n'lust be signed by the applicant, ' 2. Provide legal doeumeritation of the transfer of ownership or company narne change(such as a contract,deed,article of incorporaBon,o0proved Bayard minutes,etc.)for ownership changes, 3. For transfer from a developer to another developer who Is selling lots: a. Submit a.properly empcuted Opertxtionai Agreement(Form DEV 02/03). b, If the developer has al re"farmed a legal Homeowner's Assoclation (HOA)in accordance with an ebtecuted Operational Agreement,submit a copy of the arficlets of incorporation,Declaration and 13yICrvFrs'thal contain the language required by the Operational Agreement. 4, For transfer from a developer to a legally formed apOregistered homeowner or property owner association(HOA/POA): a. Submit a property executed Operational Agreement(Form HOA 02/03). b. Submit a copy of the Association Bylam'Und Declarations that contatn4he language required by the Operalionai Agreement. ` I PURPOSE,9F THIS TRANSFER 0 Name change �CMffxwJ1p C Wnje 0 Other(explain on separate sheet) III,. CURRENT PERMIT INFORMATION ' Permit number. wQ00 O)q 7 7 'Con n naaw Permit signing official name and We(current name on perrrrit): cc* t s Aamm address: . a. state.• Al. sj Tel: -3 r-ew --O E mal- nW$(6q nM and CdJoaRen er.Aww lair• NC• tBtT riteo$Et5A09�nf0t Relaiph,t�tC 27A9811$t7 C8I9Qfina C /4warnlpht 6i2 N Saishuy�htQt 3lr t8 7804,f1a18r�r;NC 2T6p4 Tebph—(419)=Mft Pact(818)733-OW. htamd hM1 Alft0V .Q8UM31sslhdp1t ' _ ,��MI W�a►a3r>pkyor St19k redrlp'i3 paa�oartgrirner P1p� 06/30,12008 08:38 82B5246456 PAGE 24 FORM PNOCF-8 PAGE 212 IV. MW OWNER MAME INFORMAT10N. name• ' Aulhoftd agning*ft cial nom ancdiite(see 15A NCAC 2H,0206): McMn address: 6 - IStc�tte: Tex Fir: &Mau: V. •CEKnFICATIONS i. current Permittees Certification:, 1. ,TCa W_171 (c g7a . attest 2-0 this appilcaflon for rkaMe/ownership charge'hos been reviewed and is accurate and complete to the best of my krm&d$e. I understand that If-all regked parts of this cippricaiion are not completed and that If all required suppodtng ihforrnation and•aftachments are not included, this application package Will be retumd as incomplete. I understand I WDI continue to be responsible for compAcmce with the current permit until a new permit Is lasted. 5lgmature: Cate- 2. Applicant's Certiffca Toni 11 _ . attest that itiis application for name%ownersh$i, charge hm• been reM%wed and Is accirr di!� and complete to the bed of my knowledge. I understand thtj if all regdred pcm of this application am not completed and that if ail'negdtred supporftV infarrnatlon and[attachments are not included,lhfs appgcation package v4 be returned as incomplete. 5 .Gcst�: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPOIMING INFORMATION AND 1M,A,TI=RIALS,SHOULD BE-SENT TO.THE AT(ENTION OF MARIE UOKLOVIC AT THE LEMRHEAD ADDRESS *"END OF FORM PNOCF4 09/04*— 06/30,12006 08:38 B285248456 PAGE 25 STATE OFNORTH CAYt.OLWA . COUNTS OF �mrnit No. 'wT OPH[tT�O'Vi1I�TBItS`OPBRATICINAL A�� . This AST made piusuaut to C .S, 143-215.1(dl)and entered into this day of by and between.the North Carolina EnVkmm artsl M magornent commbsim an icy of the Staw of North Carolina,h"ainaf a kno n as tires.CONIl MSION;and, awn-profit MPOrH .on orgm&ed. and O)dsft=der and by virtee ofthe larva afthe State oi1N'North Camlina,hereinaflerinown as&* ASSOc1ATM. 1, 'Ihc ASSOCGA-TION was formed for the purpose,among others,of handling the property,affairs and,', . business of the dmolopmemt known sa (hemwafter the Development),of operating,mam=ing,use-c onscrac tiros and rep + elements of the lauds add jnVrov=ezb subj cot to unit ovvmersbip,itcluding tho wastewater collection sys=with pumps,wastewater treatment works,-and/or diaposai facilities(hereinaSer Disposal Systj�an); and of collecting dues and assessment to prgvido farads for such operation,maintenance,re•aonstrucaon and repair. 2. The ASSOCIATION desires;to constmct=Nor operite a.Disposal Stem to provide sanitary sewage disposal to serve the Development on said Iands, 3. The,ASSOCIFATION has applied&ihe COMAISSION,ft the issuance of apmmit pursuant-to G.S. 143- 215.1 to couetruot,mailaiu,=d/er Operate the Disposal System.. 4, The Developmeaat was created sulljed'to unit ownership in the dwQl ags units,Oftr improvements and' lands through f�ft.of a Declu*ion of Unit Ownerslula(hereinafter I)eclaratioYn);�to Chapter 47C of 47F ofibe North Caml'tna General Statutes. 5, The COM)vMSION desmos to amsure that the Disposal System of the Development is properly constmcted,maintained and operated in accordance with law and pewit provisions in order to protea the quality of the waters of the State and#fro public interest therein. NOW. in consideration oftiropromises analthebmm is to be ft ivedbyeach oftheparties h to,tho COLOMSTON and ASSOCIATION do hembymntuallyr agree as follows: 1, The AS90MATtON shall construct the Dispesal System and/or make afty additions or modifications to tho Dia,o&11Syntem in a000rawwa with tho psrngt and plans and spe fiieado=heraafkr issued Band approved by the COMMISSION,attd shall therea#tez properly{operate and maintain such systems and facilities in accordance with applicable permit provisions and taw. 2. The ASSOCTATION shall provide in the Declaration and Association Bylaws that tine Disposal System.- and nppt ftmnces theroto are part of*e cam=elements and sfaafl t mwftwbe'prsoperlymaiutained and operated in conformity with law and the'provIations of the peumnit for aonsu=don,operation;repair, and maintewnca of the system and facilities. The Declaration and Bylaws shall identify the entim wastawatet•trimmer,collection and didposal spImm as a c aumon element wluch will reoeivc the hfghest priadty far eVenditpres by the Assocaat im except fozFedcral,State,and loml faxes and insurance.• FORIvL HOA 02103 Page 1 of 06f 30,r2006 88:38 8285246456 PAGE 26 3. The Also rA7TON.shall praW&in theDeelamticu.snd Asaa ciation Bylm that the Dkposal System writ be,maintained out of the coma=expenses. In aMai to assure that there 0hall be fiords=dIly avaftieto repair,maintain,or constrcict the Disposal.System beyond The routine operation and mah tename Mouses,the Declaration and Association Bylaws shall provide that a fund be oreated m it of the common expenses. Such find shall be separate.from the routine maartenanoa fund allocated for tt facility and sball be pact of the yearly budget. 4. In the event the common•vxpmue allocation and soparatc•fimd(s)am not adequate for the construction, repair,and maintenance of the Disposal System,the Declaration and Association Bylaws shall provide for spacial assessments to covor such necessary costs. There s#aall be no limit an the amount of such mssessmemr,and the Declaration and Bylaws sW be provided s=h-that special assessments can he matte 39 newsary at any time. S. If a wastewater collection system,and wastewater ireatmMA anchor disposal facility provided by my city, town,village,comity,water and emu authorities,or other unit of govmumsnt shall hetcinaftet bmoiaa available to serve the Developmeirt,the ASSOCIATION shall take such action as is necessary to cmnfhe misting and future wastewater of the Developiumt to be accepted and discharged into.said govenime'ntal system,and shall convey or transfer as much of the Disposal-53stem,and such necessary easements as.the gove mmental unit may require-as condition of awepting the Development's wastewater. 6. Rer,092 9 that it would be*contrary to the public interest and to tine public healtlx,safety and welfare,for the ASSOCIATION to.enter into volmrtary dissolution.without having made adequate'provision for the continueai proper maintenance,repair add operation of its Disposal Syeem#r,tho ASSOCIATION shall provide in the ASSOCIATION Bylaws.that tfre.ASSOCIATION sbaii not enter into vokintary dissolution without fret Having transferred its said:system and facilities to some persom,corporation or other entity acceptable to and approved by the COMAMSION by the issuance of a pfrtnit. 7. The ASSOCIATION shall nottransfet,convey,assign or otherwise relinquish or release its responsibility fDr the operation and maintenance of its Disposal System until$p=mit has bran roissuecito-the ASSOCIATION'S successor. 8. The agreements set forth in numbered parag Vhs 1,2,3,4,S,6,aW 7 above shaU 60 conditions of any permit issued by the COIvIMhSSION to the ASSOCIATION for the construction, aintcnance,repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Regleter of Deeds in,the County(xes)where the Declaration is filed and in the afiicee of the Se=tm7:of State of North Carolina with the Articles of Incorporation oftbe Assodation. IN WMMS WHEREOF,this agreement Sias executed in duplicate originals by the duly authorized representative of the parties;hereto on this day and year written as indicated by each of the parties named.betowt FOR TIEJW�MOIS 1EI@ ML MANAGEMENT COMMSION Name of ASSOCIATION 13r. Alan.W.Klimek,F.B.,Mector Division of Water Quidity Pritt Name and Title FORM: HOA 02/03 raga 2 of2 06130;2006 08:38 8285246456 PAGE 27 x (Date) Mate) FORM: HOA 0103 Pap 3 of 2 06/08/2006 12:48 FAX 2529333 McGILL ASSOCS. C�jD02 MCC-Till A S S 0 C I A T E S January 4, 2002 Mr. Kevin Barnett North Carolina Department of Environment and Natural Resources Division of Water Quality Asheville Regional Office 59 WoodfnPlace Asheville, North Carolina 28801 RE: Cartoogechaye Elementary School Interim Sewer System Improvements Macon County, North Carolina Dear Mr. Barnett: Please find enclosed an eggineering analysis that evaluates the available capacity in the existing sewer force main located. along Old Murphy Road in Macon County. This analysis, concludes that the existing force main could receive an additional flow of at.least 50 gpm without adversely impacting the existing pump stations which discharge into this force main. The analysis assumes that the additional flow is inserted into the force main near the existing Britt Haven adult care facility. As you are aware, the new Cartoogechaye Elementary School is being constructed in the vicinity of the Britt Haven adult care facility. Ultimately, both the school and the Britt Haven facility will be provided. with gravity sewer service through connections to the Cartoogechaye Creek sewer interceptor, which is currently being designed. However, temporary sewer service will be needed to allow the school to open as scheduled. Our preliminary estimates indicate that the average daily flow from the new school will.be approximately 4,800 gpd, or 3.33 gpm. Even when appropriate pealdng factors are applied, the flow generated by the school will be considerably less than the 50 gpm available reserve capacity in the existing force main. E n g i n e e r i n g • P l a n n i n g F i n a n c e McGill A.rsoriotes.P.A. -P.O. Sot 2259,Asltoi4(1e,A'C 28802• 55 Broad Srr•eer,Ashrrille,NC 2880/ 8.28-252-0575 FAX 828-252-25M 06/08/2006 12:49 FAX 2529333 McGILL ASSOCS. Ia003 ` Mr.Kevin Barnett January 3,2002 Page 2 of 2 i We are currently in thy; process of evaluating temporary sewer service options for the school and would like to meet with you within the next week to discuss these options in detail. We will contact you shortly to schedule this meeting. In the meantime, if you have any questions regarding the attached analysis, please do not hesitate to call. We appreciate your cooperation and input into this important project for Macon County. Sincerely, McGILL ASSOCIATES, P.A. MIICE WARESAK, P.E. Project Engineering Manager Enclosure Cc: Sam Greenwood Rodney ShotweIl Forrest Westall Joel Storrow 01753/letters f&b03jan02.doc 06/08/2006 12:49 FAX 2529333 McGILL ASSOCS. 16 004 ors OLD MURPHY ROAD EXISTING FORCE:MAIN HYDRAULIC ANALYSIS SUMMARY TOWN OF FRANKLIN I MACON COUNTY May 29,2001(Revised January 18,2002) Based on field verification by the Town,the existing force main size on Old Murphy Road downstream of the Industrial Park is 8-inch diameter. The existing Mill Creek force main between the proposed school pump station and the industrial park is 6-inch diameter based on record drawing information. • Based on water billing records,maximum daily flow for industrial park is approximately 40,000 gpd. • Utilizing a peaking factor of 4.0,the peak influent flow into the industrial park pump station wetwell:is estimated to be 160,000 gpd or 111 gpm. • Based on water billing records for the year 2001,the average daily flow for the Britt Haven Nursing Home is approximately 6,900 gpd or 4.79 gpm. a Main pump stations puunping into the existing force main include the new Enloe Pump Station(repumped from LBJ Job Corps),the Mill Creek Golf Club Pump Station,the Industrial Park Pump Station,the Britt Haven Nursing Home Pump Station,and the Presst5y Road Pump Station. A schematic showing the locations of the pump stations is attached. Reportedly there are several other much smaller private pump stations serving individual units that also pump into the force main. No information is available for these pump stations. a Due to high pumping capacity of pumps in the Mill Creek Golf Club Pump Station(rated at 260 g_pm),this analysis assumes that the Mill Creek Golf Club and the Industrial Park pump stations do not operate at the same time,or that the cycle time for the Mill Creek Pump Station is so short that its affect on the pumping capacities of the other pump stations is negligible. This is a reasonable assumption because,based on conversations with the Mill Creek GC maintenance staff,the Mill Creek pump station operates less than I hour per day. It appears that the pumps are significantly oversized for the flow being received. • Based on a review of pump curves for the existing pump stations,the expected normal flows from each station when all stations are operating simultaneously (except for the Mill Creek GC)are as follows: Pump Station Expected Flow(GPM) Enloe(repump from LBJ) 45 Mill Creek Golf Club Assumed not operating . Industrial Park 200 Britt Haven Nursing Home 50 Pressley Road 50 06/08/2006 12:50 FAX 2529333 McGILL ASSOCS. Z 005 HYDRAULIC ANALYSIS Assumptions and Criteria + Assume Mill Creek pump station is not running simultaneous with the new school pump station. Additional storage will be provided in the school pump station wetwell to account for periods when the-stations run simultaneously. + The length of 6-inch force main that will include both the Enloe pump station flow(45 gpm)and the new school pump station flow(30 gpm)is approximately 200 feet. A total flow of 75 gpm in a 6-inch force main results in a velocity of only 0.85 fps. At a length of only 200 feet,it is assumed that the headloss generated by this extremely low velocity is negligible for the purposes of this analysis. + Analyze additional flow contributed to existing force main along Old Murphy Road. + Assume flow is introduced in the vicinity of the Britt Haven Nursing IIome_ Any other flow contributions downstream of this point would produce less frictional headloss in the force main at the same assumed flow. Results + Based on the introduction of 50 gpm of additional flow near Britt Haven„the Industrial Park pump station operating point is estimated to be reduced from 200 gpm to approximately 160 gpm. Since the estimated peak flow from the industrial park is 111 gpm,the addition of 50 gpm would appear to be acceptable while still allowing for minor variances in flows in the force main. See attached system curve superimposed.on the pump curve for the Industrial Park pump station. • The hydraulic analysis indicates that the introduction of 50 gpm of additional flow will increase the head condition at the Britt Haven pump station by approximately 10 feet. Based on a review of the Britt Haven pump curve for the existing pumps, it is estimated that the pumped flow will decrease by approximately 5 gpm at the increased head condition. It is estimated that the Britt Haven pump station will still be capable of exceeding its estimated peak flow of 26 gpm at the increased head condition. + Due to the extreme downstream location of the Pressley Road pump station,the introduction of the additional 50 gpm of wastewater flow is expected to have a negligible impact on the Pressley Road pump station. + Additional flows at other locations downstream of Britt Maven should also be acceptable since additional headloss that results should be less than that calculated in this analysis. .1 06/08/2006 12:51 FAX 2529333 MCGILL ASSOCS. CO D06 • Any future pump stations that connect to this force wain should be designed considering the flow and head conditions of the other pump stations. McGill Associates should be consulted prior to approval of any future connections. Floor Estimate for proposed Cartoogcehaye Elementary School for temporary connection to force main . rnitial planned enrollment,according to Macon County Schools: 400 students Flow=400 students x 12 gpd/student=4,800 gpd or 333 gpm_, Assuming that this flow* occurs over a span of 12 hours(class,teachers and janitorial),the flow is adjusted to 9,600 gpd,or 6.67 gpm. An appropriate pealing factor should be applied to this Sgure when selecting pump capacity. Ultimately,gravity sewer,service will be provided with a connection to the future Cartoogechaye Creek sewer hitereeptor. This future gravity connection will allow the school pump station to he removed. 06/08/20D6 12:48 FAX 2529333 MCGILL ASSOCS. [J001 FAX TRANSMITTAL McGfl* a ASSOCIATES TO: COMPANY: FAX NUMBER: f 21�/" 70 c/2 DATE: y 2 In 4 PROJECT NO.: _ FROM: k l NO. OF PAGES(INCLUDING COVER SHEET): •x IF YOU DO NOT RECEIVE ALL PAGES OR HAVE ANY PROBLEM WITH RECEIVING THIS TRANSMISSION, PLEASE CALL USA AT 1-828-252-0375 COMMENTS: Engineering + Planning Finance McGill Associates, P.A. •PO Box 2255; Asheville, NC 28802 a 55.Broad.Street, Asheville, NC 28801 828-252-0575 a Fax: 828-252-2518 COWARD`, HICKS sSILER, P.A. ATTORNEYS AT LAW 43 WEST MAIN STREET FRANKLIN, NORTH CAROLINA 287.04-3005 TELEPHONE: (828) 324-6478 FAX: (828) 824-9833 ORVILLE D. COWARD KENT COWARD i929-)cec ORVILLE D.COWARD, JR. RALPH L. HICKS OFFICES IN: ROBERT F. SILER FRANKLIN, NC J. K.COWARD, JR. SYLVA, NC WILLIAM H. COWARD CASHIERS, NC KIMBERLY R. COWARD MONTY C. BECK RICHARD K.WALKER August 31, 2001 THOMAS R. CRAWFORD BENJAMIN D. ELLIS Mr. Frederick Fisher 1166 Lindenberg Drive Tarpon Springs, FL 34.689 Dear Fred: I have checked the Macon County records and my records pertaining to the deeds from Willow View Properties, Inc. to Mill Creek Estates Property Owners' Association. 0 The only deed recorded were the deeds to the Association in 1993 for' the completed portions at that- time of the water, sewer and road systems. We then prepared deeds in August 1999 and forwarded those to the Association. Those deeds were never recorded. In the early months of 2000, the Association, through its attorney, contacted me concerning further information to be put on the water and sewer deeds. I prepared deeds dated 3 April 2000 for the completed ' portion of the water and sewer systems which contained references to the engineering "as built" drawings. These deeds were executed and forwarded to the Association' s attorney in June 2000 . At that time we also prepared a deed of easement for the completed roads in Mill Creek development. Scott later provided me with additional information concerning the completion -of other roads and that deed of easement was updated and is dated 22 June 2001 . As I stated above, neither the 1999 deeds, the 2000 deeds, nor the 2001 road deed have been recorded. I ti n1 .T August 29, 2001 'Page 2 I have enclosed for your information copies of the 1999 deeds and have made new original deeds for the water and sewer s skqmsdated April 2000 and the road easement dated 22 June 2001 . 1 are enclose . If you need anything further, please let me know. Kindest regards. Yours sincerely, Uir COWARD, HICKS & SILER, P.A. wo Robert F. Siler S RFS:cgl enclosures W:\Mi11creak\Fisher Fred\water-sewer info ltr.wpd COWARD', HICKS &SILER, P. A. ATTO R N EYS AT LAW 43 WEST MAIN STREET FRANKLIN, NORTH CAROLINA 28734-3005 TELEPHONE: (828) 524-6475 FAX: (828) 524-0833 ORVILLE D. COWARD KENT COWARD 1929-1989 ORVILLE D. COWARD, JR. RALPH L. HICKS OFFICES IN: ROBERT F. SILER FRANKLIN, NC J. K. COWARD, JR. SYLVA, NC WILLIAM H. COWARD CASHIERS, NC KIMBERLY R. COWARD ' MONTY C. BECK RICHARD K. WALKER August 31, 2001 THOMAS R. CRAWFORD BENJAMIN D. ELLIS Mr. Frederick Fisher 1166 Lindenberg Drive Tarpon Springs, FL 34.689 Dear Fred: I have checked the Macon County records and my records pertaining to the deeds from Willow View Properties, Inc. to Mill Creek Estates Property Owners' Association. The only deed recorded were the deeds to the Association in 1993 for the completed portions at that time of the water, sewer and road systems. We then prepared deeds in August 1999 and forwarded those to the Association. Those deeds were never recorded. In the early months of 2000, the Association, through its attorney, contacted me concerning further information to be put on the water and sewer deeds . I prepared deeds dated 3 April 2000 for the completed ' portion of the water and sewer systems which contained references to the engineering "as built" drawings . These deeds were executed and forwarded to the Association' s attorney in June 2000 . At that time we also prepared a deed of easement for the completed roads in Mill Creek development. Scott later provided me with additional information concerning the completion of other roads and that deed of easement was updated and is dated 22 June 2001 . As I stated above, neither the 1999 deeds, the 2000 deeds, nor the 2001 road deed have been recorded. August 29, 2001 Page 2 F I have enclosed for your information copies of the 1999 deeds and have made new original deeds for the water and sewer s stqTs dated April 2000 and the road easement dated 22 June 2001. 1 are enclose . If you need anything further, please let me know. Kindest regards. Yours sincerely, Uv r COWARD, HICKS & SILER, P.A. Robert F. SilerSIP, RFS:cgl enclosures W:\MilloreekVieher fred\water-sewer info ltr.wpd ' NORTH CAROLINA MACON COUNTY CONTRACT AND AGREEMENT THIS CONTRACT AND AGREEMENT, made this -day of June 1988, by and between MILL CREEK GOLF CLUB OF FRANKLIN, INC., A North Carolina corporation with its principal place of business in Macon County, North Carolina, hereinafter referred to as the Developer, and MILL CREEK ESTATES PROPERTY OWNERS' ASSOCIATION, INC. , A North Carolina non-profit corporation, hereinafter referred to as the Association— WITNESSETH: WHEREAS, the Association is a property owners'. association for Mill Creek Estates, Phase I, and only for Mill Creek Estates, Phase I. A membership in the Association is required for all owners of lots in Mill Creek Estates, Phase I, and WHEREAS, the Developer or its predecessors in title have developed or are in the process of developing other portions -of the Developer' s property located on Mill and Mint Creeks in Cartoogechaye Township, Macon County, North Carolina, which property is collectively. referred to herein as Mill Creek Development, and have placed restrictive covenants on various portions of said Development, and WHEREAS, the restrictive covenants for portions of the development known as Golf Villas, single-family lots known as Mill Creek Estates, Phase II, and the planned unit townhouse development known as Mountain Vistas require the owners of property in said development to be :members of a property owners' association, but do not specifically require them to be a member of the Association, and i t ' WHEREAS, the parties hereto desire for all property owners in Mill Creek Estates, Phase I, Mill Creek Estates, Phase II, Mountain Vistas, Golf Villas, and Golf Vistas, and all other property of the Developer in the Mill Creek development to be members of one association, that association being Mill Creek Estates Property Owners' Association, Inc. (the Association), and WHEREAS, the parties desire to execute such 'documents as may be necessary to enable all owners to be members of Mill Creek Estates Property Owners' Association, Inc. • ` r f ' NOW, THEREFORE, in consideration of the premises and of the mutual covenants and conditions herein set forth, the parties. agree as follows: 1. The Association shall amend its by-laws in a manner specified by its by-laws to conform with a proposed set of by-laws of Mill Creek Estates Property Owners' Association, Inc. I$ attached hereto as Exhibit A, to provide that Mill Creek Estates Property Owners' Association, Inc, shall be the property owners for all owners of property in Mill Creek. Development. L 2. The Developer shall notify all owners of property in Mill Creek Estates, Phase II, Golf Villas, and Mountain Vistas that the association which they are required to be members of pursuant to their respective. restrictive covenants shall be the Association. 3. The Developer and the Association shall contact the owners of townhouses in Golf Vistas and provide them the opportunity to join the Association. 4. The Developer shall convey to the Association all completed roads, water lines, sewer lines, security facilities, and other property which is for the beneficial use of all -r property owners in Mill Creek Development. Said conveyance shall be made subject to the rights of the Developer and others such as the golfing public to use the roads providing access to Mill Creek Golf Course, and subject to the rights of the Developer to L use all such completed roads, water lines, sewer lines, and other facilities to connect to other roads, water lines, sewer lines, or facilities which may be constructed by the Developer in Mill Creek Development. I 5. The Association shall be responsible for maintaining all roads, water lines, sewer lines, security facilities, and other property which is for the beneficial use of all owners of Mill Creek Development, except water lines, sewer lines, or driveways which provide services to an individual single-family lot or to an individual townhouse. 6. The.Developer shall have the responsibility of constructing all future roads, water lines', and sewer lines in Mill Creek Development which shall provide service to areas in Mill Creek Development which may be developed by the Developer in the future. Said facilities shall be constructed to the standard �- of the existing systems, and the: Developer shall obtain all required permits and other documents in connection with the` construction thereof. Upon completion of construction of portions of said facilities, the Developer shall convey the same: to the Association, free and clear of all encumbrances. The: Association shall be responsible for the maintenance of said. systems as hereinabove set forth. 7. The Developer, subject to limitations of its power and' authority, shall amend or attempt to cause to be amended, the Declaration of Restrictive Covenants for Mill Creek Estates,; Phase II, Golf Villas, and Mountain Vistas, so that all owners of` property in said development shall be members of Mill Creek Estates Property Owners' Association, Inc. , and requiring that; all members shall pay assessments and comply with the by-laws of said association. As provided in said by-laws, the amount of assessment may vary from property owner to property owner,, depending on the services provided to each owner by the, Association. 8. The Developer agrees that conveyances of all portions of Mill Creek Development developed in the future shall be by deeds' requiring the owners to be members of Mill Creek Estates. Property Owners' Association, Inc. , and to abide by all of the by-laws,, rules, and regulations of said Association. 9 . Until the currently existing central. sewage system serving the Development has twenty-five (25) users paying. assessments to the Association, the Developer will pay to the; �- Association the sum of Six Hundred and 00/100 Dollars ($600.00), per calendar year as a special sewage system assessment. When the currently existing central sewage system serving Mill Creek. Development has at least twenty-five ( 25 ) users paying assessments, but less than thirty-five ( 35) users paying assessments, the Developer shall pay to the Association. the sum. of Three Hundred and 00/100 Dollars ($300.00) per, calendar year as a special sewage assessment. After. the central sewage system has thirty-five (35 ) members paying the assessment to the Association, the Developer will have no further special sewage assessment. 9. This contract shall be binding upon.the parties and upon their successors and assigns. \.� i i IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be signed in the corporate name of each by the duly authorized officers of each, and the seal of each to be hereunto affixed by authority of the Board of Directors of each, the day and year first above written. MILL CREEK GOLF CLUB OF FRAM , INC By ( a— "LQ)S2_ resident • ATTESLU— . . Seccretary i (CORPORATE SEAL) MILL CREEK ESTATES PROPERTY OWNERS' ASSOCIATION, INC. By:do) ie President ATTEST: Secretary r - J (CORPORATE SEAL) 2 STATE OF NORTH CAROLINA " COUNTY OF MACON I, a Notary Public of the County and State aforesaid, certify that' SUE D. ROSS personally. came before me this day and acknowledged that she is Assistant Secretary of MILL CREEK GOLF CLUB OF FRANKLIN, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Assistant Secretary. Witness my hand and official stamp or seal, this A-01 day of June, 1988. f;eraraa;, [1h L ✓ol Notary Public till My commissioq ex I es: c �10TARY PUBO- SOU w ' i� �eeaaeyloasatet6o , i STATE OF NORTH CAROLINA COUNTY OF MACON I, a Notary Public of the County and State aforesaid, certify that iA,& na. Beedzek personally came before me this day and acknowledged that she is Secretary of MILL CREEK ESTATES PROPERTY OWNERS' ASSOCIATION, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ice-president, sealed with its corporate seal and attested by _r as its Secretary. Witness my hand and official stamp or seal, this day of ,Ame, 1988. Not dry Public �yOTA13y.`,P�'os My commiss'on x ires: 12 �% VBLI �• a 41 f i i 1 1 i i I -I I I NORTH CAROLINA MACON COUNTY CONTRACT AND AGREEMENT THIS CONTRACT AND AGREEMENT, made this 'day of June 1988, by and between MILL CREEK GOLF CLUB 'OF FRANKLIN, INC., A North Carolina corporation with its principal place of business in Macon County, North Carolina, hereinafter referred to as the Developer, and MILL CREEK ESTATES PROPERTY OWNERS' ASSOCIATION, INC., A North Carolina non-profit corporation, hereinafter (� referred to as the Association: WITNESSETH: WHEREAS, the Association is 'a property owners' association r for Mill Creek Estates, Phase I, and only for Mill Creek Estates, Phase I. A membership in the Association is required for all owners of lots in Mill Creek Estates, Phase I, and WHEREAS, the Developer or its predecessors in title have developed or are in the process of developing other portions 'of the Developer' s property located on Mill and Mint Creeks in Cartoogechaye :Township, Macon County, North Carolina, which property is collectively. referred to herein as Mill Creek Development, and have placed restrictive covenants on various portions of said Development, and WHEREAS, the restrictive covenants for portions of the development known as Golf Villas, single-family lots known as Mill Creek Estates, Phase II, and the planned unit townhouse development known as Mountain Vistas require the owners of property in said development to be .members of a property owners' ' association, but do not specifically require them. to be a member of the Association, and + WHEREAS, the parties hereto desire for all property owners in Mill Creek Estates, Phase I, Mill Creek Estates, Phase II, Mountain Vistas, Golf Villas, and Golf Vistas, and all other property of the Developer in the. Mill Creek development to be members of one association, that association being Mill Creek Estates Property Owners' Association, Inc. (the Association), and WHEREAS, the parties desire to execute such documents as may be necessary to enable all owners to be members of Mill Creek Estates Property Owners' Association, Inc. • NOW, THEREFORE, in consideration of the premises and of the mutual covenants and conditions herein set forth, the parties, agree as follows: 1. The Association shall amend its by-laws in a manner specified by its by-laws to conform with a proposed set of i by-laws of Mill Creek Estates Property Owners' Association, Inc. attached hereto as Exhibit A, to provide that Mill Creek Estates Property Owners' Association, Inc. shall be the property owners for all owners of property in Mill Creek Development. 2. The Developer shall notify all owners of property in Mill Creek Estates, Phase II, Golf Villas, and Mountain Vistas that the association which they are required to be members of pursuant to their respective. restrictive covenants shall be the Association. 3. The Developer and the Association shall contact the owners of townhouses in Golf Vistas and provide them the opportunity to join the Association. 4. The Developer shall convey to the Association all completed roads, water lines, sewer lines, security facilities, and other property which is for the beneficial use of all -- property owners in Mill Creek Development. Said conveyance shall be made subject to the rights of the Developer and others such as the golfing public to use the roads providing access to Mill Creek Golf Course, and subject to the rights of the Developer to L- use all such completed roads, water lines, sewer lines, and other facilities to connect to other roads, water lines, sewer lines, or facilities which may be constructed by the Developer in Mill Creek Development. 5. The Association shall be responsible for maintaining all roads, water lines, sewer lines, security facilities, and other property which is for the beneficial use of all owners of Mill Creek Development, except water lines, sewer lines, or driveways which provide services to an individual single-family lot or to an individual townhouse. 6. The.Developer shall have the responsibility of constructing all future roads, water lines, and sewer lines in Mill Creek Development which shall provide service to areas in Mill Creek Development which may be developed by the Developer in the future. Said facilities shall be constructed to the standard `- ( of the existing systems, and the Developer shall obtain all required permits and other documents in connection with the' construction thereof. Upon completion of construction of portions of said facilities, the Developer shall convey the same to the Association, free and clear of all encumbrances. The. Association shall be responsible for the maintenance of said. systems as hereinabove set forth. 7. The Developer; subject to limitations of its power and authority, shall amend or attempt to cause to be amended, the Declaration of Restrictive Covenants for Mill Creek Estates,: Phase II, Golf Villas, and Mountain Vistas, so that all owners of property in said development shall be members of Mill Creek Estates Property owners' Association, Inc. , and requiring that. all members shall pay assessments and comply with the by-laws of said association. As provided in said by-laws, the amount of assessment may vary from property owner to property owner,, depending on the services provided to each owner by the, Association. 8. The Developer agrees that conveyances of all portions of: Mill Creek Development developed in the future shall be by deeds requiring the owners to be members of Mill Creek Estates Property owners' Association, Inc., and to abide by all of the by-laws,, rules, and regulations of said Association. 9 . until the currently existing central sewage system serving the Development has twenty-five ( 25 ) users paying• assessments to the Association, the Developer will pay to the., �- Association the sum of Six Hundred and 00/100 Dollars ($600.00) per calendar year as a special sewage system assessment. When the currently existing central sewage system serving Mill Creek. Development has at least twenty-five ( 25) users paying assessments, but less than thirty-five ( 35) users paying, assessments, the Developer shall pay to the Association the sum of Three Hundred and 00/100 Dollars ($300.00) per calendar year. as a special sewage assessment. After.the central sewage system ( has thirty-five (35 ) members paying the assessment to the Association, the Developer will have no further special sewage assessment. 9. This contract shall be binding upon the parties and upon their successors and assigns. i IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be signed in the corporate name of each by the duly authorized officers of each, and the seal of each to be hereunto affixed by authority of the Board of Directors of each, the day j and year first above written. MILL CREEK GOLF CLUB OF FRAA INC B . j resident �. ATTEST Secrets y .(CORPORATE SEAL) MILL CREEK ESTATES PROPERTY OWNERS' ASSOCIATION, INC. By. lri_dE President ATTEST: Secretary (CORPORATE SEAL) STATE OF NORTH CAROLINA s COUNTY OF MACON I, a Notary Public of the County and State aforesaid, certify that, SUE D. ROSS personally. came before me .this day and acknowledged that she is Assistant Secretary of MILL CREEK GOLF CLUB- OF FRANKLIN, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, . sealed with its corporate seal and attested by her as its i Assistant Secretary. Witness my hand and official stamp or seal, this 0-1 day of j June, 1988. c�araaaac�, �� 1� Notary Public tyl My commissioqq ex�i es: ���aNdlBAaatc°6�S i STATE OF NORTH CAROLINA COUNTY OF MACON I, a Notary Public of the County and State aforesaid, certify that -U.. rA. Bgedica.k personally came before me this day and acknowledged that she is Secretary of MILL CREEK ESTATES PROPERTY OWNERS' ASSOCIATION, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ice-President, sealed with its corporate seal and attested by _her_ as its Secretary. Witness my hand and official stamp or seal, this day of z4a te, 1988. �K�y ,tt.tlttllry,�� c,�Q� �Q .gyp Not dry Public My commiss on x ires: i 1 j FROM :MILL CREEK FAX NO. :B28 349 0438 May. i8 2006 02:i3PfM P2 COWARD, HICKS n.81L,ER, P_A_ ATTORNEYS AT LAW 43 WEST MAIN STREET FRANKLIN, NORTH GAROLINA M6734.30CIS ' TEL[PNON[�te88f aBd-md TB i FAX:40")3z.4o6.ys ONVILLE Q.COWARb KEHTCDWARD M20.1989 QRVILV9 D.COWARD, JR. OFPIC[3 IN! RALPH L.HICKS RpB R SiL[R FRANKLIN, NO J. K.E COWARD.JR. SYLVA, NC WILUAM H.CtPWAR6 CASHIERS, NC KIMBERLY R.COWAPO MONTY C.DECK 77��``�' �j yy e,yyA,yy� RICpHARD K,WALKER rµgunt 31, 2001 ' 9 ENJAN[N Q RL+LLISOR11 Mr. Frederick Fisher 1166 Litidex ler I DZ:LV0 Tarpon Springs, RL 34689 Dear Fred: T hava checked the Macon County records and my records pertaining to the deeds from Willow View Properties, Inc. to Mill Creek Estates) Property Ownera' Association. The only daed recorded were the deeds to the Association in i993 for the comVleted portions at that tiMe of th* W&ta=, sewer and road systems. We then prepared deeds in August 1999 and forwarded those to the Association. Those deeds were never recorded_ In the early months of 2000, the Association, through its attorney, contacted me rzoncerning farther information to he put an the water and slower deeds. I prepared deeds dated 3 April 2000 for the completed •portion of the welter and sewer systems which contained references to the engineering "a.s built" drawings. Thew rids were executed and forwarded to the Associ.ati_on's attorneeY 9.n June 2000_ At that time we also prepared a deed of easement for the completed roads in Mill Crack dQvel0E=Gnt. Scott later pravi.ded me with addi.ti_on&l information concerning the completion -of other roads and that d,aled of easement was updated and is dated 22 June 2001. As I stated above, noither the 19.40 deeds, the 2000 deeds, nor the 2001 road deed have been recorded. FROM :MILL CREEK FAX NO. :828 349 0458 May. 18 2006 02:14PM P3 August 29, 2001 Page 2 I have enclosed for yon= irifa=nation copies of the 1999 deeds and have made new original deeds for the water and cower 9ys`t _dated April 2000 and the road easement dated 22 Juna 2001_ 1 are enclose .� If you need anything EU=thor, please let me kna Kindest regards. AVt- Yours sincerely, COWARD, HICKS a siLm, P.A. Robert 1A. Siler } ��:•� �r RFS:cg1. anclosaras Ni\Mil mck\FYehmr Yrod\matar-mm ih£o 1tr.NDd FRDM :MILL CREEK FAX NO. :B28 349 0458L1 12DQ6 :iPltj P l MAY 18 2006 ORS ATER QJEaLiT, „FCTICN .�HEElI-- REGIO!VFlL 0—_FFICE ILL• r P.O. Brix 659 Franklin,NC 28744 Date® L—A [ To: . Fax Number.- Phone: From: N Green Resort& Country Club Fax Numbers (828)3.49-4458 Phone: ('828)524-6458 ~ � V CJS � Number of gages: 1 of clndin co x sbee>t) ,5 ._J State of North Carolina Department of Environment and Natural Resources A 0 Asheville Regional Office *r EL Michael F.Easley,Governor NCDENR William G.Ross,Jr.,Secretary Kerr T. Stevens,Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOUROEs Division of Water Quality WATER QUALITY SECTION April 25, 2001 Scott Fisher Mill Creek Country Club-New Reserve P.O. Box 848 Franklin, NC 28744 SUBJECT: Permit No. WQ0019779 Mill Creek Country Club-New Reserve Wastewater Collection System Extension Macon County Dear Mr. Fisher: In accordance with Mr. Storrow's request for an administrative ammendment on April 24, 2001, please find attached Permit No. WQ001.9779 for the construction and operation 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 condition three (3) of the permit which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee "(Please note condition 12 of the permit regarding future flow allocation to the wastewater collection system. Permitting of this project does not constitute acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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. 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. 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 Walter Bradley for the construction and operation of approximately 1,109 linear feet of eight (8) inch gravity sewer to serve 9 single family residential units (3 bedrooms each) as part of the Mill Creek Country Club-New Reserve and the discharge of 3,240 gallons per day of collected domestic wastewater into the Town of Franklin's existing sewerage system, pursuant to the application received March 8, 2001, and in conformity with 15A NCAC 2H .0200; the Division's Gravity 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 data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Franklin's Wastewater Treatment Plant #1 (NPDES Permit No. NC0021547) prior to being discharged into the headwaters of Lake Emory. This permit shall become voidable unless the agreement between Mill Creek Country Club-New Reserve and Town of Franklin for the collection and final treatment of wastewater is in full force and effect. 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 150B 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. If you need additional information concerning this matter, please contact Kevin Barnett at 828/251- 6208. Sincerely, err T. Stevens .Enclosure xc: Macon County Health Department Non-Discharge Permitting Unit Town of Franklin, City Manager NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION 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 wastewater collection facilities are constructed in accordance with the conditions of this permit: 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permiee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. C. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected daily, as defined in 15A NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day. 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 143-215.1 C. 4. This permit shall not be transferable. In the event there is a desire for the wastewater 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. 5. Construction of the gravity sewers 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings", and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Non-compliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 828/251-6208 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 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. Permit issued this the Twenty-fifth day of April 2001. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1;)zfr. err T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019779 Permit No. WQ0019779 April 25, 2001 ENGINEERS CERTIFICATION Partial Final 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 and County 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 of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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. North Carolina Professional Engineer's seal, signature, and date: The above Engineer's Certification shall be completed and submitted to the address below with one copy of the "Construction Record Drawings" of the wastewater collection system extension as well as supporting design. calculations for any pump stations permitted as part'of this project. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. 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. NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON-DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 State of North Carolina Department of Environment and Natural Resources Asheville Regional Office ML Michael F.Easley,Governor NCDENR . William G.Ross,Jr., Secretary Kerr T. Stevens,Director NORTy CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Division of Water Quality WATER QUALITY SECTION April 9, 2001 Scott Fisher Mill Creek Country Club-New Reserve P.O. Box 8 Dillsboro, NC 28725 SUBJECT: Permit No. WQ0019779 Mill Creek Country Club-New Reserve Wastewater Collection System Extension Macon County Dear Mr.-Bradley: In accordance with your application received March 8, 2001, please find attached Permit No. WQ0019779 for the construction and operation 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 condition three (3) of the permit which requires that the wastewater collection facilities be properly operated and maintained in accordance with .15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee **(Please note condition 12 of the permit regarding future flow allocation to the wastewater collection system. Permitting of this project does not constitute acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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. 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. Th 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 Walter Bradley for the construction and operation of approximately 1,109 linear feet of eight (8) inch gravity sewer to serve 9 single family residential units (3 bedrooms each) as part of the Mill Creek Country Club-New Reserve and the discharge of 3,240 gallons per day of collected domestic wastewater into the Town of Franklin's existing sewerage system, pursuant to the application received March 8, 2001, and in conformity with 15A NCAC 2H .0200;. the Division's Gravity 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 data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Tuckasiegee Water and Sewer, Wastewater Treatment; Plant #1 (NPDES Permit No. NC0021547) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Mill Creek Country Club-New Reserve and Town of Franklin for thecollection and final treatment of wastewater is in full force and effect. 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 150B 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. If you need additional information concerning this matter, please contact Kevin Barnett at 828/251- 6208. Sincerely, Kerr T. St vens r Enclosure xc: Macon County Health Department Non-Discharge Permitting Unit Town of Franklin, City Manager NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION 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 wastewater collection facilities are constructed in accordance with the conditions of this permit: 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall.be effectively maintained and operated at all times to prevent discharge to surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained., C. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected daily, as defined in 15A NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day. 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division Regional Office in accordance with 1.5A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute 143-215.1 C. 4. This permit shall not be transferable. In the event there is a desire for the wastewater 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. 5. Construction of the gravity sewers 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings", and one copy of. the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including' but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Non-compliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 828/251-6208 as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence o;r;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 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. Permit issued this the Ninth day of April 2001. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r err T. SteveK bire6tor Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019779 Permit No. WQ0019779 April 9, 2001 ENGINEERS CERTIFICATION Partial Final 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 and County 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 of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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. North Carolina Professional Engineer's seal, signature, and date: The above Engineer's Certification shall be completed and submitted to the address below with one copy of the "Construction Record Drawings" of the wastewater collection system extension as well as supporting design calculations for any pump stations permitted as part of this project. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. 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. . NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON-DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH,' NORTH CAROLINA 27699-1617 ' NON NPDES FACILITY AND PERMIT DATA 03/20/01 14:25:08 UPDATD-_ -GTTION TRXID 50U KEY WQ0019779 PERSONAL DATA FACILITY APPLYING FOR PERMIT APP/PERMIT FEE-$, 400.00 REGION FACILITY NAME> MILL CREEK CO CLUB-NEW RESERV2 COUNTY> MACON 01 LESS: MAILING (REQUIRED) ENGINEER: MCGILL ASSOCIATES :EET: PO BOX 848 STREET: 55 BROAD ST CITY: FRANKLIN ST NC ZIP 28744 CITY: ASHEVILLE ST NC ZIP 28744 TELEPHONE 828 524 6458 TELEPHONE: 828 252 0575 STATE CONTACT> SERG/ARO FACILITY CONTACT SCOTT D. FISHER TYPE OF PROJECT> SEWER-PRIVATE LAT: LONG: DATE APP RCVD 03/08/01 N=NEW,M=MODIFICATION,R=REISSUE> N DATE ACKNOWLEDGED 03/20/01 DATE REVIEWED / / RETURN DATE REG COMM REQS / / DATE DENIED / / NPDES #- REG COMM RCVD / / DATE RETURNED / / TRIB Q .0000 MGD ADD INFO REQS / / OT AG COM REQS / / TRIB DATE- ADD INFO RCVD / / OT AG COM RCVD END STAT APP P 06/06/01 DATE ISSUED / / DATE EXPIRE FEE CODE( 7 ) 1=(>1MGD) ,2=(>10KGD) ,3=(>1KGD) ,4=(<1KGD+SF) ,5=(S>300A) , 6=(S<=300A) , 7=(SENDEL) ,8=(SEDEL) ,9=(CLREC) , 0=(NO FEE) DISC CODES 05 ASN/CHG PRMT ENG CERT DATE / / LAST NOV DATE / / CONBILL( ) COMMENTS: MESSAGE: *** DATA ADDED SUCCESSFULLY *** MAR2 h 2 Mul { .- 292 WILLOW VIEW PROPERTIES,INC. 66-06a62 ni r PH.0 BOX a�U/ P.O.BOX 848 — V FRANKLIN,NC 28744 DATE $ .co PoTRE N• DOLLARS �• ••^ Ily i 2I OROER G { Vnk_9 - Sgr✓Ea _------- z: FOR r.'k- b� Oi62247i96� 05i n'00o 9211, 253i70486 '- --;_ - �.- McGill A S S O C I A T E S March 2, 2001 Mr. Kim Colson NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: New Reserve Water and Sewer System Extensions Mill Creek Country Club Franklin, North Carolina Dear Mr. Colson: Enclosed for your review and consideration is a fast-track application package for the subject project. This submittal includes one original and one copy of the completed and properly executed application form, completed and properly executed Form WSCA 10/99 watershed classification, a check in the amount of $400.00 for the application fee, and two copies of the previously executed Operational Agreement and Letter of Flow Acceptance. The associated sewer system improvements consist of approximately 1,109 linear feet of &-inch gravity sewer system, with all associated appurtenances. These improvements will be constructed to serve a residential development currently being planned. If you have any questions, or I may provide any additional information, please do not hesitate to contact me. Sincerely, McGILL ASSOCIATES, P.A. RANDALL D. HINTZ, P.E. Project Engineer cc: Scott Fisher, Mill Creek Country Club KCO2MAR01.doc Project Number 00740 E n g i n e e r i n g • P l a n n i n g • F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 • FAX 828-252-2518 State of North Carolina Department of Environment and Natural Resources Division of Water Quality FAST-TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE AAJNS` (Pressure sewers systems are not to be included as part of this application package) c r. THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL. "? INSTRUCTIONS: Indicate that you have included the following list of required application package items by signing your initials in the space provided next to each item. Failure to submit all required items will lead to additional processing and review time for the permit application. X A.Application Form-Submit one original and one copy of the completed and appropriately executed application form. Any changes to this form will result in the application being returned. The Division of Water Quality(Division)will only accept application packages that have been fully completed with all applicable items addressed. You do not need to submit detailed plans and specifications unless you respond NO to item IV.6.and/or item IV.10. X B.Attachment-Submit the completed and properly executed Form WSCA 10/99 for each watershed within the project location. X C. Application Fee - Submit a check in the amount of $400 made payable to: North Carolina Department of Environment and Natural Resources(NCDENR). D. Certificates of Public Convenience and Necessity—If the application is being submitted in the name of a privately- owned public utility, submit two copies of the Certificate of Public Convenience and Necessity, which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a Certificate of Public Convenience and Necessity has not been issued, provide two copies of a letter from the NC Utilities Commission's Public Staff that states that an application for a franchise has been received,that the service area is contiguous to an existing franchised area,and/or that franchise approval is expected. X E.Operational Agreements—Submit one original and two copies of a properly executed operational agreement if the sewer extension will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels, etc.)that will be owned by a homeowners' association or developer. If the applicant is a homeowners' association,use Form HOA 10/99. If the applicant is a developer,use Form DEV 10/99. X F. Flow Acceptance Letters—If the owner of the downstream sewers and/or WWTF is different from the applicant, submit two copies of a flow acceptance letter from the owner of the downstream sewers and WWTF. Flow acceptance letters must contain the following minimum information: applicant and project name, amount of flow accepted, and name and permit number of the receiving sewers/WWTF. The flow acceptance must not expire prior to permit issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other contracts will not be accepted in lieu of a project-specific flow acceptance letter. THE COMPLETED APPLICATION PACKAGE,INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY NON-DISCHARGE PERMITTING UNIT By U.S.Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 NORTH SALISBURY STREET,SUITE 1219 RALEIGH,NORTH CAROLINA 27699-1617 RALEIGH,NORTH CAROLINA 27604 TELEPHONE NUMBER: (919)733-5083 FACSIMILE NUMBER: (919)715-6048 For more information,visit our web site at:h2o.ennstate.ne.us/ndpu/ FORM: FTA 06/00 Page 1 of 5 Application Number: J11�v (to be completed by DWQ) I. GENERAL INFORMATION: 1. Applicant's name(name of the municipality,corporation,individual,etc.): Mill Creek Country Club 2. Owner's or signing official's name and title(15A NCAC 2H.0206(b)): Scott D.Fisher,President 3. Name and complete address of applicant: Scott D. Fisher, President, Mill Creek Country Club P.O.Box 848 City: Franklin State: NC Zip: 28744 Telephone number: ( 828 ) 524-6458 Facsimile number: ( 828 ) 349-0458 4. Project name(name of the subdivision,facility or establishment, etc.): New Reserve Sewer System Extension,Mill Creek Country Club 5. County where project is located: Macon 6. Fee submitted: $ 400.00 (See Instruction C.) 7. Name and complete address of engineering firm: McGill Associates,P.A.,55 Broad Street City: Asheville State: NC Zip: 28801 Telephone number: ( 828 ) 252-0575 Facsimile number: ( 828 ) 252-2518 8. Name and affiliation of contact person who can answer questions about application: Randall D.Hintz,P.E.,Project Engineer H. PERMIT INFORMATION: 1. Project is: X new; modification 2. If this application is being submitted as a result of a modification to an existing permit, provide: existing permit number and the issuance date 3. Applicant is: public X private If private,units(lots,townhomes,etc.)are: leased(Skip to item III.); X sold If sold,facilities owned by a: public utility(See Instruction D.); X homeowners' association/developer(See Instruction E.) III. INFORMATION ON WASTEWATER: 1. Please provide a one- or two-word description specifying the origin of the wastewater (school, subdivision,hospital,commercial facility,industry,apartments,condominiums,etc.): Residential 2. Volume of wastewater generated by this project: 3,240 gallons per day 3. Explanation of how wastewater flow was determined(I5A NCAC 2H.0219(1)): 9 Single family residential lots with 27 bedrooms(assuming 3 bedrooms per unit)at 120 gpd/bedroom 4. Nature of wastewater: 100%Domestic/Commercial; %Industrial; Other waste-specify: FORM: FTA 06/00 Page 2 of 5 5. If wastewater is industrial in nature: a. Level of pretreatment that has been provided to ensure protection of the receiving collection system and wastewater treatment facility: N/A b. If a pretreatment permit is required,has one been issued? Yes; No. If yes,please attach a copy of the pretreatment permit. If no,provide date application was submitted: IV. DESIGN INFORMATION: 1. Brief project description: Sewer system extension to serve 9 residential single family lots 2. Owner and name of wastewater treatment facility(WWTF)receiving wastewater(See Instruction F.): _ Town of Franklin WWTF 3. WWTF permit number(NC00***** or WQ00*****): NCO021547 4. List the owner(s) of any intermediate sewers if different from applicant or owner of WWTF (See Instruction F.): Macon County 5. Summary of GRAVITY SEWER to be permitted: Diameter Length (inches) (linear feet) 8 1,109 6. Does the subject gravity sewer collection system comply with the most recent version of the Gravity Sewer Minimum Design Criteria and 15A NCAC 2H .0200? X Yes; No. If no, please identify criteria and explain: 7. Summary of PUMP STATIONS to be permitted: No.or Design Flow Pump Operational Points Reliability Option Name (MGD) GPM @_feet TDH Selected FORM: FTA 06/00 Page 3 of 5 8. Summary of FORCE MAIN to be permitted: Diameter Length (inches) (linear feet) 9. List any equipment being utilized that is not specifically mentioned elsewhere in the application or as part of the Minimum Design Criteria (e.g., telemetry, hoist, odor control equipment, mechanical bar screens,etc.): 10. Do the subject pump stations and force mains comply with the Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains document adopted June 1,2000 and 15A NCAC 2H .0200? Yes; No.If no,please identify criteria and explain: NOTE: If you responded NO to item IVA and/or item IV.10. above, two (2) copies of detailed plans, specifications, supporting information, and any other materials pertaining to the identified criteria should be submitted with the completed and appropriately executed application form. FORM: FTA 06/00 Page 4 of 5 V. CERTIFICATIONS Professional Engineer's Certification: I,_- Randall D.Mintz,P.E. ,attest that this application for New Reserve Sewer System Extension has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000. Although certain portions of this submittal package may have been developed by other professionals,inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143- 215.613, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation. North Carolina Professional Engineer's seal,signature,and date: Q- _ G1Nsj�,'`• i7 DAV,®�����°r Applicant's Certification: 1, Scott D.Fisher,President ,attest that this application for New Reserve Sewer System Extension 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 are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation. ;@8/ Signature: Date: FORM: FTA 06/00 Page 5 of 5 0./23/2U01 08:09 UAX 25293.13 MCGILL ASSOCS. �002 , State of North Carolina Department of Environment and Natural Resources Division of Water Quality WATERSHED CLASSITYCATION ATTACHMENT Any changes made to thin form will result in the application being returned. (THIS FORM MAYBE PHOTOCOPIED FOR USEASAN ORIGINAL) 1NSTR1)(:TfONS: To determine the classification of tho waterahod(s)in which rho subject meet will be located,you are required to submit this form, with Items I through 8 completed,to the appropriate Division of Water Quality Regional Office Water Quality Supervisor(see Page 2 of 2)piiar to submitbil off the application for review. At a minimum,you must include an 8.5" by I I" copy of the portion of a 7.5-minute US(3S T ographie Map that shows the surface waters immediately downslope of tho project. You must Want*the lee vt3 of the project and the closest downslope surface waters (waters for which you are requesting the classification on the submitted map copy. If the facility is located in the Ncuse River Basm, also include a copy of the Wl survey map for the project location. The corresponding non-discharge application msy not be submitted until this form is completed by the appropriate regional office and included with the submitta). 1. Applicant's name(name of the municipality,corporation,individual,etc): Mill CIO&Country Club _ 2. Name and complete address of applicant: Scott DD Fishfa,President.Mill Creek Couatsv Club,F.O.Box 848 _ City: Franklin State: NC Zip: 28744 Telephone number: ( 828 )524-6458 Facsimile number.( 828 ) 349-0458 3. Project name(name of the subdivision,facility or establli:hmont,eta): New Reserve SOMSYStRIP Extensio» Mill GScek Coup Club 4, County where project is located: Macon 5. Nwne(s)of closest surface waters: Mill crook 6. River basin(s)in which the pr jest is located: Little Iggw a River - 7. Topographic�map:naute and.date;;rani FraukUN N .1946(Photo revis—ad 1918) S. North Carolina Professional Engineer's seal,signature,and deft: U11,10 (3iN ��•`� �® DAin��,�.0�2'�® TO: REGIONAL OFF'ICR WA')["FR QUALM SUPERVISOR �IF1111611 I'leasc provido me with the classifleation(s)of the surface waters,watenhed(s),and appropriate river basin(s)whore these activities will occur,as identified on the attached map saVneat:: �l,, Names)of surface waters and river basiri(s):_- Mitt x- l '19 . Lt n � �• "`Sid Classilication(s)(as cstablinhed by the EMC): W S Vr•nposcd classification(s),if applicable: River basin buffer rules,if applicable. — s Signature of regional office personnel' Date:- FORM: WSCA 10199 Page 1 of 2 03/01/2001 THU 14:23 1TX/RX NO 62171 1a002 4 � State of North Carolina " Department of Environment and Natural Resourcesy., Division of Water Quality FAST-TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS.;; (Pressure sewers systems are not to be included as part of this application package) THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL. INSTRUCTIONS: Indicate that you have included the following list of required application package items by-signing your initials in the space provided next to each item. Failure to submit all required items will lead to additional processing and review time for the permit application. X A.Application Form-Submit one original and one copy of the completed and appropriately executed application form. Any changes to this form will result in the application being returned. The Division of Water Quality(Division)will only accept application packages that have been fully completed with all applicable items addressed. You do not need to submit detailed plans and specifications unless you respond NO to item IV.6.and/or item IV.10. X B.Attachment-Submit the completed and properly executed Form WSCA 10/99 for each watershed within the project location. X C. Application Fee - Submit a check in the amount of $400 made payable to: North Carolina Department of Environment and Natural Resources(NCDENR). D.Certificates of Public Convenience and Necessity—If the application is being submitted in the name of a privately- owned public utility, submit two copies of the Certificate of Public Convenience and Necessity, which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a Certificate of Public Convenience and Necessity has not been issued, provide two copies of a letter from the NC Utilities Commission's Public Staff that states that an application for a franchise has been received,that the service area is contiguous to an existing franchised area,and/or that franchise approval is expected. X E. Operational Agreements—Submit one original and two copies of a properly executed operational agreement if the sewer extension will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels, etc.)that will be owned by a homeowners'association or developer. If the applicant is a homeowners'association,use Form HOA 10/99. If the applicant is a developer,use Form DEV 10/99. X F. Flow Acceptance Letters—If the owner of the downstream sewers and/or WWTF is different from the applicant, submit two copies of a flow acceptance letter from the owner of the downstream sewers and W WTF. Flow acceptance letters must contain the following minimum information: applicant and project name, amount of flow accepted, and name and permit number of the receiving sewers/WWTF. The flow acceptance must not expire prior to permit issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other contracts will not be accepted in lieu of a project-specific flow acceptance letter. THE COMPLETED APPLICATION PACKAGE,INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY NON-DISCHARGE PERMITTING UNIT By U.S.Postal Service:. By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 NORTH SALISBURY STREET,SUITE 1219 RALEIGH,NORTH CAROLINA 27699-1617 RALEIGH,NORTH CAROLINA 27604 TELEPHONE NUMBER: (919)733-5083 FACSIMILE NUMBER: (919)715-6048 For more information,visit our web site at:h2o.ennstate.ncusIntipul FORM: FTA 06/00 Page 1 of 5 Application Number: Vv l�U l�� ) �� (to be completed by DWQ) I. GENERAL INFORMATION: 1. Applicant's name(name of the municipality,corporation,individual,etc.): Mill Creek Country Club 2. Owner's or signing official's name and title(15A NCAC 2H.0206(b)): Scott D.Fisher,President i d 3. Name and complete address of applicant: Scott D. Fisher, President, Mill Creek Country Club, i P.O.Box 848 P # City: Franklin State: NC Zip: 28744 a Telephone number: ( 828 ) 524-6458 Facsimile number: ( 828 ) 349-0458 4. Project name(name of the subdivision,facility or establishment,etc.): New Reserve Sewer System Extension,Mill Creek Country Club 5. County where project is located: Macon 6. Fee submitted: $ 400.00 (See Instruction C.) 7. Name and complete address of engineering firm: McGill Associates,P.A.,55 Broad Street i i City: Asheville State: NC Zip: 28801 Telephone number: ( 828 ) 252-0575 Facsimile number: ( 828 ) 252-2518 8. Name and affiliation of contact person who can answer questions about application: i Randall D.Hintz,P.E.,Project Engineer H. PERMIT INFORMATION: i 1. Project is: X new; modification 2. If this application is being submitted as a result of a modification to an existing permit, provide: existing permit number and the issuance date 3. Applicant is: public X private If private,units(lots,townhomes,etc.)are: leased(Skip to item III.); X sold If sold,facilities owned by a: public utility(See Instruction D.); X homeowners' association/developer(See Instruction E.) III. INFORMATION ON WASTEWATER: 1. Please provide a one- or two-word description specifying the origin of the wastewater (school, subdivision,hospital, commercial facility,industry,apartments,condominiums,etc.): Residential 2. Volume of wastewater generated by this project: 3,240 gallons per day 3. Explanation of how wastewater flow was determined(15A NCAC 2H.0219(1)): 9 Single family residential lots with 27 bedrooms(assuming 3 bedrooms per unit)at 120 gpd/bedroom 4. Nature of wastewater: 100%Domestic/Commercial; %Industrial; %Other waste-specify: FORM: FTA 06/00 Page 2 of 5 5. "If wastewater is industrial in nature: a. Level of pretreatment that has been provided to ensure protection of the receiving collection system and wastewater treatment-facility: N/A b. If a pretreatment permit is required,has one been issued? Yes; No. If yes,please attach a copy of the pretreatment permit. If no,provide date application was submitted: IV. DESIGN INFORMATION: 1. Brief project description: Sewer system extension to serve 9 residential single family lots 2. Owner and name of wastewater treatment facility(WWTF)receiving wastewater(See Instruction F.): _ Town of Franklin WWTF 3. WWTF permit number(NC00***** or WQ00*****): NCO021547 4. List the owner(s) of any intermediate sewers if different from applicant or owner of WWTF (See Instruction F.): Macon County 5. Summary of GRAVITY SEWER to be permitted: Diameter Length (inches) (linear feet) 8 1,109 6. Does the subject gravity sewer collection system comply with the most recent version of the Gravity Sewer Minimum Design Criteria and 15A NCAC 2H .0200? X Yes; No. If no, please identify criteria and explain: 7. Summary of PUMP STATIONS to be permitted: No. or Design Flow Pump Operational Points Reliability Option Name (MGD) GPM @_feet TDH Selected FORM: FTA 06/00 Page 3 of 5 8.• Summary of FORCE MAIN to be permitted: Diameter Length - (inches) _ (linear feet) 9. List any equipment-being utilized that is not specifically mentioned elsewhere in the application or as I part of the-Minimum Design..Criteria (e.g., telemetry, hoist, odor control equipment, mechanical bar screens,etc.): I 10. Do the subject pump stations and force mains comply with the Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains document adopted June 1,2000 and 15A NCAC 2H 1 .0200? Yes; No.If no,please identify criteria and explain: l �I i NOTE: If you responded NO to item IVA and/or item IV.10. above,two (2) copies of detailed plans, specifications, supporting information, and any other materials pertaining to the identified criteria should be submitted with the completed and appropriately executed application form. FORM: FTA 06/00 Page 4 of 5 4 V.. CERTIFICATIONS Professional Engineer's Certification: I, Randall D.Hintz,P.E. ,attest that this application for. New Reserve Sewer System Extension has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best--of my.knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity'Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast-Track Permitting of.Pump Stations,.and Force Mains adopted June 1, 2000. Although certain portions of this submittal package may have been developed by other professionals,inclusion of these materials under my signature and seal-signifies that I have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General.Statutes 143-215.6A and 143- 215.613, any person who knowingly makes any Use statement, representation; or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed$10;000 as well as civil penalties up to$25,000 per violation. North Carolina Professional Engineer's seal,signature;and date: ON CARO pF �O '•. ® n �' 0* IN D AN It #111111 Applicant's Certification: I, Scott D.Fisher,President ,attest that this application for New Reserve Sewer System Extension 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 are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed$10,000 as well s civil penalties up to$25,000 per violation. Signature: Date: FORM: FTA 06/00 Page 5 of 5 RECEIVED ji l....: U STATE OF NORTH CAROLINA i'vrct_��sa���,ce. Permit No. WQoo6_59,1trtlietitt� ` COUNTY OF WAKE r (f i S OPERATIONAL AGREEMENT UVol THIS AGREEMENT made pursuant to G.S. 143-215.1(dl) and entered into ..this ,2o day of k4mpAil t 19 9L. by and between the North Carolina Environmental L Management Commission, . an - agency of- the State of North Carolina, hereinafter kr�wD- as the COMMISSION; and Mill Creek Golf Club .of Franklin, Ind, 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 certain lands lying in County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as &M/4� C (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 G.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. 5 . The DEVELOPER has caused to be formed or will cause to be formed at..the time of filing of the Declaration, the Mill Creek Estates Proper Owner hereinafter Association) a non-profit (Unit Owners Association) Assoc. corporation organized and existing under and by 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 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. i es the pW THEREFORE, in consideration the the P omies he and the N each of benefits to be derived by agree as follows : COMMISSION and DEVELOPER do hereby mutually g Disposal System in The bEVELOPER shall construct thecifications hereafter: accordance with the permit and plans and sPe and shall thereafter roved by the COMMISSION; issued and approved stems and facilities in properly operate and._ :maintain such systems accordance with applicable permit provisions and law. transfer ownership and/or 2. The DEVELOPER shall not. the Association until control of the Disposal System to ermit and construction- has --been completed of the Divisionin accordance ltof tEnvpronmentln approved plans, and the staff _ r°ved of the facilities . Management has inspected and aermit holder, the DEVELOPER must order to change the name of the p The request that the permit be re s u thetOAssociationl Bylaws and request must include a copy Declaration. 3. The DEVELOPER shall provide in the eand Declaration appurtenances Association Bylaws that the Disposal System with law and the thereto are part of the common element all thereafter be thenconformityand properly maintained and operated in operation, repair , provisions of the permit for construction, The Declaration and maintenance of the systemenndre wastewater treatment, collection Bylaws shall identifyt which and disposal system as a common theely the Associ t onrthe except for highest pStatety for and local expenditures taxes, and insurance. Federal, laration and 4 . The DEVELOPER shall provide stem he De be maintained Association Bylaws that the Disposal Sy f the common expenses. In order to assure that there hall out o available to repair, ma the be funds readily provide Disposal System, beyond the routineAss ationa Bylaws n shall maintenance P Such fund expenses , the Declaration and As that a fund be crea the troutine of e maintenance allocated for the shall be separate frombudget. facility and shall be part of the yearly 5, In the event the common expense allocation and separate t Parand stem, the Declaration and fund are not adequate for the construction. is to cover maintenance of the Disposal SY Association Bylaws shalTprovide all for bepnol limit on shellamountvide such necessary costs . and such assessments, and the De canration be made By anecessary at any that such special asses time. stem and wastewater 6 . If ' a wastewater collectioovided by any city, town, treatment and/or disposal acility sewer authorities , or other unit Of the village , county, serve government shall hereinafter become available to - - --_ 'k -3- __-- Development, the DEVELOPER shall take such aofitheaDevelopment is ato ry Deveause and future ,wa:stewater - to cause the existing and such much of the Disposal system, be accepted and discharged unto said governmental system; a a shall convey .or transfer as m require as necessary easements as the governmental unit may condition a accepting the Development' s wastewater. -7 . 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 As provision for the continued`- proper maintenance, made adequate p the DEVELOPER shall repair and operation of .its Disposal._-System, thout -first having transferred provide in the Association-Bylaws J that the -Association sYiall no P dissolution enter into voluntary corporation or its said system and facilities to some. .P the COMMISSION by the other entity acceptable to and approved by issuance of a permit.- . ,. convey, assign or 8• The DEVELOPER E or all releaseitsnsresponsibility for the otherwise relinquishpermit operation and maintenance of L is Disposal . .sor system until a p has been reissued to the DEVE 2, 9 • The agreements set forth in numbered paragraphs f any ermit 6 7 , and 8 above shall be condfioti ohhe °const construction, 3, 4 , 5 , r issued by the COMMISSION to the DEVELOPER maintenance, repair and operation of the Disposal system.1 be filed at the Register 10. A copy of this agreettheaDeclaration is filed andin of Deeds in the County(ies) where 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 arties s duly authorized representative of each the of the original b y the and year written as indicated by hereto on the day parties named below: F FBRUfI 4, UiG- ma-L, 'fZ M GULF CLUB FOR THE ENVIRONMENTAL Name of Developer/Company MANAGEMENT COMMISSION C B �.► Geor4, 7rerett Direc to Si ature Division of Environmental/ Management J. Warren Hughes, President -_jZO C Da e) Print Name and Title 14ay 13, 1992 ' c WArFgp Michael F.Easley �04 Governor rWilliam G.Ross,Jr.,Secretary North Carolina Department of Environment and Natural Resources- - Kerr T.Stevens,Director Division of Water Quality Asheville Regional Office Water Quality Section April 5, 2001 Scott D. Fisher P.O. Box 848 Franklin,NC 28744 Subject: Administrative Return of Permit Application Package , Application Number WQ0014289 Mill Creek Country Club-Creekside 2 Permit Type: Fast-Track Sewer.Application Macon County Dear Mr. Fisher: With respect to the letter sent to you by this office, dated February 5, 2001, the Asheville Regional Office is returning your permit application for a sewer line extension for the Mill Creek Country Club. After discussions with your engineer, McGill Associates, Inc., it has been determined that the previously issued permit number WQ0014289 was sufficient to cover the sewer construction activities referenced in this application. As-Built plans and specifications must be submitted to the address in your permit referencing any changes in the constructed sewer lines. If you have any questions, please do not hesitate to contact Kevin Barnett of my staff at 828-251-6208 by April 30, 2001. If you have any questions or comments do not hesitate to contact me at the number above. Sincerely, Forrest R. Westall Asheville Region, Water Quality Supervisor cc: Joel Storrow, McGill Associates Permit File WQ0014289 NDPU Files— Returns NDPU—Kim Colson Non-Discharge Compliance and Enforcement Unit Water Ounlity Spction .rig Wonrtfin Plarp A.chpvillp NC 281101-2414 Tplpnhonp• 92801i1-6208 C:nstnmPr SpnAce WarF,�p Michael F.Easley �O G Governor William G.Ross,Jr.,Secretary >_ North Carolina Department of Environment and Natural Resources Kerr T.Stevens,Director Division of Water Quality Asheville Regional Office Water Quality Section April 5, 2001 Scott D. Fisher P.O. Box 848 Franklin,NC 28744 Subject: Administrative Return of Permit Application Package Application Number WQ0014289 Mill Creek Country Club-Creekside 2 Permit Type: Fast-Track Sewer Application Macon County Dear Mr. Fisher: With respect to the letter sent to you by this office, dated February 5, 2001, the Asheville Regional Office is returning your permit application for a sewer line extension for the Mill Creek Country Club. After discussions with your engineer, McGill Associates, Inc., it has been determined that the previously issued permit number WQ0014289 was sufficient to cover the sewer construction activities referenced in this application. As-Built plans and specifications must be submitted to the address in your permit referencing any changes in the constructed sewer lines. If you have any questions, please do not hesitate to contact Kevin Barnett of my staff at 828-251-6208 by April 30, 2001. If you have any questions or comments do not hesitate to contact me at the number above. Sincerely, Forrest R. Westall Asheville Region, Water Quality Supervisor cc: Joel Storrow, McGill Associates Permit File WQ0014289 NDPU Files—Returns NDPU—Kim Colson Non-Discharge Compliance and Enforcement Unit rUs+ Water Otinlity Sertinn .rig Wnrxifin Pierre Asheville. N(: 28801-2414 Tr.lenhnne• S28/291-6908 C:trstnmer Service FROM :MILL CREEK FAX NO. :828 349 045e Jun. 22 2006 07:59AM P2 C k. . ... ..................-._---- -- _ U. -i I I Gv'S I/ L Report on Recent De-veloper's Actions Through the alert attention to protecting the interests of all Property Owners in our association, Chuck Seigel discovered the developer had violated SIate Environmental Protection.Laws along with State and County Water and. . Sewer Lime Construction Regulations. He also discovered that a builder had violated Wetlands disturbance laws and had installed sewer lines across a creek in an unsafe and improper manner. As of this writing,North Carolina. Regulatory bodies have issued "Stop Orders" for all such construction irregularities until engineering plans have been submitted and proper license pern its have been issued.. HOOMY for husk! YoLm Board now has a way to get the developers attention. We want them to know that that's good for the Property Owners is good for the developers and it is tithe for a little cooperation. FROM :MILL CREEK FAX NO. :828 349 0458 Jun. 22 2O06 07:59AM P3 a/i v,3 7 17:23 81MB7225 V15 ER r! at ry One of one February 13, 2001 To-.'' Bud Siler Fax: (828 524-9833 From: Fred.Fisher To swnmahze and read through the jargon of the Februmy 12th letter: I Chuck Seigel is not employed by the developer, .4i!s +�ouversafiions with a sub contmotor foreman wore coaverted to writing and mailed-to 300-residents. "The foreman also indicated that McGill Associates would. only=Yide 'as built. drawings' when the project was completely dove," Interesting that ltrlc. Seigel is not aware that die engineers MAW.comphtt- work. to prepare an "aq,bitil# drawing. Z. Now, Mik. Smgcl is "assumink" things and Mr. Edwards is reporting his assumptions to 300 Property Owners. 3, Now, 1VIr. Edwards and Mr. Wgcl feel a need to report to 300 homeowners that an erasion control plan is needed for 4' ;' An erosion control plan has existed since 1986. 4. 1 6-w, Mr. Edwards and Mr. Seigel accused the DeveIoper, before 300 Homeowners, of unrelated third party problems on January 29, 2001. Finally, the gall in referring to "a simple coLwnuriication" by the. developer when in in fact, a simple communication by Mr. Edwards or anyone else would have easily avoided their defamatory comrnuhication to the general public. And to have Mr. Edwards express such joy in assuming-sornething was wrong; is almost beyond sensible con munication "Hooray for-Chuck"' indeed! 'lease advise Mr. R.S. 'ones that their proposal is not acceptable. oe; Scott D. Fisher(1(v$)W-c#lk-- 3. Warren Hughos C*7-k7) q-k Ito 4X FFRR❑M :MILL CREEK FAX NO. :B28 349 0458 Jun. 22 2006 07:59AM P4 CdWARO, HICKS &SILER. P.A. ATTORNEYS AT 4Aw 4a wEST MAIN STRELT FRANKI_[N. NORTH CARBLINA 215734-309D YE49I'HdHE: (OZXI 117.4•ddT� FAX: IEEE)SZ4.904A q FivILLE D. COWARD KENT COWARP 19RU-t9E9 ORVILLE G• COWARd,JR. QFFICES IN: RALPH L. HICKS RUBERT'F SILICA SYLYYLYJ�. C H NC J. K. COWARD. JR• NC WIj.I.IAFI H. COWARD CASKIE1}9, NC KIMHERLY R. COWARD MONTY C. SECK AiCHARD K.WALKER February B, 2001 TMOMA9 R. CRAWFQRD CAno LYH L. C4wARD R.S . Jones, Jr. , Esquire Jones, Key, Melvin & Patton, P.R. 61 East Main Street Franklin, NC 28734 Re: Mil . C ek Estates Property Owners Rs5ociation letter postmarked -9 January 2001 . Dear Mr. Jones: This letter concerns the letter mailed by Mill Creek Estates Property Owners Association to all members of the Association- The letter was postmarked 29 January '2001. That letter under a heading "Re art on Relae t bevelo e=s Acts on;n made certain allegations concerning the Developer which were and are untrue. That Letter alleged thAt the Developer had violated State Environmental Protection Laws and sewer line regulations and violated land disturbance laws and that North Carolina Regulatory bodies had issued stop orders stopping all construction. Each of those allegations is untrue and was known to be untrue at the time the .letter was sent. F have discovered that rot of the North Carolina DEHNR mat with Chuck Siegel on 25 January. Soott Fisher of Willow View Properties was present at Mr. Parrot advised Mr. Siegel that there was no violation of any env;,xonmental protection laws and that nothing was being done improperly. At that same time, Scott Fisher advised Mr. Siegel that the Developer has all necessary permits far the installation of the sewer line. After the letter was received by all of the property owners I neat with you and advised you the statezneTits set forth in the letter were untrue. I farther advised you that 1 had talked t4 Steve Parrot of DEEINR and he had advised me that there was rim violation of any -anvironme"_a_ ctecti In laws and that nC w only had he not issued stop- order, but that he had no author_ty to ;;.ssue a stop order. FROM :MILL CREEK FAX NO. :82e 349 0458 Jun. 22 2006 07:59A°► P5 ,Y 8, 2001 2 I also advised you that r had been told the Developer' s permit for the sewer Line had been issued several years ago and that the new construction was allowed under the old existing permit. At that time, I advised you that the Developer was making the following demands: 1. That the officers of the Property Owner' s Association issue a retraction of the untrue statements. 2. That at the same time, they issue an ,apology to the Developer -for publishing the untrue statements, and that the retraction and apology be. sent to all of the property owners by certified mail. 3_ The Developer al$;o demanded that the Property owner' s Association pay all of the Developer's legal fees related to this matter. On 6 February you advised me that you had met with the representatives of the Property Owner' s Association and that they would not comply with the Developer' s demands. I have since received a copy of a letter from Kevin H. Barnett: of the North Carolina DEHNR stating that the Developer did not need to proceed with its most recent permit application pertaining to the sewer line because the permit given earlier was still in existence. A copy of that letter is attached. I have talked to Joel Storrow, Vice President of McGill F, Associates . He advised me that the water and sewer Line extensions were being made under the permit which was received some years ago and that no new permit was required. The statements tirade in the letter postmarited January 29, 2001, are untrue. Not only are they untrue but the publisher was aware of the true facts at the time the allegations were made. This letter is a demand that the publisher of the letter comply with the demand I made to you when we met on 31 January. The Developer has given me a deadline of 5:Q0 P.M. on Monday, Fehruary 12" for the officers of the Propert;� Cnner' s Psscc_at' on to aurae to comply with the Developer's demands- FROM :MILL CREEK FAX NO. :B28 349 045e Jun. 22 2006 0e:00AM P6 ,ruary 8, 2001 age 3 Given the facts in this letter, failure of the officers to comply will be treated as a willful act on thG it part. x have been instructed to advise you that if they do not agree to comply by 5.00 P.M. on 12 February, the Developer will take further legal action. I look forward to your reply. Kindest regards. Yours sincerely, COWARD, HICKS a SILER, P.A. Roberti F. zler RFS:cgl tl7 VliLLereaklWrreopOTNncelrafOnu Loa .L[r,wpa FROM :MILL CREEK FAX N0. :528 349 0459 Jun. 22 2006 08:00AM P7 7, +T-^'Rs::'?', r'?` �;^'t;•:,•;r .-..•�_:;:•.C'._.•. .., . .., .s C1 LYLF s�sr•seas rtrle�lr:. �a}ov & P", +a��a: c+ate e7:-�a>s4 laristopbarV�.DorriclC, �aq, �•+�i►rtiU914A) k1L1174L7 r�Y� ( ��>ib ,r,.�,�sq attaet�i�l:Qcia.atss•��6 i.^po11(w•.`'Mr.—t w4t#wl1R1 www wcor,cawn Dkm Fax.de4-470-2496 . E->Eergil:idenick@wosnoom February l Vie 'Fa=1mar A Rear Mail 115fte. Kay,Melvin & Patton, P—A, . 6I'Bast Main Street Fr*Ii>r4,NC 29734 Ito., The Mill Crer* Ettawe PrvPOM Ownas A%vg'tation(the "PON1, and the POA New slettar Postmarked Janus 29,2001 (the"Satnuory Nmsletterf�). -Dear Mr.Jones: Wu represent the developer of Mill Qok Batatcs,, Will()w view Props tiM Inc. (the "'M elopoel. We understand tbat:your clivrtim the POA,tree agrftd to send a Iettm to all POA members that explains that the 19nuary Newsletter pontai>nod sovasl mLvapreseantations regarding the Developer, and that spologizz for such misrepresentations, The letter°to the POA mfthbed should content the following statement: Our "Rep ee on Rewnt Developer's Actions'° in our Januwy newsletter was enoncouw and baked on our mifllmdorWrding of the facts. Our further investigation rcveslcd tttat tho Developer dLd nc>t (i) viiolate State PnvitaxLmental 'PtOtawtic" LRw# or State ehd County water and newer line ermstructirsn ragulations or 6ij viaWc wetl nda disturbance lows. further, Notth Cambers. regulatory,b�dics have never issued atop orders on arty suob consu=tior& In fact, ptopor license permits hakvo been inued ror the ruonstrucUnn, We apologize to the Developer stud e[l of tha'praperty*owners ibr our misrepresentation of these matte". We trust tnsl the above(mla6vely benign) language will be ace table to the POA. 'Me Developw bait w,st-hdrawn its demand that the ab ov,6 Atoloranvct be aserat via c=-irt¢d mail; hoWevor, the stotoment should be mailed to all of the individual FOA members by regular t!S, mrul by Friday,Rbruiuy 23,2001. It is our twOrttandittg also that the POA has agreed to pay all of thb Developer's o"rney`s fees U40ciaUd with aarrccting the Jammy Nowslelier misrep=atttatious, FROM :MILL CREEK FAX NO. :B28 349 0458 Jun. 22 2006 08:00AM PB 1997 15;49 9139397225 FISHER PAGE 92 Richard 5,lamt,Tr,0;+ 7hemk you very much for your attention to these matters, and please do not hcsitatc to give me a call if you have any questions. Very Uly yoti s, WOMBLE CARLYLE SAMRIDGE A RICE d PMf iwwlVmita VabF1h}+Company i Chris"her W. Derrick CWD/Ins c : Frederi;k Fisher ' FROM :MILL-CREEK FAX NO. :828 349 0458 Jun. 22 2006 OB:01AM P9 .- .. r 'IN'C.Yvr..lfr•,y� � -M:'.^ • .v .�rSi'.� Preszdentxs 1�', " The inter%id:�e eat :se t.6ut.iti'.,Janx ry ZOtJ coritpuied-'a.r ': . ':'rgai? certainttss;a'p the. hit en W ''i`5711er tl part of. '' 'o.t ^y Our .biReport on Rcceht DeVelopees Ae'doi W7 vvaas erroneous and based on Out wisunde t n pf fhe.fact . at Caw further'>in�restig t>on revealed tie Ie !+�sp�r: l = °it .tate Envita.nrnen- : tat Prot tor .Law,*Jm a ty'waterrnd , tio a ..(il):voate sower line cpnsttci 6. rolin wetlands disturbarrc- bock" .:ds: d :. regulate es:' i;,. : '., riit 'ltcahvc'pbneset�ri Y torvand su ,.k !Cs u'.le: ... - i Ie .::. ir •,ter: . . . • '• . .�}�. �. ''� •. � � r re si:'tgtt t.p the•S.oard' d I am sub arcYi to all° rrKs o :tlir*=' ctt�p.n; fty h�i 1,2 1. Due:to pel opt I:tl att6rs. 'I do r�� t'have.t4ie tip Co•p,� ie,: al.: y:d�utixes.this office r - .quires. I-have jd d m.' time. vvith•:tho :a�d-�S our the anmua!gym' .9 Sc ed rl d it :June. FROM :MILL CREEK FAX NO. :828 349 0458 Jun. 22 2O06 07:58AII P1 11, CPvEFI<, i P.O. Box 659 Franklin,NC 28744 Date: To: / C1 Fax Number: —o�Rq w704-7 Phone: .From: AU11 Creek Resort & Country Club Fax Number: (828) 349-0458 Phone: (828) 524-6458 (800) 533-3916 Re: Number of pages: 7 of (Including cover sheet) Mc G R CEIVED A S S O C I A T E S 3 ('. _I December 22, 2000 WATER QUALITY SECTION Mr. Kim Colson Non-Discharge Permitting NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Creekside Sewer System Extension Mill Creek Country Club Franklin, North Carolina Dear Mr. Colson: Enclosed for your review and consideration is a fast-track application package for the subject project. This submittal includes one original and one copy of the completed and properly executed application form, completed and properly executed Form WSCA 10/99 watershed classification, a check in the amount of $400.00 for the application fee, and two copies of the previously executed Operational Agreement and Letter of Flow Acceptance. A permit modification is being requested for this project. It was originally permitted on August 25, 1997 under permit number WQ0014289. The associated improvements consist of approximately 1,720 linear feet of 8-inch gravity sewer system, with all associated appurtenances. These improvements will be constructed to serve a residential development currently being planned. If you have any questions, or I may provide any additional information, please do not -hesitate to contact me. Sincerely, McGILL ASSOCIATES, P.A. �v RANDALL D. HINTZ, P.E. cc: Scott Fisher, Mill Creek Country Club KC22DECOO.doc Project Number 00739 E n g i n e e r i n g • P l a n n i n g • F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad.Streel, Asheville. NC 28801 828-2.52-0575 • FAX 828-252-2518 State of North Carolina Department of Environment and Natural Resources Division of Water Quality FAST-TRACK APPLICATION 00 for GRAVITY SEWERS, PUMP STATIONS, AND FORCE (Pressure sewers systems are not to be included as part of this application package) THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL. ��O\ INSTRUCTIONS: Indicate that you have included the following list of required application package items by signing your initials in the space provided next to each item. Failure to submit all required items will lead to additional processing and review time for the permit application. X. A.Application Form-Submit one original and one copy of the completed and appropriately executed application form. Any changes to this form will result in the application being returned. The Division of Water Quality (Division)will only accept application packages that have been fully completed with all applicable items addressed. You do not need to submit detailed plans and specifications unless you respond NO to item IV.6.and/or item IV.10. X B.Attachment-Submit the completed and properly executed Form WSCA 10/99 for each watershed within the project location. X C. Application Fee - Submit a check in the amount of $400 made payable to: North Carolina Department of Environment and Natural Resources(NCDENR). D.Certificates of Public Convenience and Necessity—If the application is being submitted in the name of a privately- owned public utility, submit two copies of the Certificate of Public Convenience and Necessity,which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a Certificate of Public Convenience and Necessity has not been issued, provide two copies of a letter from the NC Utilities Commission's Public Staff that states that an application for a franchise has been received,that the service area is contiguous to an existing franchised area,and/or that franchise approval is expected. X E.Operational Agreements—Submit one original and two copies of a properly executed operational agreement if the sewer extension will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels, etc.)that will be owned by a homeowners' association or developer. If the applicant is a homeowners'association,use Form F10A 10/99. If the applicant is a developer,use Form DEV 10/99. X F. Flow Acceptance Letters— If the owner of the downstream sewers and/or W WTF is different from the applicant, submit two copies of a flow acceptance letter from the owner of the downstream sewers.and WWTF. Flow acceptance letters must contain the following minimum information: applicant and project name, amount of flow accepted, and name and permit number of the receiving sewers/W WTF. The flow acceptance must not expire prior to permit issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other contracts will not be accepted in lieu of a project-specific flow acceptance letter. THE COMPLETED APPLICATION PACKAGE,INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY NON-DISCHARGE PERMITTING UNIT By U.S.Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 NORTH SALISBURY STREET,SUITE 1219 RALEIGH,NORTH CAROLINA 27699-16117 RALEIGH,NORTH CAROLINA 27604 TELEPHONE NUMBER: (919)733-5083 FACSIMILE NUMBER: (919)715-6048 For more information,visit our web site at:h2o.enr.state.nc.us/ndpu1 FORM: FTA 06/00 Page 1 of 5 Application Number: —(to be completed b ( � Y Dw Q) I. GENERAL INFORMATION: 1. Applicant's name(name of the municipality, corporation, individual, etc.): Mill Creek Country Club 2. Owner's or signing official's name and title(15A NCAC 2H .0206(b)): Scott D. Fisher President 3. Name and complete address of applicant: Scott D. Fisher President Mill Creek Country Club P.O.Box 848 City: Franklin State: NC Zip: 28744 Telephone number: ( 828 ) 524-6458 Facsimile number: ( 828 ) 349-0458 4. Project name(name of the subdivision, facility or establishment, etc.): Creekside Sewer System Extension,Mill Creek Country Club 5. County where project is located: Macon 6. Fee submitted: $ 400.00 (See Instruction C.) 7. Name and complete address of engineering firm: McGill Associates,P.A. 55 Broad Street City: Asheville State: _ NC Zip: 28801 Telephone number: ( 828 ) 252-0575 Facsimile number: ( 828 ) 252-2518 8. Name and affiliation of contact person who can answer questions about application: Randall D. Hintz,P.E.,Project Engineer II. PERMIT INFORMATION: 1. Project is: new; X modification 2. If this application is being submitted as a result of a modification to an existing permit, provide: existing permit number W 0)14289 and the issuance date August 25, 1997 3. Applicant is: public X private If private,units(lots,townhomes,etc.)are: leased(Skip to item III.); X sold if sold, facilities owned by a: _ public utility(See Instruction D.); X homeowners' association/developer(See Instruction E.) III. INFORMATION ON WASTEWATER: 1. Please provide a one- or two-word description specifying the origin of the wastewater (school, subdivision,hospital,commercial facility, industry,apartments,condominiums, etc.): Residential 2. Volume of wastewater generated by this project: 4,560 gallons per day 3. Explanation of how wastewater flow was determined(15A NCAC 2H.0219(1)): Residential townhouse/condominium units containing a total of 38 bedrooms at 120 gpd/bedroom 4. Nature of wastewater: 100%Domestic/Commercial; %Industrial; %Other waste-specify: FORM: FTA 06/00 Page 2 of 5 5. If wastewater is industrial in nature: a. Level of pretreatment that has been provided to ensure protection of the receiving collection system and wastewater treatment facility: N/A b. If a pretreatment permit is required,has one been issued? Yes; No. If yes,please attach a copy of the pretreatment permit. If no, provide date application was submitted: IV. DESIGN INFORMATION: I. Brief project description: Residential townhouse/condominium units with a total of 38 bedrooms replacing previously permitted 12(2 bedroom)single family units (38 bedrooms replacing 24 bedrooms previously permitted. Therefore,net increase in flow of 1,680 gpd.) 2. Owner and name of wastewater treatment facility(WWTF)receiving wastewater(See Instruction F.): _ Town of Franklin WWTF 3. WWTF permit number(NC00***** or WQ00*****): NCO021547 4. List the owner(s) of any intermediate sewers if different from applicant or owner of WWTF (See Instruction F.): Macon County 5. Summary of GRAVITY SEWER to be permitted: Diameter Length (inches) (linear feet) 8 1,720 6. Does the subject gravity sewer collection system comply with the most recent version of the Gravity Sewer Minimum Design Criteria and 15A NCAC 2H .0200? X Yes; No. If no, please identify criteria and explain: 7. Summary of PUMP STATIONS to be permitted: No. or Design Flow Pump Operational Points Reliability Option Name (MGD) GPM @_feet TDH Selected FORM: FTA 06/00 Page 3 of 5 8. Summary of FORCE MAIN to be permitted: Diameter Length • (inches) (linear feet) 9. List any equipment being utilized that is not specifically mentioned elsewhere in the application or as part of the Minimum Design Criteria (e.g., telemetry, hoist, odor control equipment, mechanical bar screens,etc.): 10. Do the subject pump stations and force mains comply with the Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains document adopted June 1,2000 and 15A NCAC 21-I .0200? Yes; No. If no, please identify criteria and explain: NOTE: If you responded NO to item IVA and/or item IV.10. above, two (2) copies of detailed plans, specifications, supporting information, and any other materials pertaining to the identified criteria should be.submitted with the completed and appropriately executed application form. FORM: FTA 06/00 Page 4 of 5 • V. CERTIFICATIONS Professional Engineer's Certification: I, Randall D. Hintz.P.E. ,attest that this application for Creekside Sewer System Extension has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000. Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143- 215.613, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to$25,000 per violation. North Carolina Professional Engineer's seal,signature,and date: �o�(H CAROMEss �Gw ,-� s ��• sue, A��O�r�� << DAVI�?.`Z�1stoo Applicant's Certification: I, Scott D.Fisher,President ,attest that this application for Creekside Sewer System Extension 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 are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Note: In-accordance with NC General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed$10,00 we ci H penalties up to$25,000 per violation. Signature: Date: h2•6K,7C3Ub l FORM: FTA 06/00 Page 5 of 5 JUN-1b-e-00b 1d:,+,3 I'rom'-,-LHbbDiu larlHL. bbtl 3bt, zUC:':i (0.43 F .5'b State of North Carolina Department of Environment and Natural Resources �" • jj Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary NCDENR Kerr T. Stevens, Director NORTH CAROLINA DUAR-rmEw QF ENYIRMMENT ANO NATUriAL RE50URCF_s January 18,2000 Mu.Sandra Ochmer 212 Wayah Street Pranklirr,North Carolina 28734 Subject: Permi.T No.WQ00WQ001751 I Coventry Place Subdivision Wastewater Collection System Macon County Dear Ms.Ochsner: In accordance with your application received October 5, 1999 and additional information received November 8, 1999 and January S,2000 we sae forwarding herewith Pernik Nv.WQ0017511 dated Jastt)ztty 18, 2000, to Ms.Sandra Uchsnor for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject. to the c6mlilions and limitations as specified therein. If any parts,mquireinunts,or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon wrhxen request within thirty(30)days Following receipt of this pernrit. This request must be in the form of a.written petition, conforming to Chapter 150E of the North Carolina General Statutes,and bled with the Office of Administrative Huarings,6714 Mail Service Center,Raleigh,NC 27699-6714. Untes;r;such demands are made this permit xba11 be final and binding. One set of approved plane and specifications is Being forwarded to you. If You need additional information confoming this mattc.T, please contact Mr. Bennie Gooze.Jr.,P. E. at(919) 733-5081 extension 36?.. Sine KetrT.Stevens cc: Macon County Health Dt-par ment Asheville Regional Office,Water Quality Section William G.Laxpalcy&Amociates,P.A. 1017 Mail Service Center,Raleigh.North Carolina 276994617 Telephone(919)7$3-5083 Fax(919)715-OD48 An Equal Opportunity Affirmative Aepan Employer 50%recyclecV1u%post-consumer paper JUN-1b-&-UWb ld:q5 rr'od1:l.LHbbIL, lal'IHI, Udd Jbtl Jdc� i I O:ti�tl d'l'j rwl+j I .bib trmiklin, J88 West Main Street Nortb Carolina 28734 (828)524-2516 I:Icvcxn Ix-r 7,2000 Saudy Clchs►ier Mucalc>wvicw Xc:al.ly 212 Wuyuh Strcct Fninklin,Nor 7.8734 Dcar Ails.Ochsncr: ilea se consider this a bill in Oic atnount or$14,900.18 for the"wa(cr aiiid sewer 1ups oil 64 Vk nl, Paris: 2-.6" Water Taps�u,l$5,000 each $1(),()00.()0 ?.-Tap Slacvc $ 545.70 1-Tap Valve 827.04 :!-Valvo IWX 42.52 Tax 1,500.18 1-2" St,wcr Tap $ 2,800.00 Crosning load $ 3,300.()0 Plemse rnaskc your ehcc k payable to the Town of Franklin. `+iittx:rt;ly �irc�:ipr qI'1'u#�[Ac;Wt�rk,c JUN-lb-e_kJWb 1d:-+1 d6d .3by ,add i ia:tic�a C�J r0q.5 r.d1b NORTH CAR01-INA DF-PARTMIgNT OF f' rINVIRONMiEW AND NATURAL RESOURCES " AsPIEVILLE REGIONAL OVITICK 00 �t ?,�ro r•', � ''^ .fit i LETTER OF APPIC"W L October 14,.1999 y Jwn+isa-1iuNr.! '' GOYQiNOR `t Mrs.Sandra 0chsner 212 Wayah Street Franklin,NC 20734 cnt+tr r „s This office has t�vlewed the erobion and sedimentation control plan submitted for the project = �R� listed below. We find the plan to be acceptable and hereby issue tits Letter of Approval. #•y62y,;, . Please be advised that Tlt1e 1 SA,NorthCarolina Aclrrlinistrative Code 411,00 17(a),requires that a copy of the approved soil erasion Control plan be on File at the it)b site. The enclosed :•:s3k=.:f z:'+ <<.;•'= Certificate of Approval itsustt be posted at the job site. Also,you should consider this letter to give the Notice required by NGGS§113A-61 jdj of ourtightof periodic inspection to ensure compliance with the approved plan. This plan approval shall expire three{3]years following the date of approval,if no land-disturbing activity has been undertaken,as is r equtred by"CltIt ,,. 15A NGAG 48.0029. .,r i• VT erg:' ;Vs requiring The State's Sedimentation Pollution Control Program is'a perFomrance'uriented program •i•'i? . requiring protection of the natural resources curd adjoining propel If,If,• fuliowhyg commencement of this project, It is detennined that the plan is inadequate to meet the } requirements of NGGS §1 f U-9 i to 66, this office rtlay require revisions to the plan AM Implementatlon of the revisions to ensure cvaypliance with the Act. Accept:ntce and oral rroval of tills plan is conditioned upon your compliance with federal and state water quality laws, y ..I`ps regulations,and rules. in addition, local city or county ordinances or rules tiny also aplily to l this land-disturbing activity. This approval does not supersede any other pevnttK car,1ppr,►vtl- Please note that this approval Is Rased in part on the accuracy of the infornlat.ion provided in the Financial Responsibility Form which you have provldeEl. You are requested to lilt an r ;;i" w amended form If there is any change in the Information included on the I'onn. In addition,it would be helpful if you notify this office of the proposed starting state for this project. Your r ` . ; Z-:. €" cooperation Is apprec4tte4. Sincerely. LNG,Richard D. Moor e Asst,Regional Engineer Enclosures copy;ca La sl et Assoc. P ey -" j nY Project name: Covent ry Place Subdivision lover basin; Little Tennessee: Location: Macon county Sttitanl(.las5i(lcatiEln: C = :'k., �i'";a� Date received: 1 Q/4/99 New submittal (✓ revision { ,neo WAN • 'r�' "•' INTF_RCHP1Rf:Q F}t,l�,tltTl r-,RO WS1Y.![,fW7N FI ACF,"A!{HF,V N.LF, Must err�p.n.r rrrw�ns)In� . - _ f IrfrNR O2B-R7�S•n7 uA Yn�T'7A 2r 7 •:?-: ,- -. ANF..t7UAt.ghr'grt'1UN11'IlhP►IhMnrIVF.AG'CIrrN F--»r•I rTY►tl $n3a RItf:YCL I!u11 rye.:.r.•+t .-tiL11VM�11 I-11'r^h CERTIFICATE OF PLAN APPROVAL I t L `[ cam¢•51Ai�'r * E' U ��alS�t P,qy�* �. ]0 0 The posting of this certificate certifiles That an erosion and sedimentation control plan has been approved for this project by the North Carolina Department of EnOronm.ent and. Natural Resources in accordance with North Carolina General Statute 113A - 57 (4) n and 113A - 54 (d) (4) and North Carolina Admanlstrative Code, Title 15A, Chapter 4B.0007 (c). This certificate must be posted at the primary entrance of the ,fob site n before constriction begins and until. establishment of permanent groundcover as required by North Carolina Administrative Code, Title 15A, Chapter 4B.0027 (b). 67 0 at/enl Y P CL fuai V1 S*1 0 1) n Project Name and Location J E i - U Date of Plan Approval AA- Regional E glneer ""''""" "� Land Quali Section UNCDENR A DIVISION OF LAND RESOURCES �j t� �� .�- 3 JUN-lb-e-Ubb "lb:qf:� I-f'om:l.LHbbIL, UPHI, uc::d C:'j'r ruq,5 r .'4,b t"••1Y• t 188 West Main Street Franklin,Notth Carolina 28734 (704)524-2516 August 6, 1999 Mr.William 13.Lapsley,P13 PO Box 546 Hendersonville,NC 29793 Dear Mr.Lopsley: Pwvtmt to your request,the Town of Franklin has sufficient capacity to supply water and treat wastewater from a proposed development by Arthur Ochsner known as cc,mary place. The ToFvn of Franklin has tentatively approved this project.with final approval pending,lollrnving sulnni95iun and approval of enginecred plans of the proposed project. Should you have adtfidwal questions,do out hesitate to contact ma Sinccrel�+, . Joe Stark Town Administrator State of North Carolina- Department of Environment, , Health and Natural Resources Division of Water Quality • • James B. Hunt, Jr., Governor _ ; Wayne McDevitt, Secretary a , E N A. Preston Howard, Jr., P.E., Director August 25 1997 2 7 /997 . g � AUG� Mr. Scott Fisher, Vice President ZSEMill Creek Coun Club �5ffEV [Q1f ®N try fZ%CfEcICtFfC� P.O. Box 848 Franklin,North Carolina 28734 Subject: Permit No. WQ0014289 Mill Creek Country Club Mill Creek Country Club, Phase V Wastewater Collection System Macon County Dear Mr. Fisher: In accordance with your application received August 14, 1997, attached is Permit No. WQ0014289, dated August 25, 1997, to the Mill Creek Country Club for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and you shall be subject to the conditions and limitations as specified in the North Carolina Gravity Sewer Design Criteria adopted February 12, 1996 and the attached 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 for the construction and operation of approximately 4,695 linear feet of 8 inch gravity sewer to serve 55-two bedroom homes at Mill Creek Country Club, Phase V, and the discharge of 13,200 GPD of collected domestic wastewater into the Town of Franklin's existing sewerage system, pursuant to the application received August 14, 1997, and in conformity with the North Carolina Gravity Sewer Design Criteria. The sewage and wastewater collected by this system shall be treated in the Town of Franklin Wastewater Treatment Facility (NPDES Permit No. NC0021547) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreements between the Town of Franklin, County of Macon, and Mill Creek Country Club for the collection and final treatment of wastewater are in full force and effect. 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 Statutes 143-215.6(A) through 143-215.6(C) for violation of or failure to act in accordance with the terms and conditions of this Permit. 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 150B of 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. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-0719 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper i 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. If you need additional information concerning this matter, please contact Ms. Thelma Williams at (919) 733-5083 extension 524. Sincerely ge A. Preston Howard, Jr., P.E. cc: Macon County Health Department '-A8heville-Regional Office,Water Quality Section McGill Associates, P.A. r , NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH GRAVITY SEWER COLLECTION SYSTEMS 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 the Division of Water Quality Gravity Sewer Design Criteria_ adopted February 12, 1996. 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. 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 Water Quality 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. 5. Construction of the gravity sewers 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. 6. Upon completion of construction and prior to operation of this permitted facility, a certification and a copy of the record drawings (i.e., as constructed plans) must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the Division of Water Quality Gravity Sewer Design Criteria adopted February 12, 1996, and other supporting materials. Mail the Certification a;id one (1) copy of the "Record Drawings" to,the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. _ 7. A copy of the Record Drawings shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 8. Failure to abide by the conditions and limitations contained in this general sewer permit or the North Carolina Gravity Sewer Design Criteria may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(a) to 143- 215.6(c). 9. 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. 1 10. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (704) 251-6208, 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 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 five (5) 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. Permit issued this the 25th day of August, 1997. NORYCAIRLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director or Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0014289 I 2 • Permit No. WQ0014289 August 25, 1997 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 of this permit, the certificate of coverage, the North Carolina Gravity Sewer Minimum Design Manual, and other supporting materials. Signature Registration No. Date The above Engineer's Certification must be completed and submitted to the address below with one (1) copy of the "Record Drawings" (i.e., as-constructed plans) of the wastewater collection system This project shall not be considered complete and allowed to operate until this Engineer's Certification and the "Record Drawings" plans have been submitted. Any wastewater flow made tributary to the wastewater collection system 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. NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION PERMITS AND ENGINEERING UNIT POST OFFICE BOX 29535 RALEIGH, 'NORTH CAROLINA 27626-0535 3 06/30,f 2006 08:38 8285246456 PAGE 28 •.ram • McGill A S S o C I A T E 5 June 20, 1997 A.Preston Howard,P.E. North Carolina Deparunent of Envimae it, Health&Natural Resources Post[Dice Box 29535 Raleigh, North Carolina 27626-0535 RE. Sewer Extension Mint Lemke Villas Mill Creek Country Club Dcar W. Howard; Construction of the above-r'efereneed project is now complete. Enclosed is a completed .E�giJ er's Certification. If you have any questions,please:cW1. . Sittee�rely, - . Y 5 WGILL ASSOCIATES, P.A. JOEL L. STORROW, F.E. JLS R Enclosure cc: Scott Fisher, with enc1omm jinx Williamson, with enclomm 91105.011stwwwlp=jun7.doc Engineering • P annIn 'g " Finance McGill Aesoefafie,PA, P.O.Bar 2259.Aikevilk,NC 2$802•SS Broad Strof,AShevlldc.NC 288W 704.2s2-0573 FAX 704-252-2518 06/30/2005 08:38 82B5246456 PAGE 29 Permit No.W013028 November 18, 1996 FATc7iiF FICATION i. ..�T(�{' 1L,= adY� , as a Ouiy registered Pwf si Enghmer in iho 3tato of North CORAIna. yf ng s u t�ab # odicaUy��►e ,full eisae)the consva cdon of the '1,(� Cree YJ b MgcC'Yj CIIEJ f Profcet Name Locaaon�- PeaxWnw hereby state thatr to the best of my abiWes,due cars and dilipnee was used in The observation of the constmc such that the Gonsmwdon was ob ed to be built within substantial compliance and is , intent of d 't,th rovcd laps and s- ations.and other supporting materials. ti-Nn. 1]ate 'tAl� .Q i ` Ql�Sst ' ° '" 4 i SAL t 14774 ���+.eiieRw�r►Y� 4 86/30/2006 88:38 82B5246456 PAGE 30 w r PERMIT NAME QFt OWNERSHIP CHAN' FORM FOR.SEWER SYSTEMS P t FO M PNOGF-S'-OW4 1LrsroenMV bsVWk=pWj0rUW man ari*w1 Wt m*&a rted hl&Vymy, This farm h to be used for t wfeRing a permlf for a�to a new owner or chanr no a sty name. Sewer pwwts stars wHli a Wo and contcon the taim sewer edger m or w1sof1W1 system in the perrrdt subida field. This form should not be used for permits begh ing%flh NQ NOG:SW or other types of rrrsrrdewier permits beginning%Hh WQ, i. REQUIRED RMS—PLE,ME RFA13 C.ARMUY.INCOMPiZ ENESS OR OMISSIONS MAY LEAD TOO DELAYS IN PROCESSING YOUR REQUEST. 1. Submit one origincil of this completed and appropriately executed Form. a, For a change of ownership,the certification must be signed by both the currant permit holder and the new applicant. b. For a name change-oniy,they certification must tie signed by the applicant. 2. Provide legal documeritatlon of the transfer of aWnershlp or company name change(such as a continct,deed,article of Incorporation,approved Boeird minutes,etc.)for ownership changes. 3. For transfer from a developer to another developer who Is;selling lots: a. Submit a.properly executed Operational Agreement(Form DEV 021031. b. It the developer has already formed a legal Homeowner's Association (HOA)in accordance with an 66cwted Operational Agreement,submit a copy of the articles of Incorporation,Declaration and 8ylaws'that contain the language required by the Operational Agreement. 4. For transfer from a developer to a legally formed and registered homeowner or-property fawner association(H6A/POA): a. Submit a properly executed Operational Agreement(Form HOA 02/03). b. Submit a copy of the Associettion Byiawsfand Declarations that contaln the language required by the Operational Agreement. If. PEIRPOSE QE Rf IS TRANAFE. ❑ Name Change CwnetsHp Change ❑Other(explaln on separate sheet) i1I. CURRENT?MMIT iIv(FOMIJON Permit rnmrber. WOW 0 13 09 Company name ; I Cj&k �- Perrnit signing official name and Effe(axment name on permit): i Min address: . {� c• star- AIC , zip.. -Z- Tel` -3 F= - _& 1=man• • �k. �sr�emp�aea and cone�ra,s tie tic td17 Maq SeivrocC�fEer,Ra191gh,NC�s-46?T U .�AI'C1 a C-m#WPl1?=d0*512 9 gaftbwy sftwi%att,1344,1eafer A NC2MM T0Wt=e(916)73ft-6M- Fax MIG)M3,00M.- ����� � 4irerrret hdpJ,h2aerrnestaletlal»�t An LqM OppatWWAMM Ewckow 5VA-widedlip%p k--mWpgp®r 06/30,12006 08:38 8285246456 PAGE 31 I FORM PAGE 2 IV. EW QW-M—NERINAMI INFORMATION name: Authorised stgnitt,g officrai name and:tftto(sea 1SA NCAC 2H.t")' Ma7m cep: C- Stars Tel. post• &rncll• V. CERMFlCATIDNS 1. Current per rffteds Cartiflrcrtion: b .r - 6itwt that this application for namefownershlp change has been reVlewed and is accurate and complete to the best of my kn w16dgs_ I understand that it,all required parts of this appliccdlon are not completed and lhtzt.if all required supporfinV information and aitachments are not included, this t5pplicaffon package will be retumed as incomplete. understand I will continue to be'respanshe for compktr-e with the current permit until a new pe" ' Signalum! Mite: �. AppDcant's Certification. I, J atfest that this applicaffon for nam /dwneWP change has been reviewed and is aceurote and complete to the best flf my knawfedge. I understand that sF cd rewired parts of ih[s appliconon-are.not completed and that If all required supporting Information and attacYments are not included.thIS appYca On packWe win be returned as Incomplete. Rom. .Data: THE COMPLETED APPLICAPON PACKAGE,INCLUDING ALL SUPPORTING INFORMATION-AND MATERIALS,-SHOULD BE SENT TO THE ATTENTION OF MAR1E DC7KL.OVIC:AT THE LIMERHEAD ADDRESS ***END OF FORM PNOCM 09/0 +** 06/30/2006 08:33 82B5246456 PAGE 32 ' STA'TR OPNOR'TH CAROI:INA COUNTY OF Pcm*No. HOMF./PRtfPERT�OWNI 'O��tATIONAi,_ASrIIHSIt�Nr This AERPJOJMiT made pursuant to G.S. 143-215.1 (dl)•and entered into tbis day of by and hetwam the North Catalina ltviMn rental Management Comn isdou,Mn agenV of the Stoa of North Carolina,hcreimft kum m as the.COMMdSSION;and. it non profit wipar4on organized and existing ttt ft and by virtue of tine laws of the State of North Carolina,hereinafter known as the AS,SOCAMON. WITNESSRTH: �•; I. Uv ASSOCIATIONS vans farmed for the purpose,among odters,of handling the property,affairs and,,•..• business of th6 deyelopmeut known as (.herelnafter the Development);of operating;mas'mtaining,ro-constructiog and repairing the common ele mots of tha lands add irdprovements subject to unit ownership,including the wastewater collection with pumps,wastewater treatment works,'and/or disposal facilitics(hereinafter Disposal System), and of collecting dues and asses meat to provide foods for such operation,maintmumce,McaMumtian .2. The ASSOCIATION desires;to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on.said Iands. 3. The.ASSWATION has appliedtvthe COMMMSION.A the:issuance of a permit pu m anuo 0.9, 143- 1 ,•-• 215,1 to construct,maintain,�dfor vp�te the I3lsposal Sys. 4. The 13evdopm.ent was created sulije i-to unit ovvaftship in the dwe`Ilmge units,otIm improvements and<.' lands through.filing.gfa Declaration bf Unit Ov ership(hereinafter Dcolara n),ffiucsmmt to Chapter 4�C or•411;of the North Carolina General Statxztes. 5. lu cokmSSZON desires to assure first the Disposal System of the Development is*Operly constructed,num tasted and operated in accordance with law and permit provisions in order to protect the quaifty of the waters of then State=4 ft public interest gwein. NOW,TImREFORl3,in consiftntion pf tho promises and the benefits to be derived by each of the parties hereto,the G MMISSION and ASSOC IAMN•do hereby;mutually agree as follows:. 1. The ASSOCIATION shall construct to Disposal System and/or make any additions or modifications to tho 0.1aposfal.Systcsa in accordanas with the pent&w id plans=d specifications hewa$er reaped and approved by the COMM7.SSTON,and sball thereafter properly oper°ato and maintain such systems arad thCa"Iittes in accordamGe vu th applicable pm mait provisions and law. 2. The ASSOCIATION shall provide in;the Declaration and Association Bylaws that the Disposal System. and wurtenances thereto are part oftthe common elements and shall thereafter bon properly maintained wd opemted in conformity Witt)law and tlse provisiow fifths remit fox•construction,opesn#ion,repair, and maintenance of the system and femilitica. The Declaration and Bylaws shall identify the entire wastewater treatment,collectlon and disposal system as a common element Which will receive the-highest priority for mpexadl ores by thf Associatkm eaccpt tbrFederal,State,and local tastes and insuzmnaa,• FORM: HOA 02103 Page 1 of 2 06/30,12006 08:38 82B5246456 PAGE 33 3. TheASSoarmON shall provide intheDe cluaticn and Association Bylaws that the Disposal Systearn will be maintained out of the comxnoft expenses. In order to assure that there sly be fiends readily available to repair,maiatafi%or constma the Ais&W.Wein beyond the routine operation and maintenance expenses,the Declaration and Association Bylaws shall provide that a fond be created out of tlae common expenses. Such fond slmll be sepan to f=the xuuthm maintmiance fond allocated for the facility and shall be part of the yeaAy-budget. 4. In the event the eommn•expense allocation and sVmVe.fund(s)are not adequate for tho constmotion, ,repair,and maintenance of the Disposal System,the Declaration and Association Bylaws sled!pm j e for special messments to cover such nem=7 cosh. Thecc OMI be no limit on the amount of such assessments,and the Declaration aid Bylaws shall be provided such that special assessments can be made as necessary at any time. 5. If a wastewater eollection system and wastewater treat n nt 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 ASSOCINTIbN shall.t&a such action as is necessary to oaf jhe ==sting and fuh a wastewater of the Devr:topment to be accepted and discharged into.said govminenW system,and shall convey or transfer as much of the Disposal System and such necessary easements as.the govemaaenta].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 anl welfare fox the ASSOCIATION to.enter into voluntary dissolution without having made adequate provision for tip con inued proper maintcnaae;e,repair and operation of its Disposal System,the ASSOCIATION shall provide in the:ASsomAATION Bylawa that the ASSOGTATION shall not enter into volxintary 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 then issoance of t permit. 7. The ASSOCIATION shall nat transfer,convey,assign or otherwise relinquiah or release;its responsibility for the operation and maintennum of its Disposal System until a permft has been reisawd to the ASSOCFA1101?'S successor. 4 8. The agreements set forth in numbered garagraghs 1,2,3,4,5,6,and 7 above sha116e conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction,maintenance,repent and. operation ofthe Disposal SystmL g, A copy oftbia agreement shall be filed at the Register of l)eeds in the County(les)whe m the D eclaration is filed zftd in the offices ofthev Socretary.of State of North Camlina with the Articles of Incorporation of the, Associeflon. IN WITNESS WHMOF,this agreement Was oxecatted in duplicate originals by the duty anffin*r d representative of the parties heveto an the day and Year wfittm as indicated by each of the parties named.bellow: FOR TIMM IMON 'AL MANA.GENtENT COMMMSION Nmoae of ASSOCIATION Alan W.Klimek,P.E.,Director (SSigQatu;e) Division of Water Quality Vona Nme and Title -- FORM: IiOA 02/03 Page 2 of2 ' 06/30,12006 08:38 8285246456 PAGE 34 (17ate) (Date) FORM: ITOA 02/03 3'egr-3 of 2 State of North Carolina IqT Department of Environment, Health and Natural Resources a • • Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C) E N F1 A. Preston Howard, Jr., P.E., Director November 18, 1996 ,1 Mr. Scott Fisher,Vice President Mill Creek Country Club Post Office Box 848 Franklin,North Carolina 28734 Subject: Permit No.WQ0013028 Mill Creek Country Club Mint Lake Villas Sewer Extension Macon County Dear Mr.Fisher. In accordance with your application received October 16, 1996,we are forwarding herewith Permit No. WQ0013028, dated November 18, 1996, to Mill Creek Country Club for the construction and operation of the subject wastewater collection 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. 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 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 Matt Williams at(919)733-5083 extension 509. Sincerely, A. Pre ton ward, Jr., P.E. cc: Macon County Health Department Asheville Regional-Office;Water Quality Section j _ nr LN McGill Associates, P.A., Mr. Joel L. Storrow, P.E. zv /Gl JAl0/ON ,1 �a�OFFIO6,p P.O.Box 29535,Raleigh, North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-0719 �h' An Equal Opportunity Affirmative Action Employer 500/6 recycled/100%post-consurner paper x 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 Mill Creek Country Club Macon County FOR THE construction and operation of approximately 505 linear feet of 8 inch gravity sewer, a 25 GPM pump station with duplex pumps, high water alarms, portable generator, telemetry device, and approximately 350 linear feet of 1.5 inch force main to serve 30 - two bedroom units for Mint Lake Villas and the discharge of 7,200 GPD of collected domestic wastewater into the Town of Franklin's existing sewerage system,pursuant to the application received October 16, 1996, 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 Town of Franklin Wastewater Treatment Facility.pror 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 Water Quality 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. 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 Water Quality, 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. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover(minimum) over the force main or the use of ferrous material where three feet cannot be maintained, f. Sufficient devices which will protect the pump station from vandals,and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. 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 of Water Quality, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (704) 251-6208, 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 five (5) 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. 2 14. This permit shall become voidable unless the agreement between Mill Creek Country Club and the Town of Franklin for the collection and final treatment of wastewater is in full force and effect. 15. 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. Permit issued this the 18th day of November, 1996 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Ls , A. Preston ward, Jr., P.18., Director Division of ater Quality " / 'I By Authority of the Environmental Management Commission Permit Number WQ0013028 3 Permit No.WQ0013028 November 18, 1996 ENGIN .F.R'4 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 4 i To: State Review Group Non-discharge From: Forrest. R. Westal Water Quality Reg' nal Supervisor, Ashevill-e Regiona ffice Date: October 23, 1996 SUBJECT: Procedure Four (4) APN W00013028_ .State Review Group Mill Creek Mint"Lake villas Review Engineer: Matt Williams Mill Creek Country Club _ PO Box 848 Regional Office Contact:Bill Anders Franklin, NC 28734 1) Name of wastewater treatment plant to receive the wastewater Town of Franklin 2) WWTP design capacity 1 . 5 MGD �) NPDES Permit No. NCO021547 Expiration Date 20 Aug 97 4) Compliance Information: Present treatment plant performance for previous 12 months - beginning 95 l09 Permits/SOC Limits Monthl Avera e SEE ATTACHED 5) Quantity and type of wastewater from proposed sewers: 7200 GPD domestic 100 industrial other 6) Volume from previously approved projects not yet tributary to WWTP N/A GPD 7) Regional Recommendations: Approval XX Denial (Any additional comments should be attached to this form) State of North Carolind Department of Environment, Health and Natural Resources P. Division of Water Quality b James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director a October 16, 1996 OCT � 6'Vr1TER l!lir'.f0� MR. SCOTT FISHER A SN-VILL REGt MILL CREEK COUNTRY CLUB ~ PO BOX 848 FRANKLIN, NORTH CAROLINA 28734 Subject: Application No. WQ0013028 Mint Lake Villas Sewers-Private Macon County Dear MR. FISHER: The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials on October 16, 1996. This application has been assigned the number listed Your project has been assigned to Matt Williams for a detailed engineering review. Should there be any questions concerning your project, the reviewer will contact you with a request for additional information. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor or a Procedure Four Evaluation for this project, prior to final action by the Division. If you have any questions, please contact Matt Williams at (919) 733-5083 extension 509. If the engineer is unavailable, you may leave a message on their voice mail and they will respond promptly. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. Sincerely, (- )l��Carolyn D. Mq askill Supervisor, State Engineering Review Group cc: Asheville Regional Office McGill Associates, PA Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management Non-Discharge Permit Application (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) GRAVITY SEWER EXTENSION, PUMP STATIONS, AND PRESSURE SEWERS I. GENERAL INFORMATION: SOC Project: Yes, x No. 1. Applicant's name(please specify the name of the municipality,corporation,individual,etc.): Mill Creek Country Club 2. Print Owners or Signing Official's naine and title(the person who is legally responsible for the facility and its compliance): Scott Fisher, Vice President 3. Mailing address: P. 0. Box 848 City: Franklin State: NC Zip: 28734 Telephone Number: ( 7 0 4 ) 5 2 4—6 4 5 8 =� 4. Project Name (please specify the name of the subdivision, facility, or establishment - should be consistent witl -prcje_ct name on plans,specifications,letters of flow acceptance,Operational Agreements,etc.): r� Water & Sewer Improvements — Mint Lake Villas. Mill Creek Country" Cl-d 5. Application Date: 9—2 7—9 6 6. Fee Submitted: $ 4 0 0— 6. County where project is located: Macon II. PERMIT INFORMATION: 1. Application No. (will be completed by DEM): � 2. Specify whether project is: x new; modification. 3. If this application is being submitted as a result of a modification to an existing permit,please complete: existing permit number and the issue date 4. Specify whether the applicant is public or x private. III. INFORMATION ON WASTEWATER: 1. Nature of Wastewater: 100 %Domestic/Commercial ; %Industrial; %Other waste(specify): 2. Please provide a one or two word description specifying the origin of the wastewater, such as school, subdivision,hospital, commercial,industrial, apartments,etc.: Condominiums 3. Indicate any parameter(s)(and their concentration)that will be greater than normal domestic levels: N/A 4. If wastewater is not domestic in nature,what level of pretreatment has been provided to ensure protection of the receiving wastewater treatment facility? N/A 5. If a pretreatment permit is required, has one been issued? Yes No. If yes, please attach a copy of the pretreatment permit. If No,when will one be issued: N/A FORM: GSPSA 02/95 Page 1 of 8 6. Volume of wastewater generated by this project: 7200 gallons per day. 7. Explanation of how wastewater volume was determined: 30 units (a 240 gprl/u n i t-= 7200 rr(_ IV. DESIGN INFORMATION: 1. Brief project description: 505 +/- 8" Gravity Sewer, 1 duplex qri nrir,r n„mp station, 350 +/- LF 1 1/2" sewer force main to serve 30 - one bedroom town house condominiums 2. Name of wastewater treatment facility receiving wastewater: Tr)wn n f Prank 1 i n WWTP a. Facility Permit Number: NC 0 0 21 5 4 7 b. Engineer should provide statement of his evaluation of downstream sewers ability to accept the wastewater: downstream sewers are of adequate size and conditions to accept proposed flow c. Permit Number for sewers immediately downstream: WQ 0001162 d. Pipe diameter of sewers immediately downstream: 811 3. Summary of GRAVITY SEWER to be permitted,by diameter,length and pipe material: Diameter Length Pipe Circle C or Minimum Maximum Minimum Maximum Minimum (in) (linear feet) Material N Factor& Slope(%) Slope(%) Velocity Velocity Cover(in) Specify (fps) (fps) Value 8 505 PVC 130 0 . 47 4 . 29 > 2 ":- 15 36 NOTE: The minimum velocity must not be less than 2 fps. For public sewers the minimum diameter is 8 inches. For private sewers the minimum diameter is 6 inches. 1 4. Anchors shall be provided for sewers with slopi s greater than 20 Flo. The anchor spacing shall be a maximum of. 36 foot separation for slopes of 21% to 35%; 24 foot separation for slopes of 36% to 50%; 16 foot separation for slopes greater than 50%. For velocities greater than 15 fps,it is strongly recommended that measures be considered which will protect the sewers and manholes from erosion. For velocities greater than 20 fps,erosion control measures must be specified. For any excessive slopes or velocities that will occur in any sewer line segment,.what measures have been taken to protect the sewer pipe and manholes? N/A 5. Maximum length of sewer between manholes: 1in`ea feet. 6. This sewer line segment occurs between manhole no. 2 and manhole no. 3 FORM: GSPSA 02/95 Page 2 of 8 7. Does the owner/operator have the ability to clean this length? x Yes No. For sewer reach lengths greater than 425 feet,please provide a letter from the owner/operator,stating the ability to clean the specified reach and include the equipment specifications. 8. Sewers subject to existing or planned traffic bearing loads? x Yes No. If yes,what measures are being taken to enable the sewers to withstand the loads? Traffic bedring manholes and minimum depth of cover is 4 . 0 +/— FT 9. Outside drop manholes are provided where invert separations exceed: x feet(provide for separations>or=2.5') 10. Identify(by manhole number)those manholes that have drop connections: N/A 11. Maximum allowable infiltration/exfiltration test rate: e_ 100 GPD/pipe diameter inch/mile of pipe. NOTE: Must not exceed 100 GPD/pipe diameter inch/mile of pipe. 12. Minimum separation distances as shown on the plans and addressed in the specifications. If a,b,or c below is no,explain in an attachment(This section must be completed for all collection systems including force mains and pressures sewers): a) 100 ft.horizontal separation from wells or other water supplies? x Yes No b) 12 in.vertical separation from storm sewer or ferrous pipe sanitary sewer specified?_x Yes No c) 10 ft.horiz.sep. from water mains or 18 in vertical sep. (water over sewer)or ferrous pipe specified? x Yes No 13. Are manholes subject to flooding? Yes x No. If Yes, are manhole rim elevations 1 foot above 100-year flood level,(100 year flood elevation should be indicated on plans)? Yes No; Or,are the manholes watertight,vented 1 foot above the 100-year flood elevation and vented every 1,000 feet(should be shown on plans)? Yes No. 14::Identify(by manhole number)those manholes that are vented: 15.'Does this project involve any stream crossings? Yes x No. If yes,what precautions or special features have been utilized to ensure protection of the sewer line and not restrict stream flow? Identify the sheet of the plans and station number where stream crossings are located: Please note: The Division recommends all stream crossings be located three (3) feet below the stream bed or ferrous material pipe be specified. In addition,all aerial stream crossings must be located above the 25-year flood elevation. Both the 25-year flood elevation and the 100-year flood elevation should be indicated on the plans. 16. Sewers may not be installed in WS-I watersheds. Are any of the subject wastewater collection systems located in a WS-1 watershed? Yes x No. FORM: GSPSA 02/95 Page 3 of 8 V. . PUMP STATION INFORMATION 1. Pump Station No.or Name: Mint Lake PS (A separate pane 4 of 8 should be submitted for each pump station) 2. Name of closest downslope surface waters: Mint Branch 3., Classification of closest downslope surface waters: WS 3 (as established by the Environmental Management Commission &specified on sheet 5 of 8 of this application). 4. In accordance with 15A NCAC 2H .0219 (h)(3),describe the measures that are being implemented to prevent impacts on downslope surface waters,should a power failure occur at this pump station. NOTE: Alternative power MUST be addressed for every pump station in accordance with the,above regulation. Operational Agreement with Town of Franklin, Town of Franklin has portable power generators 5. What size pumps are provided: 15 GPM; and how many? two 6. What is the design total dynamic head? 70 feet 7 How many pumping cycles will occur at average daily flow? .3 .7 5 cycles per hour. NOTE: 15A NCAC 2H.0219(h)(2)requires 2 tog pumping cycles per hour be achieved at average daily flow. 8. The following items are typically required in the design for pump stations. Check the appropriate blank to signify that these items have been provided in the design plans and specifications: Alternate Power Source X Wet Well Vented with Screen X Fillets in Wet Well X Check Valves and Gate Valves x Security Fencing _ Lockable Wet Well Cover X Area Light X 110V Electrical Convenience Outlet X Flood/Buoyancy Protection x High Water Alarm(one choice may be specified) x Audible and Visual Auto Dialer 9. Summary of FORCE MAIN or PRESSURE SEWER to be permitted,by diameter,length and pipe material: Diameter Length Pipe High Low Minimum Maximum Minimum (in) (linear feet) Material Elevation Elevation Velocity Velocity Cover(in) (ft) (ft) (fps) (fps) 1 . 5 350 PVC 1510 1453 2 .75 5 . 83 36 10. Are air release valves provided at all high points along the force main (must be provided where the elevation difference exceeds 10 feet)? X Yes —No 11.. Is the pump station subject to flooding?_Yes X No. If Yes,what measures are being taken to protect against flooding? 12. If subject to flooding,specify the 100-year flood elevation: Feet MSL r3. Are there existing or planned pump stations downstream of this station? X Yes No. If Yes, the end shall evaluate the ability of those pump stations to adequately handle the subject flows and shall include that evaluation as an attachment to this application. FORM: GSPSA 02/95 Page 4 of 8 Y This form must be completed by the appropriate DEM regional office and included as a part of the project submittal information. INSTRUCTIONS TO NC PROFESSIONAL ENGINEER: The classification of the downslope surface waters(the surface waters that any overflow from the facility would flow toward) in which these sewers will be constructed must be determined by the appropriate DEM regional office. Therefore, you are required, prior to submittal of the application package, to submit this form, with items 1 through 7 completed, to the appropriate Division of Environmental Management Regional Water Quality Supervisor (see page 8 of 8). At a minimum, you must include an 8.5" by I I" copy of the portion of a 7.5 minute USGS Topographic Map which shows the location of these sewers and the downslope surface waters in which they will be located. Identify the closest downslope surface waters on the attached map copy. Once the regional office has completed the classification, reincorporate this completed page and the topographic map into the complete application form and submit the application package. 1. Applicant(specify name of the municipality,corporation,individual,etc.): Mill Creek Country Club 2. Name&complete address of engineering firm: Post Office Box 2259 Asheville NC 28802 Telephone number: ( 704 ) 2 5 2 0 57 3. Projec Water and Sewer Improvements — Mint Lake Villas — Mill Creek �noun 4. Name of closest downslope surface waters: Mint Branch 5. County(ies)where sewers and surface waters are located: Macon . 6. Map name and date: Franklin — 1978 7. NC PrgfmstUffalvEg;ineer's.Seal,Signature,and Date: ,•,���ieels 39IDC9��'e, S ., TO: REGIONAL WATER QUALITY SUPERVISOR ,,.;-_ Please provide me with the classification of the`watershed where these sewers will be constructed,as identified on the attached map segment: Name of surface waters: M"1A Classification(as established by the Environmental Management Commission):. Proposed classification,if applicable: Signature of regional office personnel. Date: S FORM: GSPSA 02/95 Page 5 of 8 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL Required Items a. One original and one copy of the completed and appropriately executed application form. If modifications to the form are required as a result of additional information requests by the Division, the additional information must be transmitted under the signature of the applicant and the actual modification must be initialed by the NC Professional Engineer. b. Two(2)sets of detailed plans and specifications signed and sealed by a North Carolina Professional Engineer. The plans must include a general location map, a plan view of the sewer extension, a profile of the sewer extension, and must show the proximity of the sewer extension to other utilities and natural features. Specifications may be omitted for delegated authorities. Each sheet of the plans and the first page of the specifications must be signed and sealed. Two(2)copies of the existing permit if a modification. The plans and specifications must not contain phrases (such as: FOR REVIEW ONLY, NOT FOR CONSTRUCTION, etc.) that indicate that they are anything other than.final plans and specifications. However, the plans and specifications may contain: FINAL DESIGN -NOT RELEASED FOR CONSTRUCTION. C. Two copies of all calculations, including pump selection, friction calculations, cycle time, pump curves (including system curves applicable with one pump running, two pumps running, three pumps running, etc.), and evaluation of downstream pump stations. These items must be submitted under the signature and seal of the NC Professional Engineer. d. The appropriate permit processing fee, in accordance with 15A NCAC 2H .0205(c)(5). The fee for sewer extensions for nondelegated municipalities is $400. The fee for sewer extensions for delegated municipalities (applies only to those governmental jurisdictions that have specific delegation review authority, as granted by the Environmental Management Commission) is $200. Name changes without other modifications are$100. e. If the owner/authority of the wastewater treatment facility (WWTF) that will be accepting the wastewater flow from this project is different from the applicant of the project, then a letter must be provided from the owner/authority of the WWTF specifying the volume of flow that will be accepted. The letter should be a recent letter and should refer to the project by the same name as that identified on the application and the plans/specifications. f. If the application is being submitted in the name of a privately owned public utility, evidence must be submitted from the Utilities Comnssion which demonstrates that the utility is authorized to hold the franchise for the area to be served. In the case of contiguous service areas, evidence must be provided from the Utilities Commission acknowledging these.areas are covered under an existing franchise. g. A properly executed Operational Agreement(original and two copies-form provided by DEM)must be submitted if the sewer extension will be serving single family residences, condominiums, mobile homes, or town houses and if the subject sewer extension is owned by the individual residents,a homeowners association,or a developer. h. The downslope surface waters classification must be determined by the appropriate DEM regional office,using page 5 of 8 of this form, prior to the submittal of the application package to the Water Quality Permits and Engineering Unit. Once the regional office has completed the classification,page 5 of 8 should be reincorporated into the application package and the entire application package may then be submitted to Water Quality Permits and Engineering Unit. i. A cover letter, which briefly describes the project, should be included with each application package. If necessary for clarity, feel free to include attachments to the application form. Such attachments will be considered as part of the application and should be numbered to correspond to the section to which they refer. j. All materials and fees submitted in support of this request for a permit become the property'of the Division of Environmental Management: therefore, if the permit is not issued for any reason, the Division will return submitted materials only at its option. FORM: GSPSA 02/95 Page 6 of 8 Name and Complete Address of Engineering Firm: McGill Associates P.A. Post Office Box 2259 City: Asheville State: NC Zip: 28802 Telephone Number: ( 704 2 5 2—0 5 7 5 Professional Engineer's Certification: Joel L. Storrow Mill Creek Country Club J I, ,attest that this application for has been reviewed by me and is accurate and complete to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations. Although certain portions of this submittal package may have been developed by other professionals,inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the propo'sed'design. North Carolina Professional Engineer's Seal,Signature,and Date: - rs l� }s'ti+4'4D]gNrliw��"�t4�y�Z°4 Applicant's Certification: I, Scott Fisher ,attest that this application for Mill Creek Country Club 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 are not completed and that if all required supporting information and attachments are not included,this application package will be returned to me a in Ve . Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION PERMITS AND ENGINEERING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA .27626-0535 TELEPHONE NUMBER: (919) 733-5083 FORM: GSPSA 02/95 Page 7 of 8 DIVISION OF ENVIRONMENTAL MANAGEMENT REGIONAL OFFICES (12/94) Asheville Regional WQ Supervisor Washington Regional WQ Supervisor Raleigh Regional WQ Supervisor 59 Woodfin Place Post Office Box 1507 Post Office Box 27687 Asheville, NC 28801 Washington, NC 27889 Raleigh, NC 27611 (704)251-6208 (919)946-6481 (919)571-4700 Fax(704)251-6452 Fax(919)975-3716 Fax(919)571-4718 Avery Macon Beaufort Jones Chatham Nash Buncombe Madison Bertie Lenoir Durham Northampton Burke McDowell Camden Martin Edgecombe Orange Caldwell Mitchell Chowan Pamlico Franklin Person Cherokee Polk Craven Pasquotank Granville Vance Clay Rutherford Currituck Perquimans Halifax Wake Graham Swain Dare Pitt Johnston Warren Haywood Transylvania Gates Tyrell Lee Wilson Henderson Yancy Greene Washington Jackson Hertford Wayne Hyde Fayetteville Regional WQ.Supervisor . Mooresville Regional WQ Supervisor Wilmington Region.WQ Supervisor Wachovia Building,Suite 714 919 North Main Street 127 Cardinal Drive Extension Fayetteville, NC 28301 Mooresville, NC 28115 Wilmington, NC 28405-3845 (910)486-1541 (704)663-1699 (910)395-3900 Fax(910)486-0707 Fax(704)663-6040 Fax(910)350-2004 Anson Moore Alexander Mecklenburg Brunswick New Hanover Bladen Robeson Cabarrus _ Rowan Carteret Onslow Cumberland Richmond Catawba Stanly Columbus Pender Harnett Sampson Gaston Union Duplin Hoke Scotland hedell Cleveland Montgomery Lincoln Winston-Salem Regional WQ Supervisor 585 Waughtown Street Winston-Salem, NC 27107 (910)771-4600 Fax(910)771-4631 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Sung Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford FORM: GSPSA 02/95 Page 8 of 8 SEWER SYSTEM IMPROVEMENTS MINT LAKE VILLAS MILL CREEK COUNTRY CLUB DOWNSTREAM SEWER PUMP STATION EVALUATION Existing Sewer Pump Station -------- 260 gpm @ 150' TDH Existing Service Connections --------- 150 (2 Bedroom Homes) @ 240 gpd/home = 36,000 gpd = 25 gpm Proposed Additional Flow ------------ 30 (1 Bedroom Town Houses) @ 240 gpd/home = 7,200 gpd = 5 gpm TOTAL AVERAGE FLOW --------- 25 gpm + 5 gpm = 30 gpm Pumps required to pump 2.5 times Average Flow (30 gpm) = 75 gpm 75 gpm G 260 gpm Pumps are of adequate size to handle additional proposed flow. Nleele1111IIgl\,,, tE * B3s`ENGINEER •'N //j\I/11II IDH�j6\ l 3650I SESSION READY FOR INPUTGKEX88/MP COMPLIANCE EVALUATION ANALYSIS REPORT PAGE 1 PERMIT--NC0021547 PIPE--001 REPORT PERIOD: 9509-9608 LOC---E FACILITY--FRANKLIN WWTP, TOWN OF DESIGN FLOW-- 1 . 0000 CLASS--3 LOCATION--FRANKLIN REGION/COUNTY--01 MACON 50050 00310 00530 00610 31616 50060 TGP3B 00010 MONTH Q/MGD BOD RES/TSS NH3+NH4- FEC COLI CHLORINE CER17DPF TEMP LIMIT F 1 . 6500 F 30 . 00 F 30 . 0 NOL F 200 . 0 NOL NOL 95/09 . 7153 1 . 86 4 . 0 . 28 3 . 7 6 . 458 20 . 79 95/10 . 8275 3 . 27 5 . 8 . 27 5 . 9 59 . 230 . 82 95/11 . 8174 1 . 95 4 . 0 . 28 7 . 9 9 . 464 14 . 64 95/12 . 7947 2 . 43 5 . 7 . 41 3 . 2 7 . 625 12 . 87 96/01 1 . 0265 5 . 65 13 . 0 . 75 18 . 4 8 . 642 11 . 82 ! _ , )2 1 . 0495 2 . 93 5 . 5 . 37 40 . 1 . 000 13 . 03 . 96/03 1 . 2066 5 . 14 8 . 1 . 35 99 . 3 . 000 13 . 04 96/04 1 . 1246 4 . 32 6 . 5 . 36 28 . 5 . 000 14 . 23 96/05 1 . 1046 4 .48 6 . 2 . 43 90 . 2 . 000 18 . 17 96/06 1 . 1027 7 . 65 8 . 3 1 . 38 34 .7 . 000 20 . 41 96/07 . 8852 11 . 36 13 . 5 4 . 68 38 . 5 . 000 22 . 32 96/08 . 7807 8 . 76 18 . 4 5 . 81 27 . 2 28 . 769 22 . 00 AVERAGE . 9529 4 . 98 8 . 2 1 . 28 33 . 1 10 . 015 15 . 34 MAXIMUM 2 . 0579 36 . 60 74 . 0 9 . 18 5600 . 0 634 . 000 23 . 00 MINIMUM . 3602 1 . 10 2 . 0 . 05 1 . 0 LESSTHAN . 56 TT'ATTT MGD MG/L MG/L MG/L #/100ML UG/L PASS/FAI DEG.C CKRX88/MP 10/23/96 COMPLIANCE EVALUATION ANALYSIS REPORT PAGE 2 PERMIT--NC0021547 PIPE--001 REPORT PERIOD : 9509-9608 LOC---E FACILITY--FRANKLIN WWTP, TOWN OF DESIGN FLOW-- 1 . 0000 CLASS--3 LOCATION--FRANKLIN REGION/COUNTY--01 MACON 00400 00600 00665 00720 01027 01034 01042 01051 MONTH PH TOTAL N PHOS-TOT CYANIDE CADMIUM CHROMIUM COPPER LEAD LIMIT 9 . 0 6 . 0 NOL NOL NOL NOL NOL NOL NOL 95/09 7 . 6-7 . 3 1 . 960 2 . 3300 . 0000 . 0000 . 0000 . 0080 . 0000 95/10 7 . 5-7 . 1 2 . 788 1 . 7300 95/11 7 . 3-6 . 5 6 . 880 1 . 2600 95/12 7 . 2-6 . 0 6 . 800 1 . 4000 . 0080 . 0000 . 0000 . 0100 . 0050 96/01 6 . 9-6 . 4 3 . 110 . 9700 D2 7 . 1-6 . 6 3 . 300 . 9250 96/03 7 . 0-6 . 5 4 . 010 2 . 2500 . 0000 . 0000 . 0290 . 0360 . 0000 96/04 6 . 8-6 . 5 1 . 150 .4400 96/05 7 . 2-6 . 6 . 990 . 3000 96/06 7 . 0-6 . 7 1 . 790 . 3200 . 0000 . 0000 . 0070 . 0060 . 0000 96/07 6 . 9-6 . 6 4 . 980 . 3200 96/08 7 . 1-6 . 8 10 . 775 . 4500 AVERAGE _ 4 . 044 1 . 0579 . 0020 . 0000 . 0090 . 0150 . 0012 MAXIMUM 7 . 600 10 . 775 2 .3300 . 0080 . 0290 . 0360 . 0050 MINIMUM 6 . 000 . 990 . 3000 . 0080 . 0070 . 0060 . 0050 TT*TTT SU MG/L MG/L MG/L MG/L MG/L MG/L MG/L r_WRX88/MP 10/23/96 COMPLIANCE EVALUATION ANALYSIS REPORT PAGE 3 PERMIT--NC0021547 PIPE--001 REPORT PERIOD: 9509-9608 LOC---E FACILITY--FRANKLIN WWTP, TOWN OF DESIGN FLOW-- 1 . 0000 CLASS--3 LOCATION--FRANKLIN REGION/COUNTY--01 MACON 01067 01077 01092 71900 MONTH NICKEL SILVER ZINC MERCURY NOL NOL NOL NOL 95/09 . 0000 . 0000 . 0730 . 0000 95/10 95/11 95/12 . 0720 . 0000 . 1190 . 0004 96/01 J2 96/03 . 0000 . 0010 . 4850 . 0008 96/04 96/05 96/06 . 0320 . 0000 . 0870 . 0000 96/07 96/08 AVERAGE . 0260 . 0002 . 1910 . 0003 MAXIMUM . 0720 . 0010 . 4850 . 0008 MINIMUM . 0320 . 0010 . 0730 . 0004 TTT7TT MG/L MG/L MG/L MG/L 06/30,12006 08:38 8285246456 PAGE 15 WGILL ASS IQTE%P.A. CQNSULTIN133 LNCINIMRS Apri13, 1995 Ms. Carolyn McCaskill, Supervisor North Carolina.Department of Envkoxpmat, Health and 1Nataral Resources , Division.of Environmental Management. . Fern3 tS and Engineering Unit " Post Office Box 29535 Raleigh, North Carolyn$ 27626-0535 RE: Engineer's Certification �t 0 Woman Mill Cheek Golf Club Macon County Dear Ms. McCaskU In. accordance with your'letter•of March 20, 1995, the referenced project has beery completed. 'Therefke, we are•submitting the at"d.Engi n='s CeitiEcation for the project. Please call me if you need additional informAtion.. Sincerely, McGn.L ASSOCIATES,F.A. JOIN T. COXEY,P.E. JTC:mcm Tswosu cc: cottt Fisher, w/e . 91105 CM03..APR F=.IROX 323AaI� Qe nk2v0A0,13TRC=r A13HRVILLM,NG 9000� / 7t]4/I��2-LS'f$ tKA9C7 / A0HW%nL1M,MC 88001 1 •4 ' VM t 'I v Ds _1b4 �Ii11EYL��S' waa j; r#mddns logo pUV`saapBoW.aads pu$suuid AaiddB a ad SM Ja MUM PUN aouatrdawo p3puWgns ulglI&-IlMq a4 cn paAxasgo StA1'rlojgannsuoa arp IMP urns aagan isuoo ag13n uo.IVAnsgo etp uF pose sm aouaft.p pue atsa enp.'saAti qv Amjo asaq azp o7`ivip Gglas haray aatirwad uatat , Jaaford aqa joj ' � [aad F aip p uopnusuoo aQ}(,awn T[n3`£pfaant'�IT��o?zad}ea�asQo azugt��uaag�tl[A8g'6[iF�bl�) quoiq 30 9mS aqi ui aaaal?iza Teuots DJIDJJ paselspai dlnp B ss � Myr `T *GST IT °wqasi CZ990000AL*ON 7 ad 91 39Vd 9sv9v398Z8 8E:89 goon OEf99' 06/30/2006 08:38 82B5246455 PAGE 17 A r PERMIT NAME OR OWN8RSHIP CHANGE FC?RiUI FOR.SEWER SYSTEMS MJ' P1N0CF-S-09/04 Thht—nM be•psro6 0Xk d to use man ftmol t'KAMftr6d In M ywaV. This f+ofm is to be used for tranfetrtng a permit for a sevVerwilem to a new Owner or changing a doanpany name. Sewer permits start Willi a WQ and contain the tarns Sewer eaddrdon or collection system In the perrNt subject field, this farm should not be used far permit&beginhIng with NC,NCG;5W orothar types of non4ewer perk begfr-ft with WQ. 1, REQUIRED ITEM$—PLEASE READ CAREFOLLY,INCOMPLMESS OR OMISSIONS MAY LEAD M DELAYS IN PROCESSING YOUR REQUUT 1. Submit one ai4ginal of this completed and appropriately executed Form. a, Far C change of ownership,the certification must tae signed by both the current permit holder and the new applIcant. b. For a name change•only,the certification must be signed by the applicant. 2. Provide legal documeritbilon of the transfer of ownership or company name.change{such as a contact,deed.,article of Incorporation,approved Board minutes,etc.)for ownership changes, 3, For transfer from*developer to another developer who is seinng loft: a. 5-ubrnit a•properiy exebutedd Operational Agreement(Form DEV 02/03). b. If the'deveioper has already formed a legal Homeowner's Association(HOAj in accordance with on executed Operational Agreement,submit a copy of fhe articles of incorporation,Declaration and Bylaws'that contain the language required by the Operational Agreement. a. For transfer from a developer-to a legally formed arld registered homeowner ar.property owner association{HUA/POA): a. Submit a property executed Operational Agreement(Form HOA 02/03). b. Submit a copy of the Association Bylowtand Declarations that contaln:4he language , regdred by the Operational Agreement. 11. PURPOSE OF'RS_7RANSFER 0 Morn&Change awnelshtp Change Other(lain an sepmalasheeq nI. r1lRREW PERMIT 112ED.R bN Permit number WOW _29" Company name• Permitslgnho ofodd rtarne and title(Currant r1ame on permit), Min address: .C _ State: • C E mail Preboaki" ruwWFteopxwo and Cdaaftn 6"MLink tet7MelSehdaeCer�r.Rrdet FlC2T699-t8t7 DOT4r0CjLCamftaCoealei��lerl�ht 612 M.� Int�rrrat htJlh2nlrIAGJbt�3.U6h1dm An ErM RPpaWtyAM"EwVbvywr 5VA t W*Rn'0%PMt nerpapar 06/30,12006 03:38 0285246456 PAGE 18 FORM PNOMS PACE= IV. EIEW gXNER 111MA71061 . Co n name• . Au ytt))d sigNng of{Icloi name and,title(see iSA NCAC 2H.=6): Main TO.' Ftrx: �rnall- V, CER11 AMORE 1. Currant permittee's Certifi'coriiom' I, Il.-Tho4 attest that this oppiic a ion for narne/ownership change'hm been reviewed and is accumte qnd complete to the best of my knowledge. I undem and that It,all rWiired parts of this application are not completed and that if al vectulred supporting intonnatian and,attachments are not included, this pppfCation package wilt be returned as incomplete. I wand I+gill continue to fse responsbe liar compilcmce with the current permit until a new pern1t li iSsut�d. - altars: Date, (�Y.Z .a 2. Applicant's Cerlificutl'on: I, cftst that this applIcation for name/dwnershlp change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if di required parts of this application are not completed and that if ail required supporting Information and attachments are not included,this opplcation paclwge.will be returned qs Incomplete, nt�ture: .r7ata: THE COMPLETED APPLICAT16N PACKAGE, INCLUDING ALL SUPPORHNG INFORMATION AND MATERIALS, SHOULD BE-SENT TO THE AW NTION 6F MARIE DOKLOVIC AT THE LETTERHEAD ADDI ESS �,*EENC3,�F FQRM PNOCF S 09104*** 06/30,12006 08:38 B285246456 PAGE 19 STATE OFNORTH CAROLMA Ct7EiNTY OF permit NO. Bo11nF1PROP=OVRMS►ORIMAZP :n Ties AGRMDfMRT tztada pimmant to G.S. 143215.1(dl)and entered into this_ ---. _ *of by and between tha 14wth Carolina.Environmental lVlwgemedf Commission,an agency of Me State of North.Carolina,hmrivaftcr known as the.COMMIMSION;and. a ucta pr+oiit corpoiaon organized and e7cisting unft and by virtue of the laws of the State aMorth Carolina;hcrehmftm known�@s the ASSOCIATION. V1 ri mESSETH: 1. T&ASSOCIATION was formed for the ose,Mu , PmP �othm,of f�dung the property,affairs Business of the development kn ovm as (hereinaft the Development);of operating,mnidtaiuing,re-cvastt Ring And repairing tho common � e=cnts of the lands and improvements subject to unit ownership,ioeluding the wastewater collection systeim with peunps,wastewater treatment works,and/or disposal facilities(hereinafter Disposal System), and of collecting dues and assessment to provide funds far such operation,maintenance,re-eonstnwtion and repan: 2. The ASSOCIATION desires,•to conshnot anchor operate aDisposaI System to provide sanitary sewage divoml to serve the Development on said lands. 3. The.ASSOt1rATION has applied to.the COMI OSION£mr the issuance of a permit pur ttt to G.S. 14.3- z15.1 to construct,mfiinta E16 and/or operate the Disposal System., 4. The Development was created subject to emit ownership in the dwellings units,other finprovem�nts and; Lands f hough filing.of a Declarafiaaa ofUnit Ownership(hereinafter Declaration),pmumt to Chapter 4' C or*4?F of the Not&Carolina Oeneral Statutes. S. no COMMISSION desires to assure that the Disposal Systems ofthe Development is properly comtraoled,maintained and operated in accordance with law and permit provisions in order to protect the duality of the waters o f the State and tlb public it Mna thwain.. NOW.TORE,in consideration pf the promises and the benefits to be derived by each of the parties hereto,the COMMISSION and ASSOCIATTON do herebymutually agree as follows: 1. The ASSOtlA.TION snail construct tha Disposal System and/or make any additions or modificahians to the Diepgesl$ystoia in woordmAce with the paramit and plans and;speoifioatiom b=aaftw maned and approved by thb COIvIl MSION,and shall thereafter properly operate and maintain such syste=and facilities in accordance with'applicable permit provktc ws and law. 2. no ASSOCIATION shall provide in#1te X]ecla;ation and Association Bylaws that the Disposal System. and appurtenances thereto are past of Ike common elemew and shall thereafter be'properly npaintained and operawd i7a ganfonnity`wffh law cad the*provfidms of the permit for conslruotion,operation, repair, and mamtenarm of the systems and facilities. The Declaration.and Bylaws s,hall identify the entire wastewater treatment,collection and di q mal system as a common element which will rereivo tles highest priority for expenditures by the Association e=gpt for Federal,State,and local taxes and insurance.. FORM: HOA W03 Page I'of2 06/30;2006 68:38 0285246456 PAGE 20 3: na ASSOt ATION.shalL provide in ft Declaration and.Association Bylaws that the Disposal System wtil be maintained out of tbo Common expenses. In order to assure that thm sIiall be funds readily available to repair,ma�ntnin,or contract tha D4osal.Systcm, beyond the routine operation and mainta=e expenses,the Declaration and Association Bylaws shall provide that a.fund be tmmated out of the common expenses. Such amd loll be separate from the routine maintansnce fund allocated for the faulty and Wxall be,part of the yearly budget. 4, In the event.the common-expense allooWon and sopa3rate funds)are not adequate for the constraction, repair,sud maintenance ofthe Disposal System,the Dwlmz ion and Association Bylaws shall px'ovide fat special wsessmaats to cover such necessary cosh. Thera shall be no limit on the amawl of such assessments,and the Declaration and RyUws shall be provided such-that special assessments can be made as necessary at my time. 5. If a wastewater collection system and wastewater treatment and/oar dispowd facility provided by city, town,village,county,water and sewer authorities,or other tmit of goveramnent shall hereinafter bany ox . avhRable to serve the Development,the ASSOCIATION shall take such action as is necessary to eaTO.1t 1e eXis ft and future wastewater of the Development to be accepted and discharged into.said govemmental system,and shall convey or t3eimsfer as much of the Disposal System and such necessary easements m the governmental Imit may require as condition of=cptau-g the Developmmtfs wastewater, 6. Recognizing that it would be oont=7 to the publie interest and to the public health,safety•and welfare for the AS$OC IATICmT to.enter into voluntary dissolution without having made adequate'provision for the aontimed proper maintenance,repair and operation of its Disposal System,the ASSOCIATION shall provide in the ASSOCIA.TI024 I3y'Iawa that die ASSOCIA71ON shall not enter into voluntary dissolution without first having transferred its said•.system add fAeilfties to some person,corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a p6mlt. 7. The ASSOCIATION sbsll not transfer,cc vey,assign or otherwise relinquish or release its responsibility T'or the opemson and maintenance of its p4sposal System until a permit has been reissued to the ASSOCIATIOITS successor. 'r 8, The agm merits set forth in numbered paragraphs 1,2,3,4,5,6,and 7 above:shall be conditions of any pemut issued by the COMMISSION to the ASSOCIATION for the construction,Ynniptmme,repair and opmu ion of the Disposal System. 9, A copy of this agreemmt shall be fled at the Register of Deeds in.the County(ies)where the Declaration is tiled and is ft offices of the SOMMY:of State of North Carolina with,#be Articles of Incorporation ofthe . Assouxaticrl. - . IN WrIMSS WHEREOF,this agreement was exemded in duplicate originals by the duly outhorl2el representative,of the parties•hereto on the day and year written as indicated by each of the parties named.below: FOR •mrv�a 0NMWTAL MANAGEMENT'COMMISSION Nam of ASSOCIATION Ev: Alan W.Rlim*P'.E.,Director (Signpttli e) .. Division of Water Quality Print Nme and Title — - FORM: IlOA 02/03 Page 2 6f2 06/30,12006 08:38 8285246456 PAGE 21 (Date) (Bate) FORM; HQA 02M3 Page 3 of State of North Carolina Department of Environment, Health and Natural Resources A • Division of Environmental Management ' James B. Hunt, Jr., Governor 10 Jonathan B. Howes, Secretary p E H N F1 A. Preston Howard, Jr., P.E., Director - 9 February 18, 1994 Mr. Scott D. Fisher, Vice President NEAR 19% Mill Creek Country Club P.O. Box 848 ;°E e-I n.a °,°�,�'i�!A, �! Franklin, N.C. 28734 �E� Subject: Permit No. WQ0008825 Mill Creek Country Club Mill Creek Golf Club Sewer Extension Macon County Dear Mr. Fisher: In accordance with your application received December 21, 1993, we are forwarding herewith Permit No. WQ0008825 dated February 18, 1994, to Mill Creek Country Club for the construction and operation of the subject wastewater collection 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. 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 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 Mr. Ray Cox at(919)733-5083. Sincerely, / A. Preston Howard, Jr., P.E. cc: Macon County Health Department sh 'rR , na + tce McGill Associates P.O. Box 29535, Raleibh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper µ� 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 Mill Creek Country Club Macon County FOR THE construction and operation of approximately 1,724 linear feet of 8 inch gravity sewer to serve ten homes in Mill Creek Golf Club and the discharge of 4,800 GPD of collected domestic wastewater into the Town of Franklin's existing sewerage system, pursuant to the application received December 21, 1993, 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 Town of Franklin 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 C I 7. Upon completion of construction and prior to operation of this 1,,,-mitted 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 Asheville Regional Office, telephone number 704- 251-6208 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 Mill Creek Country Club and the Town of Franklin 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 r Permit issued this the 18th day of February, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Presto"oward, Jr., P.E., Director ./ Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WQ0008825 3 Permit No. WQ0008825 February 18, 1994 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 4 b - STATE OF NORTH CAROLINA Permit No. LJ ' ap,� COUNTY OF WAKE OPERATIONAL AGREEMENT THIS AGREEMENT made pursuant to G.S. 143-215.1(dl) and entered into this /7"Ll day of /:)F_CF/r0,5iZ 19 by and between the North Carolina Environmental; Management Commission, an agency of the State of North Carolina, o - = hereinafter known as the COMMISSION; and; M,N Crz�F k Cry��� C lya 0�PkAp c iihl a corporation/general partnership%) _ registered/licensed to do business in . the State of North— Carolina, ' � Carolina, hereinafter known as the DEVELOPER. WITNESSETH: L 1. The DEVELOPER is the owner of certain lands lying in - M)+COA) County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as V.•I1 CI?Ert C wwtA4 ('/& (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 G.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. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time f filing of the Declaration, the �l( C2�r�c -1)avorz,2Eg OwAAar cc., (hereinafter Association) a non-profit (Unit Owner A sociation) corporation organized and existing• under and by 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 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. Il �2 4 ' Ie ' NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMV41SSION and DEVELOPER do hereby mutually agree as follows: 1 . 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 facilities 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 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. 4 . 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. 5. 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. 6. 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 a -3- 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 a condition of accepting the Development's wastewater. 7. 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. 8. 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. 90 The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 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 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 L4 ��v6 dJ-ZA�c�lu MANAGEMENT COMMISSION ;� Name of Developer/Company . Gaoam - Wit+, Director SiMTarfuri Division of Environmental Management /' 17, 199 (Date) Print Name and Title /7. 53 (Date) FRDM :MILL CREEK _ FAX NO 'B28 349, ov. 07 2005 09:05AM P3 _,.. *„•r:7 -ro: :?r•:. ar:Ce4•c•7 nr• m: _ Ate.',.,_., 4pa::u• :rVAV-i �}l} ,• McCULL ASSC1Ce1ATE%PLC#* CONSULTtNO ENGINMERrz A*& Juno 2% 1995 North Carolina Department of Health and NMral Resources D1 9ton of Brlvironmontal Management Permits and EnglnOCidn'g Unit Past Office Box 2M5 Raleigh, North Carolina 27 -0556 FIE:• -Permit No.W00005930 Mill Creek.Galf Club Macen County Please find aftched this Engineer's Certification for the referenoed project, Please advise 9 further infefmatlon is required. SIhcEYrely, .. . MoNI-L ASSOCIATES,P.A. JOHN T, QOXEY, P.E. JTC:pj Enclosure cc: Scott Fisher. ncdehnr.28 , pp,emc esr�sa �dtt�:zea-[i®7� oi3 caRANWK STREET ASIi�1/ILLL�y1VQ 88Q� ! 704/252-01 m CAAXI �. AINHEVILLM,NC 0813139 06/30/2006 08:38 8285246456 PAGE 09 r: Wta ILL ASSOCIATES,PLA. c0hisUvri1VC r=N1AINEEPR!3 June 29, 19M North Carolina Department of Heafth and Natural Rewurces jDivision of ErNlronmental Management Permits and Engine6drig Unit a . Post Office Box 29535 Raleigh, North Carolina 2762MEUM RE; Permit No.WOODO5936 Mill Creek Goff Club Macon County Gentlemeh; Please find attached the Engineer's 00nificatl6n for the referenced project. Please advise If further information is required-' Sincerely, -McG1LL ASSOCIATES, P.A. JOHN T.COXEY, P.E. < JTCI.Jlj Enclosure cc: Scott Rsher 91105 nodehrm28. a P.U.PDX BGeSH 7f$+S/,^LEA-QS7S *0 CIRAFY00 UTRZOT ASNEVILLF,NC P.138Q8 704/2Sg-12S9Q WAXY � ANNEVILLE.NC 08 -ry i . - r" ML i q 1gSPax pm zaulugcka D M=sgns up VI&li}aq oq of p*A=go saes,u¢man ��gons uow�am jo unnu�uasgo aqi try pasn-s-i&=22EV pm=3 onp asapq. M,@m jo xsaq OT 031 s Lq=q wt?'=sg ugrt� N 9oafa1d C.a ' ford fir[ 3o wms Olp u;=uiSua reaoisAVl -idO° papa ft Slup-8 su 'Y Z66i 'OZ� 996.5000WA'ON i n 0Z 39VcJ 99b9-P398Z8 BE:80 9006/0Ef90 06/30/2006 08:38 8285246456 PAGE 11 �wAr PERMIT NAME OFF OWNERSHIP CHANGE FORM FOR.SEWER SYSTEMS a ^� FORM PNOCI-S 09104 . Tntet�rrn rrl�r beplrotrxaapl�i���art ori�nsl I?ut r�art to arpryy�y, jt fit Is to be used for tranftring a peerrriit for a sm=MmWm to a new owner or changing a company name. sewer Pe mNs stoat with a Wes!and contain the rums sewer extension or r olleckn*tern in the permit sub)ecl field. This form should net be used far permlls beginrftrrg with NC.NCG:SW or other types of nw-sewer permits bednningt Mth WO, 1. REQUIRED ITEMS^PLEASE READ CAREFULLY.INCOMPLETENESS CAR OMISSIONS MAY LEAD TO DFLAYS IN PROCESSING YOUR REQUEST. I. submit one original of this completed and appropriately executed Form. a. For a change of ownership,the certification must be signed by both the current permit holder and the new applicant. b. For o name change,only,the certification niust be signed by the applicant. x.. 2. Provide legal documeritatlon of the transfer of ownership or company name change (such as a conWct,deed,article of incorporation,approved Board minutes,etc.)for ownership changes. 3. For transfer from a developer to another developer who is selling lots: a. Submif a.properly executed Operational Agreement (Farm DEY 02/03). b. V the developer has already formed a legal Homeowner's Association (HCiA)in accordance with an executed Operational Agreement,svbrl'1it a copy of the articles of incolporatlon,Declaration and Bylaws that contain the language required by the Operational Agreement. 4. For transfer from a developer to.a legally formed anq 6egWered homeowner or property owner association(HOAIPOA): a. Submit a properly executed Operational Agreement )Form HOA 02 O3). b. Submit a copy of the Association Bylaws and Declarations that contain the language required by the Operational Agreement. II. PURPOSE OF THIMIRANSFER C1 Name Change Ownerst•14p Change 0 Other(explain on sutra sheet) lII. CORREMPE-111MITINE99MN Permit number: WQW C.arn a ncune• ; Permit signing official name and the{current narrge on permit]: Mdlng address: O C11T. State. • �' . Ii : il7'9 Fax: �C3 E:mail; .Pmtn nl,enawr►cy kewmw and Cdkzam Systerm unit���y+J,•, 1617 Mall Sdrvlce Cwftr,W09h,NC 27899-1617 ly a CarolVia C&AerJQffimot:512 N.Salisbury Street.Sulib 13R4,Raralgtr,NC 270M Tetephom(019)723-5= Fax(919)733 g lrftwt htWAh2n err.nast9&u lndpr, An EqualOppodu*A WnEwplayer 59%reWdAdv',0%pw rP%-a 06l30;2006 08:38 32B5246456 PAGE 12 FORM PNOCF-S PAGE 212 IV. NW MtJERINAME INFORMMONN _gompgny name: Authorized s gr iing offdclt name and.titre{sea I5A NCAC 2H.02061' McOng address: cmy; $fate. Tel. Fax• E maSY V, GEFMFICA119AN i. Current Perrniffee's Certification: attest that this applcation for nornejownership change'hcn been reviewed and is accurate and complete to the best of my knowledge. I understand that If-all required parts of this application are not completed and that It all required supporting information and affac-hrnents are not included, this gpp>ccrflon package will be returned as incomplete. I undersiand i will continue to be responsible for compllar,ee with the current permit until a new permit b issued. S nature: Date: " .C7 2. Applicant's Cerfif cation: 1, attest that this application for name/ownership change has been reviewed and Is accurate and complete to tha best of my knowledge. I understand that if all required parts of this application are not completed and chat If call required supporting information and attachments are not included,this application package will be raiurned as incomplete. Si rttrltlre: Pat$: "IHE COMPLETED APPLICATION PACKAGIr, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,SHOULD BE SENT TO THE ATTENTION OF MARIE DOKLOVIC AT THE LETTERHEAD ADDRESS '**END OF SORM PNOCF-S 09/04' 06/30;2006 08:33 8285246456 PAGE 13 STATE Olt NORTH CARt3LMA COMO- QF - Fa-mit No. HC ROPERTM Q't7VNERS'QPERA QT\JAL A� This AMEMMS7 made pursuant to G.S. 143-215.1 (d1)and:entered into this day of T ,by and between the North Carolina Environmental Management Commission,an agency of the State of North Caaoli>aa,hereinafter Imown as the.COMMISSION;and. a non-profit corporation organized and existing=der and by vittue of the laws of the State of North Carolina,hereinafter known as the ASSOMT10N. 1. The ASSOCIAUON Was farmed for they purpose,among others,of bandling the property,affairs and °> business of the development known as (hereinafter the Development);of operating,maintaining,,re-constructing and repairing the common elements of the lands acid iniproveanents subject to unit ownership,i»cluding tho wastewater collection system with pumps,wastewater treatment works,and/or disposal facilities(hereinafter Disposal System), Md of collecting dues and assessment to provide ftmds for such operation,maintenance,re-construction and repair. 2. The ASSOCIATION desires,to wnstruct and/or operate a Disposal System to provide sanitary sewage •disposal to wue the Development an said lands. 3. The.ASSOCIAT 10N has appliedto the COMMISSION.foal the issuance of a permit pursuant-to G.S. 143- 2 is.1 to constract,maintain,and/or operate the Disposal System, 4: The Dcvelopzm!mt was created subject to unit ownership in the dwellings units,other i;nprovetmcnts and lands through fift.of a Declaration of Unit Ownership(bereinafter Declaration),ptrrseiant to Chspter 476 or 47F ofthe North Carolina.General Statutes, S. 7Ue COMMISSION desires to assure that the Disposal System of the Development is properly. constmcted,mindained and operated in accordance with law and permit provisions in order to protect the duality of the waters of the Sta#,e and the public interest therein. NOW,THMEFORE,in consideradon►gf the promises and the beuefiits to be derived by each-of the parties hereto,the COMMISSION and.ASSOCIATION do herebypintapaly agree as follows- 1. The ASSOCIATION shall const'ruet the Disposal System and/or m*o any additions or modifications to the Disposal Systq�n in accordance with the perit h and plane and apecifacatio=hereafter issued axed approved by the COMMSION,and shall thereafter properly operate and maintain such syste=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 pant of the common elements and shall thereafter be'properly maiutaxned and operated in Tn.fbrmity'with law and the provisions of the permit for constriction,operation,repair, axed maintenanco of the system and facilities. The Declaratiati.and Dylaws shall identify the entire wastewater treatment,collection ard disposal system as a common element which will receive the highest priority far espenditnres by the Asweiation except for Federal, State,and local taxes and iumnm ce.' FORM: HOA 02/03 Page l of 2 06130,12006 08:33 B285246456 PAGE 14 3. The ASSOCIATION shall provide in the.Mecla ration 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 Dispasal•System beyond the routine operation and maintenance expenses,the Declaration and Association Bylaws shall provide that a fond be created out of the common expenses. Such fund stroll be separate from the routine mainten%ace fired allocated for the facility and shall be part of the yearlybudget. 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 sbAH 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 couection system and wastewater treatment anchor disposal facility provided by any city, town,village,county,water and sewer authorities,ox,other unit of government sbAH homer become ,. available to serve the Development,the ASSOCIATMN shall take such action as is necessary to cause e existing and future wastewater of the Development to be accepted and discharged into.said 9o"r=QUt9 system,and shall convey or tMnsfer as much ofthe Disposal.System and such necessary easements as jl]b 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 ptuvision for tlae continued proper maintenance,rep*and operation.of its Disposal System,the ASSOCIATION shall provide in the ASSOCIAT3ClN Bylaws that the ASSOCIATION shall not enter into vohirxtary dissolution without first having transferred its said system and facilities to some person,corporation or other entity acceptable to and approved by the COM IISSIQN by the issuance of a permit. 7. The ASSOCIATION shall not transfer,ccmvey,assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has•bmn reissued to the ASSOCIATION'S successor. S. The agreements set forffi in numbered paragraphs 1,2,3,4,5,6,and above shall be'c6nditions of airy permit issued by the CO�8=10N to the ASSOCIATION for the cons#uction,haalMonance,repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Dee&in the County(ies)where the Decl ration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WUNESS WHMOF,this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicaf d by each of the parties named below- FOR 11M 73RONN=AL MANA.GENMNf CONMSSION' Name of ASSOCIATION Alan W,Klimek,P-E.,Director (Signature) Division of Water Quality Print Name and Title FORM: RDA 02103 Page 2 oft Water QuzRl� MAY 7 7 l`c' VII ~"" j oeville Regional OH* }1�ltevilie, North Carolim State of North Carolina Department of Environment, Health and Natural Resources_ Division of Environmental Management 512 North Salisbury Street•Raleigh,North Carolina 27611 James G Martin,Governor George T.Everett,Ph.D Director William W.Cobey,Jr.,Secretary May 20, 1992 W.Richard Ross,Owner Mill Creek Golf Club Owners Post Office Box 848 Franklin,North Carolina 28734 Subject: Permit No.WQ0005936 Town of Fmnklin Mill Creek Golf Club Sewer Extension Macon County Dear Mr. Ross: In accordance with your application received December 12, 1991, we are forwarding herewith Permit No. WQ0005936 dated May 20, 1992 to Mill Creek Golf Club Owners for the construction and operation of the subject wastewater collection 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. If any parts,requirements,or limitations contained in this permit are unacceptable to you,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 150B of 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. Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919n33-2314- 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 \ An Equal Opportunity Affirmative Action Employer One set of approved plans and specifications is being forwarded d to You. if you need additional _.formation concerning this matter,please contact Mr.John yffi our atSincerely, George .Everett cc: Macon Gounty,�iealth Department Ashe c Regaol :__ ce McGill Associates,P.A. 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 Mill Creek Golf Club Owners Macon County FOR THE construction and operation of approximately 6,644 linear feet of 8 inch gravity sewer to serve Mill Creek Golf Club and the discharge of 12,750 GPD of collected Domestic wastewater into the Mill Creek Golf Club Owners existing sewerage system, pursuant to the application received December 12, 1991, 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 Town of Franklins 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 Upon completion of construction and prior to operation f his permitted tted facility, a cerhas been cation must be received from a professional engineer certifying Pe installed in accordance with this permit and the approved plans and specifications. Mail the Certification to the 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. in ttee 9. Failure to abide by the conditions and limitations Management elm t n acc danectce with North to an enforcement action by the Division of Environmentalg Carolina General Statute 143-215.6A to 143-215.6C. and all 10. The issuance of this permit does not precludethe Permittee wee posedby o°her go gover with nment agenc es statut00cale state,and federal)which have ations, or ajnces which urisdiction. y 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 Asheville Regional Office, telephone no. 704/251- 6208 as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or fast knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps,line blockage or breakage,etc. 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 of asteween atelli�full force k Golf Club effect. ners and Town of Franklin for the collection and final treatment ement 14. The Operational Agreement between the Pew is a condition of this Permitte and the •Noncmpliance Commission is incorporated herein by reference with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. 2 . Permit issued this the 20th day of May, 1992 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION George T:Z ett,Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WQ0005936 3 Permit No.W00005936 May 20, 1992 ENGINEER'%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 for the Project, 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-the approved plans and specifications. Registration No. Signature Date 4 STATE OF NORTH Cp,ROLINA Permit No. COUNTY OF WAKE '� _y• •r r1 OPERATIONAL AGREEMENT THIS AGREEMENT made pursuant to G.S. 143-215.1(dl) and entered into this ,2o day of AW i 19 9L. by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter - . kr�pwp- as the COMMISSION; and Mill Creek Golf Club of Franklin, Ind, a corporation/general partnership reg� i"is red/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of certain lands lying in Aeoce 4/ County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as &/,I(/e2"4 Q•td C"6 (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 G.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. 5. The DEVELOPER has caused to be formed or will cause to be formed at,the time of filing of the Declaration, the Mild Creek. Estates Property OWner�hereinafter Association) a non-profit (Unit Owners Association) Assoc. corporation organized and existing under and by 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 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. s -2- 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: 1: 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 facilities in accor,aance 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 etO the Associationlation. The Bylaws and request must include a copy Declaration. 3 . The DEVELOPER 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 r expenditures 1 nditur s by the Association e except for Federal, State and 4. 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 from the routine maintenance allocated for - the created t Of eion p enses. Such f und shall be separate facility and shall be part of the yearly budget. 5. In the event the common expense allocation and separate fund are not adequate for the construction, repair, nd and maintenance of the Disposal System, 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. 6. If a wastewater ' collection system and wastewater treatment and/or disposal facility provided by any city, town, of village, county, water and se be omeho a ailabler to h servelt the government shall herein i _3_ DEVELOPER shall take such action as is necessary Development, the to cause the existing and futurwasa d agovernmentall system; tand be accepted and discharged into shall convey .or transfer as much of the ent 11 nit mays require as such necessary, easements as the governm the Development' s wastewater. condition of accepting � it that public would be contrary to the p 7. Recognizing safety and welfare for the interest and to the public health, dissolution without having Association to enter into voluntary made adequate provision for Dthe Pas continued st m, the DEVELOPER shall repair and operation of it transferred provide iot n the Association Bylaws ' on without first having n shall n enter into voluntary dissolute person Icorporation or its said system cceptable tol and s to approvedeby the COMMISSION by the other entity issuance of a permit. assign or 8, The DEVELOPER shall not transfer, convey, for the otherwise relinquish o e ofl its e responsibility Disposal System until a permit operation and maintenanc has been reissued to the DEVELOPER' s successor. The agreements set forth in numbered paragraphs 1, 2 ► 9. permit 31 4, 5, 6, 7 , and 8 above shall be conditions of any issued by the COMMISSION to the DEVELOPER of the Disposal Systemtruction, maintenance, repair and operation er 10. A copy of this agreement shaDeclaration is filed l be filed at the eand tin of Deeds in the County(ies) where the the offices of the Secretary of State cation North Carolina with the Articles of Incorporation of the A IN WITNESS WHEREOF, this agreement pesentative was ted in of the duplicate parties originals by the duly authoriz representative by each of the hereto on . the day and year written as parties named below: IIi, INN- �,,'(EK GULF CLUB_PF FRPsI FOR THE ENVIRONMENTAL Name of Developer/Company MANAGEMENT COMMISSION George T Everett Directo SiAatur Division of Environmental Management President J. Warren Hughes, Z� Print Name and Title Da e) May 13, 1992 (Date) 08/30,12006 08:38 8285246456 PAGE 04 1V WILL ASSOCIATES,PLA* . t2ormu `r'wo r3NIZINEFER3 August 7. 1990 Mr_6ottald Safrlt. P.E. permits and Endineering Unit i. North Carolina Department of Environment ' Heil h and Nagel Resources - Post Office BoX 276137 A Raleigh, North Carolina 27611 RE: Permit No.WOM-1.162- M111 Creek.Golf Club Macon Odunty Dear Mr.Safrit: This letter is to certify that the above referenced project has Wen constnxted'and completed in accaldance with the approved plane and specifications. please notify this office if additional Information Is required- Sincerely, McGYLL ASSOCFA7�.., P.A. JOHN T.COXEY, P.E. NOiT-1-t-CAROLINA REGISTRATION 7293 JTC/dry" cm CARD 501 7 93ti�M � ~ c,« r b *"loss" Z PA 8QX�i!!SS 7Q4/�6E�0676 rJ S® ORAP020 67RL197 pS,{�v1LLE,NC 29m109• 70A/�=Se��`311�[�A7[� / A6FIEVILLt'y ryG�960f 06l30;2006 03:38 82BS246456 PAGE 05 vary PERMIT NAME OR QWNERSHiP CHANGE FORM FOR.SEWER SYSTEMS FORM PNOCF-S 49104 . 7ttstbtm ttptybe-piWhx�ptedlarttsa�senlf tlt�noteuerectit�rlyway. This ft5rrrt Is to be used for tram erV a permit fdr a oL swlem to a now owner or dhwV1lV a company rterne. Sewer' perrdis start wild a WGi and contain the teams Sawa extension or Qol aon system in the Porn*subject field 'ibis Norm should not be used for pmMis beginning wtm NC,NCG,SW err atfwr types of nonseww permits beghnhg with WQ, 1. RIgUIRED ITEMS—PLEASE BEAU CAREFULLY.INCOMPLETENESS OR OMISSIONS MAY LEAD TO DELAYS IN PROCMING YOUR REQUEST. 1. Submit one original of this completed and appropriately executed Form. a. For a change of ownership,the cerlificotion must be signed by both the current permit holder and the new applicant. h, for a name change•only,the certification must be signed by the applicant. ..: 2. Provide legal doctlmehiation of the transfer of ownership or company name change(such as a contract,deed,article of tncorporafton,approved Board minutes,etc.)for ownership changes, 3, For transfer from a developer fo another developer who is selling lots: a. Submit a•properly executed Operational Agreement{Form DEV 02f03). b. It the developer has already formed a legal NQmeawneir's Association(HOA)In accordance with an executed Operational Agreement,submit cl copy of the articles of incorporcition,Declaralon and Byk ws'lhaf contain the language required by the operational Agreement. 4. For transfer from a developer to a legally formed anerf registered homeowner or properly owner casodptlon(HOA/FOA): a. Submit a properly executed Operational Agreement(Form HOA 02J03). b. submit a copy of the Association Bylaws 4nd Deolarations that contain the language required by the Operational Agreement. IL PURPOSE OF IBIS TRANSFER._ blame Change W Ownership Chance 0 01W(explah on sepprote sheet) 111. CURRENT PERMIT INFORMATit?N Permit number. 'WC,10d �v Gdm name- ; Permit signing official name and title(ctxrenl name on permit): M addrers: -P o. C StorteF: . C.' Tel- E-rr�al{- • •PreftaaTment E.rr19t esrd CClead>an Syatatrw unit 1017 FAO# Center,i .NG 27MD-181T 1y Caro Una Cmmladright-512 N.6diehuY 81204 Sutter 1304,RWdbt%NG 2'7W4 �tlt �Intmet ht n vj a rats(e1e)7 c,n a mfmner ral�olna.e�.tm�.r &d An Equal OWatudVAA011MMplo"r W%raweiedtlp'%Pomt—minarpapm 06/30,12008 08:38 8285246456 PAGE 06 FORM PNOCF-S PAGE 712 IV. hIgN OWNER OWNER&IME IN Corn an name. Authorized signing official name andfitte(see 15A 14CAC 2H=6): Maili address: �• Stute: � . • Tel:. �: �-mail• . V. CE MICATI{}NS i. current Pertniffee's Certification: I, �� ):j s `rz attest that this applica rsn far name/ovrnershlp change has been reviewed and is accun3fe and complete to the best of my to mMbdge. i understand that it ail required parts of ibis application are not completed and that if all requred supporting information find'attachments are not included, this cipplcatlon package will be refumed at incomplete. I understand I vA[continue to be responsible fbr compliance with the current permit untl a new permit is issued. ' Date: 2. Applicant's Certification: attest That this application for'name/ownership change has been reviewed and Is accurate and complete to 'fn6 best of my knowledge. I understand that if all requlmd parts of this application are not completed and that if all ragvlred supporting information and attachments are not included,this applcafion package will be returned as incomplete. .Date: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BEUNT TO THE ATTENTION OF MARiIE DOKLGVIC AT THE LETTERHBAD ADDRESS ***END.OF FtDRM PNOCF-S 09/04*** 06/30l2006 08:38 828524645E PAGE 07 STATE orNORTH CAR0LINA• . Oo1 o]F permit No. T11is AGIOEMENT made purmmA to G.S.143 215.1 (d1)and entered into tws day of by and between the North Carolina Euviromnental Mar aSex 0nt Commission,an aganay of the State of North Carolina,hhahavivaft known as the.COMMIISSION;and. a profit owporation oigmiwd and cxistuag order and by virtue of the laws of the State of North CarolinN hereit>*er knmm as the ASSOCIATION. Wf.CNFSSL�H:• 1. The ASSCCTATION was formed for the purpose,among others,of handling the property,aII''*,s and budu6ss ofthe devclop=ent known as *eider the Development);of operating,mai�ataining,re-consbttcting and repairing the cos nos elements ofthe lands and improvements sabyea to unit ownership,i ncluding the wastewater collection system.with pumps,wastewater ttestmcnt works,and/or disposal facilities(bereinali ar Disposal System); and of Wlwting duce and assessment to Wvide funds fair such operation,rnaiutmance,re-construction and repair. 2. The ASS OCIA ITON desires;to construct auftr operate a Disposal System to provide sanitary sewage disposal to save the Development on said lands. 3. The.ASSOCIATION has appliedito-the COMMISSION ficelhe issuance of a permit pursnaut•to G.S. 143- 215.1 to crmstrua,rm6ntain.and/or operate the Disposal System.. 4. The Developrneut was created sttilj eat to unit owm.mhip in the dwellings units,other improvements and lands through i"iling.9f a Declaration of Unit Owneiship 0wrainafter Declaration), ant to.Chapter 47C or 47F of the North Cmrwa t'rcnerd Statutes. 5. The CoNi11msioN desires to assure that the Disposal System of the DevelopmeM IS properly emauucted,mainWned and operated in acoordance'%Ith law and permit provisions in order to protect the quality of the waters of the State and the public bt�rest tiaexeixr.. N'OW,TBRPJWORB,in consideration of the promises and the b=eft to be derived by each of the paxties hereto,the CONAVII: SION and ASSOCIATION do herebypmtwlly agree as follows: 1. The ASSOCIATION shall covstract ft Disposal System and/or make any additions or modifications to the Mpomd Syetero in socordxmae wit$the permit and pXans and epeoifications liereaflsr lasued and appmved by tha COMMISSION,and shall thereafter propedy operate and maintaan such systems and facilities in eacordance with applicable permit provisions and law. 2. 'The ASSOCIATION shah provide in the Declaration and Association Bylaws that ttie Diiposal System. and apputtenames thereto are part of-the common clam=%and shall•thmeafter be'properly MAntained and operated in cpnformxtywvith law=d the providons of tho permit for construction,operations,reparir, d.ma intenance of the syst=and facilities. Ito Deolarat ion and Bylaws sball identify the entire wastewater treatment,collection and disposal systeM as a.commm+element which will receive the bigbest priority for expenditures by the Agsocladiom except fox Federal,'State,and local taxes and iasumuce. FORM: HOA 02/03 Pap 1 of 2 06I30;2006 88:38 B285246456 PAGE 08 3. The ASSOCIATION shall provide in&ODeclaration and Association Bylaws that the Disposal.System will be maintained out Of the common eatpenses, In order to U=e that`there be funds readily available to repair,maintain,or construct the Di*sal,SyA=beyond the routine operation and maintenat]ce expenses,the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund"be separate from the routine maintenance faked allocated for the facility and shall be part of the yearly budget. 4, In-the event the aornmon.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 covet'such necessary costs. There shall be no limit on the amount of such assessments,and the Declaration and BylMs 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 disJ,aosal facility provided by any city, town,village,county,water and sewer authorities,or other unit of government shall hereinafter becomg zvoable to serve the Development,the ASSOCIATION shall take such action as is necessary to causgrtha emoting and future wastewater ofthe Developmeat to be accepted and discharged into,said govftnmental system,and shall convey or transfer as much of the Disposal System,and such necessary easements as.the govemmental unit may require as condition of accepting the Development's wastewater. 6. Recognizing that it would ba contrary to the public interest and to the pub He health,safety and welfare for the ASSOG` ITON to.enter into voluntary dissolution without having made adequate provision for the continued proper waintenance,repair and operation of its Disposal System,the ASSOCIA.'ITON shall provide in the ASS CIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without fast having transf=04 its acid.system and facilities to some person,corporation or other entity acceptable to and approved by the COTSION by the issuance of a permit, 7. The ASSOCIATION shall not trapper,cmveq,assign or otherwise relinquish or release its responsibility far the operation aad maintenance.of its Disposal System until a permit has been reissued to the ASSOCMUC WS successor. S. The agreetnents set forth in nmubered paragraphs 1,2,3,4,5,6,and 7 above shall ba•conditiont of any permit issued by the C&M SION to the ASSOCIATION for the construction;rnaintcnance,repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the Couuty(ies)where the Declaration is filed and in the offices of the Secrctmy:of State ofNorth Carolina with tho Articles of hicorporatinn of the Association, IN WITNMSS WHEREOF,this agremneut was executed an duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties tamed below: FOR TBE'M VIRONIVMENT.AL MANAGEMENT CON MISSION Dame of ASSOCIATION Alan W.Klimek,P.E.,Director (Si�atare) Division of Water Quality " Print Name and T1itl e FORM: HOA 02103 Page 2 of2 ZEKDER-comPLE.TE THis sEcTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature - item 4 if Restricted Delivery is desired:• _ b Agent ■ Print your name and address on the reverse J�,. ❑AddresseE so that we can return the card to you. B. RAcet'v d-by-(Printed ame) ; C.! ate o Delivep ■ Attach this card to the back of the mailpiece, @• - ;' I r: s 10 or on the front if space permits. D. I eltver aadres§different from+it hi 5 Yes 1. Article Addressed to: I(YES,enter OE ery ad)dress-bleloW:' ❑ No 3. �Se�1ii e Typ I"!" I rtified Mail ❑ Express Mail ( -O--Registered_ Return Recq'ipt for Merchandisf t 1 0-Insured Mal ❑C.i7.D. 4: Restricted Defivery7(Fxi[a ,ee) [I Yes 2. Article Nur` (rransferfi 700E 0390 0001 3552 8909 PR Fnrm 2811-FebruarJ,2004 Domestic Return ReceiptcV r —ot-)I) p�to25s5=oz- UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 21-ENDER: COMPLETE THIS SECT10N COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Fpceived by,(Printed,Name) C.Da a of eliven ■ Attach this card to the back of the mailpiece, ^� j��, \-�! Z or on the front if space permits. D. Is delivery address di"ent from'item 1? ❑ es 1. Article Addressed to If YES,enter delivei�ddress belgw: No w I 01) I fSt Clrf 3'it'n a:rcill.N.va!.3S:e'nTi;-tr-Tail O� :.:,-;,r vi�:, ,,.e r ;•.,p• ,. 3.pece Type ertified Mail ❑ pressMale Registered turn ReCei t for Merchandise 9 P ❑Insured Mail C.O.D.' . 4. Restricted Delivery?(Extra Fee) ❑Yes ArticleNurr 7005 0390 0001 3552 8886 ^I (rransfer fr e. )S Form 3811.February 2004 Domestic Return Receipt/ J O j) f1 A02595-02-M-1541 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS 111111 Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • lillifill I Ill It lilt Ill 111111 fill 11 1 1 1