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HomeMy WebLinkAboutWQ0029962_Regional Office Physical File Scan Up To 8/14/2020OFWATFR � r J S ykyk. h c�nritwNww.t: Mr. J. Wilton Graves, President Graves Development Corporation Post Office Box 6 Waynesville, North Carolina 28716 Dear Mr. Graves: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville October 7, 2008 Subject: Permit No. WQ0033465 Graves Development Corporation Cold Mountain Development Wastewater Collection System Extension Construction Only Haywood County In accordance with your application received on September 8, 2008 and subsequently resubmitted on September 22, 2008 we are forwarding herewith Permit No. WQ0033465, dated . October 7, 2008 to Graves Development Corporation for the construction 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein.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 incorporated therein by reference. Please send Roy Davis a copy of the contractor's "notice to proceed" for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .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 the North Carolina -licensed Professional Engineer named 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. Asheville Regional Office 2090 US Highway 70, Swannanoa, NC 28778 Internet www.ncwaterquality.org Telephone (828) 296-4500 Fax (828) 299-7043 DENR Customer Service Center An Equal Opportunity Action Employer Telephone 1 800 623-7748 One NorthCarolina 50% recycled/10% post -consumer paper Adllra//y Graves Development Corporation October 7, 2008 Page 2 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 Graves Development Corporation to construct approximately 15,093 linear feet of 6-inch diameter gravity sewer to serve the Cold Mountain Development pursuant to the application received on September 22, 2008 and in conformity with 15A NCAC 2T .0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This is a construction only permit. This wastewater collection system shall not be put into service until written authorization is received from the Division of Water Quality. When you are finally authorized to put this collection system in use, the sewage and wastewater collected by this system shall be treated in the Cold Mountain Development's Wastewater Treatment Facility (Permit No. WQ0029962). 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 Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Haywood County Building Inspector ,r' BAR.O;=SurfacexW�ater-Protection�(WW--T-_F Permit-No-_N200253 ) ' Jeff Foster, PE PERCS Files Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Haywood\WQ0033465-Cold Mountain.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES GRAVES DEVELOPMENT CORPORATION COLD MOUNTAIN DEVELOPMENT HAYWOOD COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT W00033465, CONSTRUCTION ONLY This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified cdnditions 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 .0305; 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 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or 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 shalt be developed 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 every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-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 §143-215.1C. I ii _* lf� Permit No W00033465 Graves Development Corte Cold Mountain Development Haywood Co., Oct 7 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater -collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 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 2T .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 2T .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 NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 �- - T -1 • • • ii• _lM., l •- - •p-1 ■- T••• 11 • • 11: 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. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the ;above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 7th day of October, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Co b en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033465 Permit No W00033465,_Graves Development Corp_.. Cold Mountain Development Haywood Co Oct 7 2008 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 15,093 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. 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. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. 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 above referenced project 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 the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .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: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. 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. STATE OF NORTH CAROLINA COUNTY OF Havwood Pt DEVELOPER'S OPERATIONAL AGRB�I This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and eI August _2008,_by and between the Nortl Commission, an agency of the State of North Carolina, hereinafter known Development Corporation , a corporation/, to do business in the State of North Carolina, hereinafter known as the DI WITNESSETH: The DEVELOPER is the owner of the certain lands lying in which it is erecting and will erect dwelling units and other it as ��WQO- L -3-4 t No. XTTSEP 2 2 2008 1 LJT 133114( LITY SE(8tmN Idav;'of It SEP - 8 2008 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater f"reatffietfr 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 or 47F 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 N/A (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and 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 Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. UnTYX X. T-NUX 7 n) in) T')-- . 1 _r am 4. 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. 5. 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 funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 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 MANAGEMENT COMMISSION Coleen 0. Sullins, Director Division of Water Quality Graves Development Corporation Name of DEVjEJ�LOPER (Signatge) J. Wilton Graves, President Print Name and Title (Date) (Date) 75 O� �AAQ i ell'-Rvionuaatura172esources • y a �`1 co sign of Water Quality 2 4 �,. � CEP r SCP g 008 C1 APPLICATION L (FTA 12/07 ) foTVCN,}�T�pjj'�'T ram' S D FORCE MAINS WATER Slit'P/ILL�T��u{� FFT� essi�i�' �aeuum-s�wersystems are -no - o be inelu a part of this application package) .;. w.,.,.:. INSTRUCTIONS: Indicate that ,you„ have inclUdedladdressed<_the_follo"W ng list, of required application package items by checking the space provided-nexfito each,applicable-item. Failure to submit all required items will lead to your application being returned as incomplete. F6rmIs'are available from the web site or by calling the Regional Office serving your county.- http://h2o. enr state. nc. us/peres/Collection%20Systems/Collection SystemApplications.html ® A. Application Form - Submit one original and one copy of the completed and appropriately executed application form. The application should include a project narrative describing the final build -out design (i.e. system and/or pump station to ultimately serve 500 homes, but flow for only 100 homes being requested now). For modifications, clearly explain the reason for the modification (i.e. adding another phase, changing line size/length, etc.). Only include the modified information in this permit application - do not duplicate project information that has already been included in the original permit. 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 BN 3). Separate applications should be made for non-contiauous sewer systems. ® B. Application Fee - Submit a check in the amount of $480 made payable to: North Carolina Department of Environment and Natural Resources (NCDENR). Checks shall be dated within 90 days of application submittal. ❑ C. 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 (CPCN) 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 CPCN has not been issued, provide two copies of a letter from the North Carolina 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. The project name in the CPCN or letter must match that provided in Item A(2)a of this application. ® D. Operational Agreements - Submit one original and two copies of a properly executed operational agreement, as per 15A NCAC 02T .0115, if the application is submitted by a private applicant and will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels, etc.) that will be sold to another entity. If the applicant is a home or property owner's association, use Form HOA 02/03. If the applicant is a developer, use Form DEV 02/03. EVEN IF THE PROJECT MAY BE TURNED OVER TO A MUNICIPALITY UPON COMPLETION, FORM DEV 02/03 IS REQUIRED. ® E. Downstream Sewer, WWTF Capacity and Flow Tracking/Acceptance - FORM FTSE 10/07 (Flow Tracking/Acceptance for Sewer Extension Permit Applications) is required with every application. The applicant (and owners of downstream sewers, pump stations and/or treatment facilities submitting FORM FTSE-10/07) certifies that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving treatment plant, and that the flow from this project will not cause capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving wastewater treatment plant. Where the applicant is not the owner of the downstream sewer, submit two copies of FORM FTSE 10/07 from the owner of the downstream sewer and owner of the WWTF, if different. The flow acceptance indicated in FORM FTSE-10/07 must not expire prior to permit issuance and must be dated less than one year prior to the application date. Submittal of this application and FORM FTSE-10/07 indicates that owner has adequate capacity and will not violate G.S. 143-215.67(a). Intergovernmental agreements or other contracts will not be accepted in lieu of project -specific FTSE 10/07. ® F Map - Submit an 8.5-inch by 11-inch COLOR copy of a USGS Topographic Map of sufficient scale to identify the entire project area and the closest surface waters. Each map or maps must show the location of the sewer line and pump stations and be of reproducible quality. Include a street level map showing the downstream connection point, and the permit number for the downstream sewer, if known. FTA12/07 ® G. stream Classifications — Watershed Classification Attachment (Form WSCAS-12/07) If any portion of the sewer system project is within 100 feet of any surface water or wetlands, the Watershed Classification Attachment may need to be completed. A variance must be requested for encroachment within required setbacks or buffers pursuant to 2T .0305 (f) and be indicated in Item B-13 with supporting documentation/justification provided. ❑ H Environmental Assessments — If this project is subject to an Environmental Assessment (EA) [15A NCAC 01C], this application cannot be used. Send the project application on the most current version of Form PSFMGSA to the Design Management Unit, 1633 Mail Service Center, Raleigh, NC 27699-1633. Applications cannot be accepted until a Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS) has been issued. A copy is to be submitted with that permit application. ❑ I. Flow Direction — Many wastewater treatment systems are entering into agreements for regionalization efforts and emergency treatment capacity. Parts of the system are installed so that the wastewater flow can be directed to more than one treatment facility. If this is the case with this project, please indicate in B(12) and give the permit number of the second treatment facility. ® J. Certifications — Section C The application must be certified by both the applicant and the design engineer who is a North Carolina Registered Professional Engineer (PE). The applicant signature must match the signing official listed in Item A(lb). The PE should NOT certify the application if he/she is unfamiliar with 15A NCAC Chapter 2T, the Gravity Sewer Minimum Design Criteria (most recent version) and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (most recent version), as applicable to the project. THE COMPLETED FTA 12/07 APPLICATION PACKAGE, INCLUDING ALL SUPPORTING DOCUMENTS AND $480 FEE, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE: REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Cherokee, Swannanoa, North Carolina 28778 Clay, Graham, Haywood, Henderson, Jackson, (828) 296-4500 Macon, Madison, McDowell, Mitchell, Polk, (828) 299-7043 Fax Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen, Cumberland, Harnett, Hoke, Fayetteville, North Carolina 28301-5094 Montgomery, Moore,.Robeson, Richmond, (910) 433-3300 Sampson, Scotland (910) 486-0707 Fax Mooresville Regional Office 610 E. Center Avenue Alexander, Cabarrus, Catawba, Cleveland, Mooresville, North Carolina 28115 Gaston, Iredell, Lincoln, Mecklenburg, Rowan, (704) 663-1699 Stanly, Union (704) 663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Franklin, Raleigh, North Carolina 27699-1628 Granville, Halifax, Johnston, Lee, Nash, (919) 791-4200 Northampton, Orange, Person, Vance, Wake, (919) 788-7159 Fax Warren, Wilson Washington Regional Office 943 Washington Square Mall Beaufort, Bertie, Camden, Chowan, Craven, Washington, North Carolina 27889 Currituck, Dare, Gates, Greene, Hertford, Hyde, (252) 946-6481 Jones, Lenoir, Martin, Pamlico, Pasquotank, (252) 975-3716 Fax Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, New Wilmington, North Carolina 28405 Hanover, Onslow, Pender (910) 796-7215 (910) 350-2004 Fax Winston-Salem Regional Office 585 Waughtown Street Alamance, Alleghany, Ashe, Caswell, Davidson, Winston-Salem, North Carolina 27107 Davie, Forsyth, Guilford, Rockingham, Randolph, (336) 771-5000 Stokes, Surry, Watauga, Wilkes, Yadkin (336) 771-4630 Fax For more information, please visit our web site at., http://www.nccagi.netlEnpineering/Sewer•/20Permits.html or contact the Regional Office serving your county. FTA12/07 USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! C Application Number: , -0- M841 DOG (to be completed by DWQ) 11 Owner/Permittee: 1 a. Graves Development Corporation Full Legal Name (company, municipality, HOA, utility, etc.) 0 1 b. . . ........ .... . .. . . .. . ... ............. J. Wilton Graves, President i i Signing Official Name and Title (Please review 15A NCAC 2T.0106 (b) for authorized signing officials!) 1 c. The legal entity who will own this system is: El Individual 0 Federal EJ Municipality El State/County ❑ Private Partnership E Corporation E]LOther (specify),. 0 11 d. PO Box 6 le. Waynesville w Mailing Address city 11f. NC g. 28716 Z, I State Zip Code 0 1 h. (828) 648-8647 1i. (828) 648-8048 11j. jwgraves2@hotmail.com Telephone Facsimile E-mail i2. -Proiect (Facility) Information: 2a. Cold Mountain Development 2b. County CL -Haywood _Brief Project Name (permit will refer to this name) j County Where Project is Located ,3. Contact Person: .. .. . .... ...... ............... 13a. Travis Maxwell, PE Name and Affiliation of Someone Who Can Answer Questions About this Application li3b. (828) 232-4700 3c. tmaxwell@brooksea.com Phone Number E-mail 11. I Project is Z New [:1 Modification (of an existing permit) If Modification, Permit No.: 2. Owner is E] Public (skip to Item B(3)) E Private (go to Item 2(a)) ,2a. If private, applicant will be: 1 2b. If sold, facilities owned by a (must choose one El Retaining Ownership (i.e. store, church, single office, etc.) or. F1 Public Utility (instruction C) ❑ Leasing units (lots, townhomes, etc. - skip to Item B(3)) Z Homeowner Assoc./Developer (Instruction D) Selling units (lots, townhomes, etc. - go to Item B(2b)) 3. Graves Development Corporation Z0 Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project I 4a. Cold Mountain Development WWTF 4b. WQ0029962 p: < I Name of WWTF WWTF Permit No. 15a. Cold Mountain Development 15b. 6" Gravity 5c. WQ0029962 Owner of Downstream Sewer IReceiving Sewer Size 0 Force Main Permit # of Downstream Sewer (Instruction E) 0 LL.. 6. The origc all N: in of this wastewater is (check that app Z Z Residential Subdivision [:1 Retail (Stores, shopping centers) 100 % Domestic/Commercial R Apartments/Condominiums El Institution % Industrial (attach F] Mobile Home Park [:1 Hospital description .)..,, LU El School El Church ice El Restaurant El N u rsi ng IJo .p F1 Office El Other (spi0afy)L.-,,"."',,'__ % Other(fie ....... . .............. . .. ... .... ... .. . ... . 4�_ 8 a ro Volume of wastewater to be allocated or permitted for is pa 615t: FFons per day *Do not include future flows or previously permitte i ns d al lo'.Flti --2-2--200 �G6 8 If the permitted flow is zero, indicate why: SEP 8 2. El Pump Station, Outfall or Interceptor Line where flow ill b permitted in subse uen mits -hal conie - o-this-li:1 El Flow has already been allocated in Permit No. d W TER QUALITY SECTION ❑ Rehabilitation or replacement of existing sewer with 6.0�,p W fl muexpaet 'I I q 0 pe T oaoatiti�e�t6m permit is required) �SHE\�ILLE REGIONAL .'C %15 FTA12/07 f9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2T .0114 for the value in Item 13(7) AND/OR the design flow for line or pump station sizing if a reduced or zero flow is being requested in Item B(7). Values other than that in 15A NCAC 2T .0114 (b) and (c) must be supported with actual water or wastewater use data in accordance with 15A NCAC 2T .0114 (f). 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) Length (feet) ! New Gravity or Additional Force Main 6° 15,093 (Private) New Gravity —_ - i - 0 11. Summary of Pump Stations w/ associated Force Mains to be Permitted (attach additional sheets as necessary) LLI Pump Station Location ID (self chosen - as shown on plans/map for reference) Z .._...... --- ---------. ---- - - -. - - - -- --- -- --- . _ .. ---- F- Z Design Flow I Power Reliability Option Operational Point (MGD) 1 -permanent generator w/ATS; ; Force Main Size Force Main Length Q j GPM @TDH 2 - portable generator w/MTS Z QPump Station Location ID (self chosen - as shown on plans/map for reference) -- Design Flow Power Reliability Option--`--^-_- Operational Point (MGD) GPM @TDH 1 -permanent generator w/ATS; Force Main Size Force Main Length Q j 2 -portable generator w/MTS _ _ Pump Station Location ID (self chosen - as shown on plans/map for reference) LU a Design Flow (MGD) OPower Reliability Option perational Point 1 -permanent generator w/ATS; j Force Main Size GPM @TDH 2 - portable generator w/MTS Force Main Length 12. Will the wastewater flow in the proposed sewer lines or pump stations be able to be directed to another treatment facility? I❑ Yes ® No If Yes, permit number of 2"d treatment facility J(RO — if "yes" to B,12 please contact the Central Office PERCS Unit) . ......... ....... ..... _- - - ---- - - - ....... ---- -... .... ........ .............. _ ..... ..... ............ ........... -... ._ _..... ...-_--- ._... _......... . __ .... -..... 13. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC Chapter 2T as applicable? ® Yes ❑ No If No, please reference the pertinent minimum design criteria or regulation and indicate why a variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION FTA12/07 ` , 1 --------------- 14. Have the following permits/certifications been submitted for approval for the system or project to be served? CO Z F— Q 0 11 I IX LU 0 A Wetland/Stream Crossings General Permit or 401 Certification? ❑ Yes ❑ No ® N/A Sedimentation and Erosion Control Plan? ® Yes ❑ No ❑ N/A Stormwater? ❑ Yes ❑ No ® N/A 15. Does this project include any high priority lines, [see 15A NCAC 02T .0402 (2)] involve aerial lines, siphons, or interference manholes)? These lines will be considered high priority and must be checked once every six months Check if Yes: ❑ and provide details 1. Owner/Permittee's Certification: (Signature of Signing Official and Project Name) 1, J. Wilton Graves attest that this application for Cold Mountain Development 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 documentation and attachments are not included, this application package is subject to being returned as incomplete. Note: In accordance with North Carolina General Statutes 143-215.6A and 143-215.68, 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. 1 a. 11 /li�l l L---- �/ Z5/ D Signing Official Signature Date ENGINEERING DESIGN DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL OF THIS APPLICATION. THESE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIR PROXIMI TO OTHER UTILITIES, DESIGN CALCULATIONS. ETC. REFER TO 15A NCAC 02T .0305 2. Professional Engineer's Certification: (Signature of Design Engineer and Project Name) 1, _Jeff Foster, PE , attest that this application for Cold Mountain Development 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. 1 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 and the watershed classification in accordance with Division guidance. Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that 1 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 143-215.68, 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. 2a. Jeff Foster, PE Professional Engineer Name 2b. Brooks Engineering Associates, PA Engineering Firm 2c. 17 Arlinaton Street Mailing Address 2d. Asheville 2e. NC 2f. 28801 City State I Zip 2g. 828-232-4700 '2h. 828-232-1331 12i. jfoster@brooksea.com Telephone Facsimile E-mail b1. �v \ °rrrvvvavverv\® NC PE Seal, Signature & Date FTA 12/07 COLD MOUTNAIN ENGINEER'S REPORT DESIGN FLOW Phase Unit Type No. Units # Bedrooms/unit Design Flow I Clubhouse 1 n/a 14,295 10 Meadows 54 5 32,400 Upper El. 12 5 7,200 Peak River 4 5 2,400 Cottages 8 4 3,840 Mtn Villages 28, 4 13,440 Ridgetop 11 4 5,280 117 TOTAL 78,855 BROOKS Engineering Associates Land Planning Civil Engineering Surveying Letter of Transmitta To: NCDENR - DWQ Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 828-296-4500 (need telephone no. if Fedex, no P.O. Box) Project Name: Cold Mountain Development Gravity Sewer Fast Track Permit Application Project No: 169006 J Mail ❑ Deliver 7°Adingtart�tme't"F 5 Asheville, NG 28801 ? P:828.232.47Q imen I Sewsie F: 28. 3.13 A n i i SEP 2 2 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE From: Date a Jeff Foster 9/18/08 cc: (need telephone no. if Fedex, no P.O. Box) Overnight* ❑ Other *must use street address & indude phone number Document Description: Date: Use: Fee check # 2240 in the amount of $480.00 Project Memorandum 9/18/08 Review FTA 12/07 - Original and 1 Copy Comments: DEV 02/03 -1 Original and 2 Copies 8/29/08 FTSE 10/07 -1 Original and 2 Copies 8/29/08 8.5x11 Color map - 2 originals 9/3/08 WSCAS-12/07 -1 Original 9/3/08 Cold Mountain Development WWTF Permit 6/20/06 LAND PLANNING Date: To: From: Regarding: BEA Project No.: cc: CIVIL ENGINEERING SURVEYING MEMORANDUM September 18, 2008 NCDENR DWQ Asheville Regional Office Jeff Foster, PE ENVIRONMENTAL SERVICES v 008 ECTION AL OFFICE Cold Mountain Development - FTA 12/07 Apphc tion ` NWIT''! Dear Mr. Davis and Ms. Price: ECE� SEP 2 2 2 .., WATER QUALITY S ASHEVILLE REGION I appreciate the opportunity to speak with you by phone this afternoon concerning this project and your willingness to accommodate the needs of this project owner. As we discussed by phone, as you are aware, the owner has an existing permit for the Wastewater Treatment & Reclaimed Water Utilization System Permit Number WQ0029962 which allows for up to 80,000 gallons per day of wastewater treatment. It is likely that the treatment plant will be relocated to the terminus point of the collection system. A pump station will be required to transport the wastewater to the treatment plant, no matter where it will be located, but to save design costs; the pump station is not being designed until this decision has been made. Once this decision is made, a permit modification will be submitted for the treatment plant, and a collection system permit modification will be made to incorporate the appropriate pump station system. e eonst , { ctian of the s "di�risivn reaa s, For now, dwellings on the premises are served by indiv sep is systems, but they will e converted to the collection system once the total of the permitting process is complete and the treatment facility is constructed. Once again, I appreciate your consideration on the owner's behalf and we look forward to aiding you in this approval in whatever manner is necessary. 17 ARLINGTON STREET ASHEVILLE, NC 28801 P: 828.232.4700 F: 828.232.1331 WWW.BROOKSEA.COM OF.W ATF,4 State of North Carolina \O� 47G Department of Environment and Natural Resources a� Division of Water Quality o Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE—10/07) Project Applicant Name: Graves Development Corporation Project Name for which flow is being requested: Cold Mountain Development More than one FTSE-10/07 may he required for a single project if the owner of the WWTP is not responsihle for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Cold Mountain Development WWTF b. WWTP Facility Permit #: W00029962 c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the WWTP e. WWTP facility's actual avg. flow f. Total flow for this specific request g. Total actual and obligated flows to the facility h. Percent of permitted flow used All flows are in MGD 0.08 0 M11 II. Complete this section for each pump station you are responsible for along proposed wastewater flow. List pump stations located between the project connection point and the Pump Station Name J ►ute of this ;I SEP 2 2 2008 WATER QUALITY SECTION tFA.v!Lr.l_E Ri'C10NAL- OFFICE — Daily'F1oW, MGD. Y Y I I I I SEP g 2008 � �"-•1 i . I „ log I j vVJER OU;a� ,n FF 1 L F.SHEVIL.LcE�I) dAL _! III. Certification Statement: I, J. Wilton Graves , certify that, to the best of my khoWled'g'e;`the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II for which I am the responsible party. Signature of this form indicates acceptance of this wastewater flow. Approx. Capacity, MGD (Firm/Design) Signing Official Signature Date ACM 1 zC1 OFF�R State of North Carolina `Ors QG Department of Environment and Natural Resources Division of Water Quality o : Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE—10/07) Project Applicant Name: Graves Development Corporation Project Name for which flow is being requested: Cold Mountain Development More than one FTSE-10107 may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: _Cold Mountain Development WWTF b. WWTP Facility Permit #: W00029962 c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the WWTP e. WWTP facility's actual avg. flow f. Total flow for this specific request g. Total actual and obligated flows to the facility h. Percent of permitted flow used II. Complete this section for each pump station you are responsi proposed wastewater flow. List pump stations located between the project connection point Pump Station Name Approx. Capacity, MGD (Finn/Design) All flows are in MGD 0.08 0 0.08 4tel o lhis=_' I 1 2 2 2008 1J1"`1'3A` t-fftU,H -,YE'�ECTION Darbl?Ilo_w 11IFYDJAL OFFICE SEP - 8 2008 SECTION III. Certification Statement: I, J. Wilton Graves , certify that, to the best of my know°ledge,'the'addition of the volume of wastewater to be permitted in this project has been evaluated_along-the-route-to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II for which I am the responsible party. Signature of this form indicates acceptance of this wastewater flow. Signing Official Signature . Date 2 - Proposed Sewer in Road, ` Perpendicular Crossing/ ' , - I - Proposed Sewer mil/ �a k 100' - \ 283 Y . j t Gc ` v 1 - Proposed Sewer at ' Existing Road Crossing' - iUnnamed, Not Classified Only 30' SEtEC Buffers \ SS 0 r-Q) ISE igeon River (WS-III; Tr) - r ! i i - Ir l_ All sewer is 6"PVC with cleanouts every 100' linear feet ' �= N gravity . _ No gravity sewer parallel to a watercourse is within 30' of that watercourse ° '— �S A� CARo Date: 09-03-08 , Scale: 1"=700' �O••..FOg/oN��L9 'A �'- 'I Proj.#: 169006 w SEAL Q Designed: JRF NORTH 028291 �`,�: JRF 700' 0 700' oaio3io8 •: Drawn: Brooks Engineering Associates '`�•'•FN NE�� Checked: JRF SCALE: 1"=700' (Horiz.) Planning • Engineering • Surveying -Environmental Services• Reviewed: JRF Cold Mountain De v ent Gravity Sewer Fast-Trac Exhibit Haywood County - Cruso North Carolina Drawing Title: PLAN SHEET I CU-1 t FORM WSCAS-12/07 \o�oF WATF9oG WATERSHED CLASSIFICATION ATTACHMENT >, o � FOR SEWER SYSTEMS Applicant Name Project Name Graves Development Corporation J. Wilton Graves, President Cold Mountain Development Professional Engineer Name Engineering Firm Name Jeff Foster, PE Brooks Engineering Associates, PA Location ID Name of Waterbody' County River Basin Waterbody Stream Index No. Waterbody Classification 1 Unnamed Tributary to Pigeon River Haywood Pigeon 5-(1) WS-III;Tr 2 Unnamed Tributary to Pigeon River Haywood Pigeon 5-(1) WS-III;Tr 3 Unnamed Tributary to Pigeon River Haywood Pigeon 5-(1) WS-III;Tr sFP-,2n WATER QUAI S E11 I I G nri_tnrtiai ITY SE_CI )ON rr_rinr ' If unnamed, indicate "unnamed tributary to X", where X is the named waterbody to which the unnamed tributary joins. 1 certify that as a Registered Professional Engineer in the State of North Carolina that / have diligently followed the Division's instructions for classifying waterbodies and that the above classifications are inclusive of the stated project, complete and correct to the best of my knowledge and belief. PE Seal, Signature and Date 0. *** VND OF F01RM WRCAC-12/M *** FORM: WSCAS-12/07 Page 1 of 1 O� W p'T�q Michael F. Easley, Governor June 20, 2006 J. Wilton Graves Graves Development Corporation PO Box 6 Waynesville, NC 28716 . William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Permit No. WQ0029962 Cold Mountain Development Wastewater Treatment and Reclaimed Water Utilization System Haywood County Dear Mr. Graves: In accordance with your permit application received February 1, 2006, and subsequent additional information received March 30, 2006 we are forwarding herewith Permit Number WQ0029962, dated May 26, 2006, to Graves Development Corporation for the construction and operation of the subject wastewater treatment and reclaimed water utilization system. This permit shall be effective from the date of issuance until April 30, 2011, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. 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 Nathaniel Thornburg at (919) 715-6160. Sincerelly'� -,Alan W. Klimek, P.E. cc: Haywood County Health Department Asheville Regional Office, Aquifer Protection Section Mark Brooks, Brooks & Medlock Engineering, PLLC -Technical Assistance and Certification Unit Aquifer Protection Central Files LAU Files North Carolina Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: www.ncwaterquality.org 2728 Capital Boulevard Raleigh, NC 27604 FAX (919) 715-6048 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NORTH CAROLINA i• ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER TREATMENT AND RECLAIMED WATER UTILIZATION 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 Graves Development Corporation Haywood County FOR THE construction and operation of a 80,000 GPD wastewater treatment and reclaimed water utilization system consisting of a manually cleaned bar screen, a 30,000 gallon flow equalization basin, a flow splitter box, two aeration basins 28,985 gallons each, two clarifiers 14,393 gallons each, one 21,191 gallon sludge holding basin, a tertiary filter, a Trojan UV 3150-PTP disinfection unit, a V-notch weir flow measuring device, a continuous effluent turbidity monitoring device, a 23,000 gallon anoxic tank, a permanent auxiliary power source, a 400,000 gallon five day upset tank, an 88,755 M storage pond, a 400,000 gallon wet weather storage tank, a 17,952 gallon pump tank and 20.77 acres of drip irrigation area to serve Cold Mountain Development with no discharge of wastes to the surface waters, pursuant to the application received February 1, 2006 and subsequent additional information received by the Division, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 2011, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 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. 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. Mail the Certification to the Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty- eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 3. The reclaimed water utilization facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters, which will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division of Water Quality (Division), such as the construction of additional or replacement wastewater treatment and disposal facilities. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface water or ground water resulting from the operation of this facility. 5. The residuals generated from these treatment facilities must be disposed in accordance with General Statute 143-215.1 and in a manner approved by the Division. 6. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 7. The following buffers shall be maintained: a. 100 feet between wetted areas and water supply wells, b. 100 feet between wetted areas and waters classified as SA, c. 25 feet between wetted areas and surface waters not classified as SA, d. 100 feet between wastewater treatment units and wells, e. 50 feet between reclaimed water storage/irrigation ponds and property lines, and f. 50 feet between wastewater treatment units and property lines. 8. Public access to the irrigation sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. A sign shall be posted in plain sight in the clubhouse showing these activities. 9. A leakage test shall be performed on the septic tank and dosing tank to insure that any exfiltration occurs at a rate, which does not exceed twenty (20) gallons per twenty-four (24) hours per 1,000 gallons of tank capacity. The engineer's certification will serve as proof of compliance with this condition. 10. The disposal system shall be connected to a rain or moisture sensor that shall indicate when wastewater application is not appropriate in accordance with Condition II(4) of this permit. 11. The following shall be requirements for the reclaimed water distribution, storage, and utilization facilities: a. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. Where appropriate, such warning shall inform the public or employees to avoid contact with the water. b. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water. i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone 522) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER — DO NOT DRINK" or be installed with a purple (i.e., Pantone 522) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less. ii. Identification tape shall be at least three inches wide and have white or black lettering on purple (i.e., Pantone 522) field stating "CAUTION: RECLAIMED WATER — DO NOT DRINK." Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe. c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by authorized personnel only. d. Above -ground hose bibs (i.e., spigots or other hand -operated connections) shall not be present. Hose bibs shall be located in locked below -grade vaults that shall be clearly labeled as being of non -potable quality. As an alternative to the use of locked below -grade vaults with standard hose bibs services, hose bibs, which can only be operated by a special tool or connected to a special hose connection, may be placed in non -lockable underground services boxes clearly labeled as non -potable water. 12. Prior to operation, the permittee shall submit a map to the Division that includes the compliance and review boundaries. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. 2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply with all other conditions specified in these rules. 3. A suitable, year-round vegetative cover shall be maintained on the irrigation areas. 4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause runoff. 5. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field. 6. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. 7. The application rate shall not exceed a cumulative loading of 52 inches over any twelve (12) month period at an instantaneous application rate not to exceed 0.4 inches per hour. 8. An automatically activated standby power source shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. 9. No type of wastewater other than that from Cold Mountain Development shall be irrigated onto the irrigation area. 10. Freeboard in the storage pond shall not be less than two feet at any time. 11. A waste -level gauge, to monitor waste levels in the storage pond, shall be installed within 60 days of issuance of this permit or prior to operation. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, and top of the dam elevations. Caution must be taken not to damage the integrity of the liner when installing the gauge. 12. A protective vegetative cover shall be established and maintained on all earthen basin embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible. 13. All wastewater shall be routed to the five-day holding pond should the limit for fecal coliform (daily maximum concentration of 25 per 100 ml) or turbidity (instantaneous maximum of 10 NTU) be exceeded, until such time that the problems associated with the treatment capability of the wastewater treatment plant have been corrected. The wastewater in the five-day holding pond shall be pumped back to the treatment plant for re -treatment or treated in the five-day pond prior to discharge to the storage pond. III. MONITORING AND REPORTING REQUIREMENTS Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by the Division to insure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form NDMR. The Permittee shall install an appropriate flow measurement device consistent with approved engineering and scientific practices to ensure the accuracy and reliability of influent flow measurement. Flow measurement devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of once per year, and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Permittee shall keep records of flow measurement device calibration on file for a period of at least three years. At a minimum, data to be included in this documentation shall be: a. Date of flow measurement device calibration b. Name of person performing calibration c. Percent from true flow Plans and specifications for the flow measuring device shall be prepared by a licensed Professional Engineer and submitted to the appropriate regional office 30 days prior to installation. The flow -measuring device shall be installed within 1 year of the date of this permit. 3, As an indicator of proper operation and maintenance, the facility shall produce an effluent in compliance with the following limitations: Parameter Monthly Averages Daily (Instantaneous) Maximum c Flow 80,000 GPD 15 mg/1 6 mg/1 BOD5 (5-day, 20°C) 10 mg/1 NH3 as N 4 mg/1 TSS 5 mg/1 10 mg/1 Fecal Coliform 14 per 100 ml b 25 per 100 ml Turbidity 10 NTU The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 2 a Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected during the reporting period. Monthly average for fecal coliform shall be the geometric mean of all samples collected during the reporting period. c Daily maximum shall be the maximum value of all samples collected during the reporting period. The Permittee shall monitor the effluent from the subject facilities. at the point prior to irrigation for the following parameters: Parameter Sampling Point Sampling Frequency Type of Sample Flow Influent or Effluent Continuous Recording Turbidity Effluent Continuous Recording BOD5 (5-day, 20°C) Effluent *2/Month Composite NH3 as N Effluent *2/Month Composite TSS Effluent *2/Month Composite Fecal Coliform Effluent *2/Month Grab Settleable Matter Effluent Daily Grab NO3 Effluent *Triannually Grab TDS Effluent * *Triannually Grab TOC Effluent **Triannually Grab Chloride Effluent * *Triannually Grab pH Effluent * *Triannually Grab * 2/Month sampling frequency only during the months of April through October. During the remainder of the year, these parameters shall be monitored monthly. ** Triannually sampling shall be conducted during March, July, and November. If Groundwater sampling indicates or predicts problems with the compliance with Groundwater Standards, this permit will be modified to include additional and/or more restrictive limitations. 4. The Permittee shall maintain adequate records tracking the amount of wastewater disposed. These records shall include, but are not necessarily limited to the following information: a. Date and time of irrigation, b. Volume of wastewater irrigated, c. Zone irrigated, d. Length of time zone is irrigated, e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each zone, f. Weather conditions, and g. Maintenance of cover crops. 5. Freeboard in the storage pond shall be recorded weekly. W 6. Three (3) copies of all monitoring data [as specified in Conditions III(2) and 111(3)] on Form NDMR-1 and three (3) copies of all operation and disposal records [as specified in Conditions 111(4) and III(5)] on Form NDAR-1 shall be submitted monthly on or before the last day of the following month. All information shall be submitted to the following address: NC Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. A record shall be maintained of all residuals removed from this facility. This record shall include the name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to accept the residuals, date the residuals were hauled, and volume of residuals removed. A maintenance log shall be maintained at this facility including but not limited to the following items: a. Daily sampling results.of dissolved oxygen in the aeration basin and at the clarifier weir. b. Visual observations of the plant and plant site. c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing, diffuser inspections and cleanings, etc.). d. Date of calibration of flow measurement device. e. Date and results of power interruption testing on alternate power supply. 9. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296-4500 , 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 any of the following: a. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its permit limitations. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. 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. 0 IV. GROUNDWATER REQUIREMENTS Prior to beginning waste disposal operations, three monitor wells; MW-1, MW-2 and MW-3 shall be installed to monitor groundwater quality. The wells shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year. The general location and name for each well is marked on Attachment A. Each monitoring well shall be located at the review boundary, constructed in accordance with this permit, and approved by the Asheville Regional Office. 2. The measuring points (top of well casing) of Monitor Wells MW-1, MW-2 and MW-3 shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. Monitor wells MW-1, MW-2 and MW-3 shall be sampled initially after construction and before land application to the adjacent field, and thereafter every March, July, and November for the following parameters: Chloride Total Ammonia Fecal Coliforms Total Dissolved Solids Nitrate Nitrogen Water Levels pH Volatile Organic Compounds —(In November only) Volatile Organic Compounds (VOC) by one of the following methods: (A) Standard Method 6230D, PQL at 0.5 µg/L or less (B) Standard Method 6210D, PQL at 0.5 µg/L or less (C) EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less (D) EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less (E) Another method with prior approval by the Aquifer Protection Section Chief Any method used must meet the following qualifications: (1) A laboratory must be DWQ certified to run any method used. (2) The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. (3) The method used must provide a pql of 0.5 µg/L or less that must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported. The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. If any volatile organic compounds are detected by the methods listed, then the Asheville Regional Office Aquifer Protection Supervisor, telephone number (828) 296-4500, must be contacted immediately for further instructions regarding any additional follow-up analyses required. The results of all initial and follow-up analyses must be submitted simultaneously. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form) by the Division of Water Quality, Information Processing Unit, 1617 Mail Service Center, Raleigh, N.C. 27699-1617 on or before the last working day of the month following the sampling month. 4. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 2C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. 7 �. Within sixty (60) days of completion of all monitoring wells, the permittee shall submit two original copies of a scaled topographic map (scale no greater than 1 ":100') signed and sealed by a professional engineer or a state licensed land surveyor that indicates all of the following information: a. the location and identity of each monitoring well, b. the location of the waste disposal system, C. the location of all property boundaries, d. the latitude and longitude of the established horizontal control monument, e. the relative elevation of the top of the well casing (which shall be known as the "measuring point"), and f. the depth of water below the measuring point at the time the measuring point is established. The survey shall be conducted using approved .practices outlined in North Carolina General Statutes Chapter 89C and the North Carolina Administrative Code Title 21, Chapter 56. The surveyor shall establish a horizontal control monument on the property of the waste disposal system and determine the latitude and longitude of this horizontal control monument to a horizontal positional accuracy of +/- 10 feet. All other features listed in a. through e. above shall be surveyed relative to this horizontal control monument. The positional accuracy of features listed in a. through e. above shall have a ratio of precision not to exceed an error of closure of 1 foot per 10,000 feet of perimeter of the survey. Any features located by the radial method will be located from a minimum of two points. Horizontal control monument shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities that may take place on the property. The map shall also be surveyed using the North American Datum of 1983 coordinate system and shall indicate the datum on the map. All bearings or azimuths shall be based on either the true or NAD 83 grid meridian. If a Global Positioning System (GPS) is used to determine the latitude and longitude of the horizontal control monument, a GPS receiver that has the capability to perform differential GPS shall be used and all data collected by the GPS receiver will be differentially corrected. The maps and any supporting documentation shall be sent to the Division of Water Quality, Land Application Unit, Mail Service Center 1636, Raleigh, N.C. 27699-1636. 6. Within thirty (30) days of completion of all well construction activities, a certification must be received from a professional engineer certifying that the monitoring wells are located and constructed in accordance with the Well Construction Standards (15A NCAC 2C) and this permit. This certification should be submitted with copies of the Well Completion Form (GW-1) for each well. Mail this certification and the associated GW-1 forms to the Division of Water Quality, Information Processing Unit, Mail Service Center 1617, Raleigh, N.C. 27699-1617. 7. No land application of waste activities shall be undertaken when the seasonal high water table is less than one feet below land surface. 8. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided 9. The Compliance Boundary and Review Boundary for the waste disposal area(s) is specified by regulations in 15A NCAC 2H, Waste Not Discharged to Surface Waters, specifically, .0219(k)(1)(C)(i)(III). The Compliance Boundary and Review Boundary for groundwater shall be established at the property boundary. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2). 10. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty-eight (48) hours prior to the construction of any monitoring well so that an inspection can be made of the monitoring well location. Such notification to the regional groundwater supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding state holidays. 11. For the initial sampling of the well as specified elsewhere in the permit, the permittee shall submit a copy of the GW-1 Form (Well Completion Form) with the Compliance Monitoring Form (GW-59) for that well. Compliance Monitoring Forms that do not include copies of the GW-1 form will be returned to the permittee without being processed. Failure to submit these forms as required by this permit may result in the initiation of enforcement activities pursuant to NC General Statutes 143-215.6. 12. The permittee shall submit well construction schematics and coordinates for MW-1 and MW-2 V. INSPECTIONS 1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of three years from the date of the inspection and shall be made available upon request to the Division or other permitting authority. 3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the disposal site or facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS 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 Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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 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. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 6. The issuance, of this permit does not exempt 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, including but not limited to applicable river buffer rules in 15A NCAC 2B.0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 2H .0500. 7. The Permittee shall retain a set of approved plans and specifications for the subject facility for the life of the project. 8. The Permittee shall pay the annual administering and compliance fee within thirty days of being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4). The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Permit issued this the 20`" day of June 2006 NORTH !-'7OL1NA EVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0029962 10 Permit No. WQ0029962 June 20, 2006 ENGINEER'S 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, Project Name Location and County 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 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 Date Registration No. 11 I MW-3 -4': H it H -fluil W 'q4 ,I 1: Mw- I E ME, r5f E5, W TV tl COLD MOUNTAIN DEVELOPMENT --- ---- — - ----- I.Y. REMSED PER STATE CWMENTS !BROOKS A IMINOLOCK! GRAVES DEVELOPMENT CORPORTATION 00 , D11S M i NON -DISCHARGE SYSTEM 17 Mhgt- Street AS.MUE NORTH CA Mm! Ah.,61, N.C. 28801 Fr%g rift Ph.. 1-828-232-470 0 165005 WELL LOCATION & SETBACK MAP Fum —828-232-1331 ....... .... Attachment A �• neL1 a ye. 1e-� • � j � i + L�l t . 34 cmr Se / YF S MW OON Graves OSWW 3I' Site Location I IE Haywood County, North Carolina B R O O K S& M E O L O C K ENGINEERING, PLLC 17 ARLINGTON STREET DRAWN BY: MAB SCALE: 1"=2000' CHECKED BY: MCB DATE: 02/27/2006 ASHEVILLE, N.C. 28801 Phone: (828) 232-4700 PROJECT NO: 165005 REVISION: 0 Fax: (828) 232-1331 STATE OF NORTH CAROLINA COUNTY OF 1, pe Permit No. (AA_-� C17 21�1Ci 6 2 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) andntered-`irito flits xn� + day of TV, P�-Mf►' Zoo , by and between the North C oli;=1E)N-;--0&_ �lnt1VTcndge ent Commission, an agency of the State of North Carolina, hereinafter known as�he,1 I I II ! �-�' �'►w�s-l?x�,� P%CA_+ (:c,(; gC:A ,' a A a. o�rpo�r'at c business in the State of North Carolina, hereinafter known as the WITNESSETH: \,AT pE Q7AEITY SECTION Z61,,EVILLE {REGIONAL OFFICE 1. The DEVELOPER is the owner of the certain lands lying in '-}: (_ _County, upon which it is erecting and will erect dwelling units and other improvemen s, said development_ to_ be- known as _AJ A-) V _ (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 (Unit Owners' Association) tV f A (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and 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 Water Quality 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. FORM: DEV 09/05 Page 1 of 2 3.. ' The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements 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. 5. 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 funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 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: FORTHE IRONM NTAL ��---�#- CVCSGyGLarf�a CetPis��tNr.3 MAN NT CO l T -ON Name of DEVELOPER B.�- --- -Alan W. Klimek, P.E., Director (Signa e) Division of Water Quality _ �� 1 L� N C I jP - S , _ zES 11D N�! I FORM: DEV 09/05 Page 2 of 2 CRAVES DEVELOPMENT 2240 : '8/4/2008 —2Cold. Mountain/sewer collection system permit, W - ---_. ,. 480 00 4 i c: BB&T 8950 permit for gravity sewer collection system 480.00