WQ0035059_Owner (Name Change)_20200923

•
ROY COOPER 5 •
Governor `L Pr tr,�
MICHAEL S.REGAN , f f,._ ,;
Secretary rn 0,_, __
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
September 23, 2020
Don A.Jones,Treasurer
Talley Pointe Homeowners'Association, Inc.
54 Summerlyn Place
Semora, NC 27343
Subject: Change of Ownership Approval
Permit No.WQ0035059
Talley Pointe Homeowners'Association, Inc.
Person County
Dear Mr.Jones:
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0035059.This modification is to change ownership from the Legacy Land Group, LLC to Talley Pointe
Homeowners'Association, Inc., and Talley Pointe Homeowners'Association, Inc. is now responsible for
the continued operation and maintenance of the subject wastewater collection extension, as of June 30,
2020. Our database has been revised to reflect the ownership change.This cover letter shall be
considered a part of this permit and is therefore incorporated therein by reference.
The Permittee shall maintain compliance with its individual system-wide collection system permit for
the operation and maintenance of these facilities as required by 15A NCAC 2T.0400 and G.S 143-215.9B.
If you have any other questions regarding this matter, please contact Celeste Sugg at [phone] or
via email [e-mail].
Sincerely,
CC-AA-VI-0141U
DocuSigned by:
/ 1 .. I
99AEF363909A40E...
for S. Daniel Smith, Director
Division of Water Resources, NCDEQ
enclosures: Permit No.WQ0035059
.0403 Supplement
Operational Agreement
cc: Cecil Barker,Jr., Member/Manager, Legacy Land Group, LLC [[e-mail]]
Raleigh Regional Office
Municipal Permitting Files(electronic copy)
NorthNorth CarolinaSalisbury DepartmentStreet1 of
1617 EnMailvironmentalServiceCenter I Raleigh.Quality I DivisionNo ofrt WaterhCaro Resources
v 512 na 699-1617
NORTFI CARn1 W
Madam'a +ar 919.707.9000

STATE OF NORTH CAROLINA
COUNTY OF PERSON Permit No. WQ0035059
HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 30th day of
June 2020
. by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Talley Pointe Homeowners'Association,Inc. mi moral-ion organized
and existing under and by virtue of the laws of the State of orth C t itia;4 'erer ‹-1 _ known' as the
ASSOCIATION. NCDE Q/D-WR
t i A.R 20?
WITNESSETH:
Mona ischa e
1. The ASSOCIATION was formed for the purpose, among other , of handling the properya affairs nd
business of the development known as Talley Pointe _ Permitting Unit
(hereinafter the Development); of operating, maintaining, re-constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation,maintenance, re-construction and
repair.
2 The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct,maintain, and/or operate the Disposal System.
4 The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter47C
or 47F of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW,THEREFORE,in consideration of the promises and the benefits to be derived by each of the parties hereto,
the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the
Disposal System in accordance with the permit and plans and specifications hereafter issued and approved
by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in
accordance with applicable permit provisions and law.
2 The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures bythe Association except for Federal, State, and local taxes and insurance.
FORM: HOA 03-19 Page 1 of 2

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to ;
repair,maintain, or construct the Disposal System beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of
the 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 shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at anytime.
5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
6 Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION bythe issuance of a permit.
7. The ASSOCIATION shall not transfer, cot vey, as;>sf iil cvl"se relinquish or release its responsibility
for the operation and maintenance of it Dispos stem until-a:,'permit' has been reissued to the
ASSOCIATION'S successor. � �' #L%c,4,
8. The agreements set forth in numbered pat graphs 1, 2,'3, 4, t5, b and 7 abode shall be conditions of any
permit issued by the COMMISSION to th ASSO T 'ION fpr the construction, maintenance, repair and
operation of the Disposal System. Permitting
u i
9 A copy of this agreement shall be filed at the Register of Dee s in the C-ounty(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 Talley ► s to Homeo iers'Association,Inc.
MANAGEMENT COMMISSION Name SO ' I N
—DocuSigned by:
C vl5, h, \4-v".4,10rt>u.0-.1... By:/ �'"' ;r
'ice L.-per (Signature) 40J
Director,Division of Water Resources
Don A.Jones, Treasurer _
Print Name and Title
9/23/2020 /— 5D_ Z�
(Date) -— -- - - - — - - -- --- - (Date) ----
FORM: HOA 03-19 Page 2 of 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
RECEIVED
March 29, 2011 NCBEQ{DWR
Mr. Cecil E. Baker,Jr. �'��rl, j
Legacy Land Group,LLC
PO Box 1133 Non-Discharg.
Roxboro,North Carolina 27573 Permitting Unit
Subject: Permit No. WQ0035059
Talley Pointe Subdivision
Low Pressure STEP Sewer System Extension
Person County
Dear Mr. Baker:
In accordance with your permit application received October. 19_, 2010, and additional
information received by the Division of Water Quality (Division), we are forwarding herewith
Permit No. WQ0035059 dated March 29, 2011, to the Legacy Land Group, LLC for the
construction and operation of the subject wastewater Collection system.
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 Witten request within 30 days following
receipt of this permit. This request must be in the forma 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.
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 the approved plans and specifications. Mail the
Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh,
North Carolina 27699-1633. (Engineer's Certification Porm is attached.)
One set of approved plans and specifications is Ming forwarded to you.
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 NorthCarolina
Internet:www.nowaterquality.org N lid `atillwaI/�
An Equal Opportunity\Affirmative Action Employer

15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division approved average daily flow less than
200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided
the system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this
Rule:
(1) The sewer system is effectively maintained and operated at all times to prevent discharge to
land or surface waters, and to prevent any contravention of groundwater standards or
surface water standards.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule, spare parts inventory and overflow response has been
developed-and implemented.
(4) Pump stations that are not connected to a telemetry system.(i.e.,.remote alarm system)are
inspected by the permittee or its representative every day(i.e., 365 days per year). Pump
stations that are connected to a telemetry system are inspected at least once per week.
(5) High-priority sewers are inspected by the permittee orits representative at least once every
six-months and inspections are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is
conducted at least once per year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in
accordance with 15A NCAC 02B .0506(a),and public notice is provided as required by G.S.
143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly owned collection systems,the.Grease Control Program shall include at
least biannual distribution of educational materials for both commercial and
residential users and the legal means to require grease interceptors for new
construction and retrofit, if necessary, of grease interceptors at existing
establishments.The plan shall also include legal means for inspections of the grease
interceptors, enforcement for violators and the legal means to control grease
entering the system from other public and private satellite sewer systems.
(B) For privately owned collection systems,the Grease Control Program-shall-include at
least biannual distribution of grease education materials to users of the collection
system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts
(A) and (B)of this Subparagraph if necessary to prevent.grease-relatedsani.tary
sewer overflows.
(9) Right-of-ways and easements are maintained in thelull easement width for personnel and
equipment accessibility. •
(10)Documentation shall be kept for Subparagraphs (a)(1)through (a)(9)of this Rule for a
minimum of three years with exception of the map,which shall be maintained for the life of
the system.
(b) Private collection systems on a single property serving an,industriahfacility.where the domestic
wastewater contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system should not be deemed to be permitted in
accordance with this Rule and Rule .0113 of this Subchapter.This determination shall be made in
accordance with Rule .0113(e)of this Subchapter.
History Note:Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff.September 1,2006.