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HomeMy WebLinkAboutNC0025534_FTSE_1995+_20210115"State of North Car —..a Department of. Environment, 01; Health and Natural Resources 1 t*o Division of Environmental Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ®E H N F I A, Preston Howard, Jr., P.E., Director October 11, 1995 Honorable Fred H Niehoff, Jr., Mayor City of Hendersonville P. 0. Box 1670 Hendersonville, North Carolina 28793-1670 1:1_ Dear Mayor Niehoff: City of Permit No. WQ0011473 Collection System Improvements Project No. E-SBF-T-95-0025 Henderson County In accordance with your application received August 25, 1995, we are forwarding herewith Permit No. WQ0011473 dated October 11, 1995, to the City of Hendersonville for the construction and operation of the subject facilities. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P. 0. Box 27447, Raleigh, N. C. 27611-7447. Unless such demands are made, this permit shall be final and binding. One (1) set of final approved plans and specifications is to be forwarded to you, one (1) set retained for our files. A copy of the approved plans and specifications shall be maintained on file by the Pemuttee for a minimum of five years from the date of construction completion. 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 Permits and Engineering Unit, P. 0. Box 29535, Raleigh, North Carolina 27626-0535. (Engineer's Certification Form is attached.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper It should be noted that the issuance of the permit effectively utilizes the remaining capacity at the existing Hendersonville Wastewater Treatment Facility. Therefore, future requested additional flows cannot be approved unless additional capacity at the wastewater treatment facility is provided, or flow to the treatment plant is reduced through elimination of inflow/infiltration as demonstrated by a reduction in the monthly flow average. If there are any questions concerning this matter, please contact Mr. Bill Hoffman at (919) 733-6900, extension 615. Sincerely, Preston H d, Jr, P.E. Attachment cc: McGill Associates Henderson County Health Department �Yslie�illell2egionahOffi� e� Don Safrit Daniel Blaisdell Don Evans CIU DMU SBF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMtVIISSION DEPARTMIENT OF ENV1RoNNMW, HEALTII; AND NATURAL WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations I' �I' I • I �I' �I: ' � • I • City of Hendeisonville Henderson County construction and operation of approximately 32,750 linear feet of 8-inch gravity sewer- and appurtenances to serve recently annexed areas of the City, and the discharge of 144,665 GPD of collected wastewater into the City's existing sewerage system, pursuant to the application received August 25, 1995 and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This Permit shall be effective from the date of issuance until rescinded, and shall be subject to the following conditions and limitations: 1. This Permit shall become voidable unless the facilities are constructed in accordance with the approved plans, specifications and other supporting data. 2. This Permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities shall be properly maintained and operated at all times. - 2 - 4. The sewage and wastewater collected by this system shall be adequately treated in the Hendersonville Wastewater Treatment Plant prior to being discharged into a receiving stream. 5. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 6. The facilities shall be constructed in accordance with the requirements of the North Carolina Sedimentation Pollution Control Act. 7. Any abandoning of the existing facilities must be done in accordance with the requirements of the Division of Environmental Management's Asheville Regional Office. 8. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 9. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineerr certifying that the permitted facility has been installed in accordance with this permit and the approved plans, specifications and supporting materials. Mail the certification to the Water Quality Permits and Engineering Unit, P. O. Box 29535, Raleigh, N.C. 27626-0535. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five (5) years after the date of construciton completion. 11. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 12. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 13. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. - 3 - 14. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Pemuttee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 15. NONCOMPLIANCE NOTIFICATION: The Pemrittee shall report by telephone to the Asheville Regional Office, telephone No. (704) 251-6208 as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or breakage, etc. b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the I lth day of October, 1995. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 29 Preston 1110ar< Jr., P.E., Director Division of Elivironmental Management By Authority of the Environmental Management Commission Permit No. WQ0011473 Fth OfNorthCarolina ment of Environment, and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 31, 1995 Mr. Ezra Allman City of Hendersonville Water & Sewer Dept. 318 4th Avenue East Hendersonville, North Carolina 28793 Dear Mr. Allman: C) FEE HNF1 NOV - 3 t4g5 YVAI tH gUti T I' Subject: Permit oAWW7-8jt� City of Hendersonville Asheville Highway (U-2106) State Project No. 9.8141349 Sewer Extension Henderson County In accordance with your application received September 6, 1995, we are forwarding herewith Permit, No. W00000078, dated October 31, 1995, to the City of Hendersonville for the relocation and operation of the subject wastewater collection extension. This permit shall void Permit No. WQ0000078, issued August 15, 1988, and shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is enclosed. If you need additional information concerning this matter, please contact Liz Kovasckitz at (919) 733-5083 ext. 516. cc: Henderson County Health Department NCDOT- Design Services 0111 P.O. Box 29535, Raleigh, North Carolina 27626-0535 A o An Equal Opportunity Affirmative Action Employer SS i�'n',ceerreel� A. Pre�J"`y, " Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10%, post -consumer paper Permit No. W00000078 October 31, 1995 I, , as a duly registered Professional Engineer in the State Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 3 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., RE., Director August 30, 1995 Honorable Fred H. Niehoff, Jr., Mayor City of Hendersonville P. O. Box 1670 Hendersonville, North Carolina 28793-1670 Dear Mayor Niehoff: A&4 too A ED FEE F=?L Jillt SEP — 1 1995 U SUBJECT: City of Hendersonville Approval of the Plans & Specifications 1994 Annexation Areas Project No. E-SBF-T-95-0025 The review for completeness and adequacy of the project construction plans and specifications has been concluded by the Construction Grants & Loans Section of the North Carolina Division of Environmental Management. The Construction Inspection Units Biddability/Constructibility comments have been satisfactorily resolved and incorporated into the plans and specifications with the exception addressed in the attached memo from our Construction Inspection Unit regarding traffic control which should be satisfactorily resolved prior to bidding the project. The subject plan documents are hereby approved subject to the following condition: Clear site certificates for all of the necessary easements and rights -of -way to construct the project must be submitted to Mr. Thomas Fahnestock, Assistant Chief, Construction Grants and Loans, for his review and approval prior to the receipt of any disbursements. Eligibility for State Bond Funding has been determined as follows: Construction of approximately 32,750 linear feet of 8-inch sewer line, approximately 196 manholes, sewer service connections, and associated construction. Funding for this project is based on an estimated cost of $2,017,600 and is limited to the proposed total loan amount of $2,017,600 established and approved by the Environmental Management Commission. In the event that received bids exceed this established amount and local funds are not adequate to award contract(s), it will be necessary to consider all alternatives including redesign, readvertising, and rebidding. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer SOY, recycled/ 10%post-consumer paper PAGE 2 Neither the State or Federal Government, nor any of its departments, agencies or employees is or will be a party to the invitation to bids, addenda, any resulting contracts or contract negotiations/changes. In accordance with the Federal Regulations, the Recipient is required to assure compliance with the OSHA safety regulations on the subject project. In complying with this regulatory responsibility, the Recipient should, by letter, invite the Bureau Chief, Education and Training Bureau, North Carolina OSHA Division, 319 Chapanoke Rd., Raleigh, North Carolina 27603 (telephone 919/662-4601), to participate in the Preconstruction Conference to assure that proper emphasis is given on understanding and adhering to the OSHA regulations. It is the responsibility of the Recipient and the Consultant Engineer to insure that the project plan documents are in compliance with Amended N. C. G. S. 133-3 (ratified July 13, 1993). The administrative review and approval of these plans and specifications, and any subsequent addenda or change order, does not imply approval of a restrictive specification for bidding purposes; nor is it an authorization for noncompetitive procurement actions. Any addenda to be issued for subject project plans and specifications must be submitted by the Recipient such that adequate time is allowed for review/approval action by the State, and for subsequent bidder action prior to receipt of bids. It is mandatory for project facilities to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractors' responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable project Permits from the State, including an Authorization to Construct and/or Non -Discharge Permit. While rejection of all bids is possible, such action may be taken only with prior State concurrence, and only for good cause. The Recipient will comply with the utilization of MBE enterprises in accordance with G.S. 143-128(c). Attached is a form (Part B) which is to be completed within 21 days after bids have been received, and submitted to the State for review. It must be accompanied by the documents indicated on the form. Upon review and approval of this information, the State will authorize the Recipient to make the proposed award. No disbursements of funds will be made until the contractor's EEO/MBE participation percentages are submitted. PAGE 3 Two (2) copies of any change order must be promptly submitted by the Recipient to the State. If additional information is requested by the State, a response is required within two (2) weeks, or the change order will be returned without further or final action. One (1) set of the final approved plans and specifications will be forwarded to you. One (1) set of plans and specifications identical to the approved set must be available at the project site at all times. Upon completion of the project construction, the Recipient shall submit a letter confirming that the project has been constructed in accordance with the plans and specifications approved by the State. "As -built" plans will need to be submitted with any changes color -coded on the plans if the above confirmation cannot be made. If there are any questions concerning this matter, please do not hesitate to contact Mr. W. S. Hoffman at (919) 733-6900 Extension 615. Sincerely, ��. ohn R.Blowe, P.E., Chief Construction Grants & Loans Section Attachment cc: McGill & Associates David Barnwell (OSHA) tXsheville3R46halz9 cv Joe Martin Tom Fahnestock Allen Wahab Don Evans Valerie Lancaster Dan Blaisdell DMU SBF of North Carolina rtment of Environment, i and Natural Resources n of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 14, 1995 Eugene R. Cook, President Campgrounds Unlimited d/b/a Twin Ponds RN Park Route 2, Box 39-A Flat Rock, North Carolina 28731 Dear Mr. Cook: . •,�.�� �' � x 11 C) FE F1 Subject: Permit No. WQ0011269 Campgrounds Unlimited d/b/a Twin Ponds R/V Park Twin Ponds R/V Park Sewer Extension Henderson County In accordance with your application received July 7, 1995, we are forwarding herewith Permit No. WQ0011269, dated August 14, 1995, to Campgrounds Unlimited d/b/a Twin Ponds R/V Park for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Michael D. Allen at (919) 733-5083 ext. 547. Sincerely, 00_�_C v A. Pres 00 Howar cc: Henderson County Health Department .Asheville Regional Office, Water Quality Section - Ferrara Engineering, Inc. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 WAn Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Campgrounds Unlimited d/b/a Twin Ponds RN Park Henderson County FOR THE construction and operation of approximately 2,604 linear feet of 6-inch gravity sewer, a 50 GPM pump station with duplex pumps, high water alarms, emergency power receptacle, on -site generator, and approximately 2,040 linear feet of 4-inch force main to serve sixty one (61) lots in the Twin Ponds RN Park and the discharge of 7,320 GPD of collected domestic wastewater into the County of Henderson's existing sewerage system, pursuant to the application received July 7, 1995, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three - feet cannot be maintained, f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (704) 251-6208, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 14. This permit shall become voidable unless the agreement between Campgrounds Unlimited d Twin Ponds RN Park, the County of Henderson, and the City of Hendersonville for the collectio_ and final treatment of wastewater is in full force and effect. Permit issued this the fourteenth day of August, 1995 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Ct C A. Preston Vpward, Jr., P.E , Director Division of avironmental Managemeni By Authority of the Environmental Management Commission Permit Number WO0011269 No. W00011269 14, 1995 ENGINEER'S CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities,,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. FIt of North Carolina rtment of Environment, h and Natural Resources Division of Environmental Management P James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director James S. Erwin, Jr. Mud Creek Water & Sewer District 100 North King Street Hendersonville, North Carolina 28792 Dear Mr. Erwin: July 17, 1995 1 �'• J�� 3 Subject: Permit No. W00011044 Mud Creek Water & Sewer Upward Interchange Project Sewer Extension Henderson County In accordance with your application received May 15, 1995, we are forwarding herewith Permit No. WQ0011044 dated July 17, 1995, to Mud Creek Water and Sewer District for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Liz Kovasckitz at (919) 733-5083 ext. 516. Sincerely, � I� n L-L �t�-J G 1 A. Prestonl Howard, Jr., P.E. cc: Henderson County Health Department 9�s�eviIIe�Iteg"' o a1f©f�ce"�Wafer�Qiialit}1Seettcln Laughter, Austin, & Associates, P.A. P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Mud Creek Water & Sewer District Henderson County iIt", y:10 construction and operation of approximately 1,509 linear feet of 12 inch gravity sewer and 750 linear feet of 8 inch gravity sewer to serve a 100 seat restaurant and a 90 room hotel known as the Upward Interchange Project and the discharge of 15,000 GPD of collected commercial wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received May 15, 1995, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility prior to being discharged into the receiving stream. 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (704) 251-6208, as soon as possible, but in no case more than 24 hours or on the. next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 13. This permit shall become voidable unless the agreement between the City of Hendersonville and Mud Creek Water and Sewer District for the collection and final treatment of wastewater is in full force and effect. Permit issued this the 17th day of July, 1995 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston . oward, Jr., P.E:, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number W Q0011044 Permit No. WQ0011044 July 17, 1995 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 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. f North Carolina rrtment of Environment, it, and Natural Resources ivision of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director U Joe Robert Crowell, President CSR Development Corporation 605 Kanuga Street Hendersonville, North Carolina 28739 Dear Mr. Crowell: 1IL �� [D FEE February 28, 1995 Subject: Permit No. WQ0010536 CSR Development Corporation Saddlebrook Homes Phase 2 Sewer Extension Henderson County In accordance with your application received January 20, 1995, we are forwarding herewith Permit No. WQ0010536, dated February 28, 1995, to the CSR Development Corporation for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Buzz Crosby at (919) 733-5083, extension 527. Sincerely, nn o W1 A. PrestolnHowa cc: Henderson Coin Health Department Ashev' e`sRe`gional ice,,�Wate:,Q_uLty:Section William G. Lapsley and Associates Jr., P.E. �A 3 pq.5 6i!0N a P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 n� An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ! `� O"Zl NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO CSR Development Corporation Henderson County FOR THE construction and operation of approximately 1,211 linear feet of 8 inch gravity sewer to serve 34 - 3 bedroom lots in the Saddlebrook Homes Phase 2, and the discharge of 12,240 GPD of collected domestic wastewater into the Town of Hendersonville's existing sewerage system, pursuant to the application received January 20, 1995, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the Town of Hendersonville Wastewater`Treatment Facility prior to being discharged into the receiving stream. ' ` 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of cc..,.. uction and prior to operation of this Y.,.-.nitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704/251-6208, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 13. This permit shall become voidable unless the agreement between CSR Development Corporation and the Town of Hendersonville for the collection and final treatment of wastewater is in full force and effect. 14. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in accordance with the terms and conditions of this Permit issued this the 28th day of February, 1995 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston oward, Jr., P.E., Director I Division of 93nvironmentaI Management By Authority of the Environmental Management Commission Permit Number WO0010536 No. WQ0010536 ry 28, 1995 ► •► I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. STATE OF NORTH CAROLINA COUNTY OF WAKE OPERATIONAL AGREEMENT Permit No. � THIS AGREEMENT Made pursuant t G.S. 143-215.1(dl and entered into this I-V T day of Q K 19 5 , by and between the North Carolina Environmental Ma agement Commission, an agency of the State of North Carolina, h reinafter known as the COMMISSION; and C.S.R. DEVELOPMENT CORPORATION , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of certain lands lying in HENDERSON County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as SADDLEBROOK HOMES - PHASE 2 (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 dwelling 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 SADDLEBROOK HOMES, (hereinafter Association) a (unit Owners Association) non- profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, for the purpose, among others,. of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desire 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 Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment , collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State and local taxes, and insurance. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance allocated for the facility and shall be part of the yearly budget. 5. In the event of common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 6. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, village county, water and sewer authorititown, es, and 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 a condition of accepting the Development's wastewater. 7. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without have made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said System and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 8. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal system until a permit has been reissued to the DEVELOPER'S successor. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be condition 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 C.S MANAGEMENT COMMISSION` Name ul' CLL BY? A. Pres n Howar , Jr., P Sip Divisio of Environmenta Management JOE CROWELL (D e) Print Name and Title (Date) A FIt of North Carolina"rtment of Environment, h and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director A410 IL EDEHNR 9MCINiater February 20, 1995 Henderson County Utilities Department and Sewer District 101 East Allen Street Hendersonville, North Carolina 28792 Subject: Permit No. W00010546 Mud Creek Water and Sewer District North High School Sewer Extension Henderson County Dear Ms. Wrenn: In accordance with your name change request received January 25, 1995, we are forwarding herewith Permit No. WQ0010546, dated February 20, 1995, to the Mud Creek Water and Sewer District for the continued operation of the subject wastewater collection extension. This permit is being issued to the Mud Creek Water and Sewer District to account for a change of ownership of the subject gravity sewer which was previously approved in Permit No. WQ0007445 issued March 16, 1993 to the Henderson County Board of Education. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447; Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, please contact Mr. Michael D. Allen at, (919) 733-5083. Sincerely, A. Presto oward, Jr., P.E. cc: Henderson County Health Department Henderson County Board of Education MshevillwRegionai Office,--W.aterQuaffy—Section O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 P..9 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Q113:4M (NItZ6]JIGI ENVIRONMENTAL MANAGEMENT COMMISSION 'DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO THE Mud Creek Water and Sewer District Henderson County if C-M V L continued operation of approximately 1,640 linear feet of 8-inch gravity sewer to serve North High School, and the discharge of an additional 0 GPD (19,500 GPD previously allocated in Permit No. W00007445) of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the name change request received January 25, 1995, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 10. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 11. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (704) 251-6208, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 12. This permit shall become voidable unless the agreements between the Mud Creek Water and Sewer District, the City of Hendersonville, and the Henderson County Board of Education for the collection and final treatment of wastewater are in full force and effect. Permit issued this the twentieth day of February, 1995 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION cx A. Preston oward, Jr., P.., Director Division ofEnvironmental Management By Authority of the Environmental Management Commission Permit Number W00010546 PM partFof North Carolina ment of Environment, ealth and Natural Resources ivision of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Jack Webb Easter Rentals-Dellwood Apartments 1050 Greenwood Drive Hendersonville, N.C. 28739 Dear Mr. Webb: A'41 1 C)EHN1=?, December 12, 1994 Subject: Permit No. W00010119 Easter Rentals Dellwood Apartments Sewer Extension Henderson County In accordance with your application received October 7, 1994, we are forwarding herewith Permit No. W00010119 dated December 12; 1994, to Easter Rentals for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Buzz Crosby at (919) 733-5083. Sincerely, ` A. restc@ Howard, , P.E. cc: Henderson Coun �ea1a th0epar'Yttent Ashes e'viIIe1Regional'Of ce Freeland-Clinkscales, Incorporated P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 915083 FAX 919-733-9919 /t An Equal Opportunity Affirmative Action Employer O 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Easter Rentals -Dellwood Apartments Henderson County FOR THE construction and operation of approximately 334 linear feet of 8 inch gravity sewer, and approximately 70 linear feet of 10 inch gravity sewer to serve Dellwood Apartments and the discharge of 30,240 GPD of collected domestic wastewater into the Easter Rentals's existing sewerage system, pursuant to the application received October 7, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. =6z 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. f North Carolina ment of Environment, and Natural Resources of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 7, 1994 Mr. David Thompson, Manager Henderson County 100 North King Street Hendersonville, N.C. 28739 DEC 13looa Subject: Permit No. WQ0010120 Henderson County Mountain Home Industrial Park Sewer Extension Henderson County Dear Mr. Thompson: In accordance with your application received October 7, 1994, we are forwarding herewith Permit No. W00010120 dated December 7, 1994, to Henderson County for the construction and operation of the subject wastewater collection extension. Please be advised of permit condition number 15 which states, "Henderson County shall obtain a standby generator capable of operating the herein permitted pump station in the event of a power failure. Henderson County shall provide a copy of the bill of sale for such generator prior to operation of the subject pump station." This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request Within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you: If you need additional information concerning this matter, please contact Mr. Buzz Crosby at (919) 733-5083. Sincerely, A. Prestog Howard, Jr., P.E. cc: Henderson County Health Department CZAsheville_Rem-gi- oal,Office� WMiaGapsley and Associates `— P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION RTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Henderson County Henderson County 106)"al.l�l construction and operation of approximately 1,433 linear feet of 8-inch gravity sewer, a 200 GPM pump station with duplex pumps, high water alarms, autodialer, portable generator, and approximately 10,323 linear feet of 6-inch force main to serve Mountain Home Industrial Park and the discharge of 54,862 GPD of collected domestic and industrial wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received October 7, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The facilities must be properly maintained and operated at all tunes. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this _-Tequest will be considered on its merits and may or may not be approved. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained, f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704- 251-6208 as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility -.-- Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or _ proposed to be taken to ensure that the problem does not recur. This permit shall become voidable unless the agreement between Henderson County and City of Hendersonville for the collection and final treatment of wastewater is in full force and effect. 15. Henderson County shall obtain a standby generator capable of operating the herein permitted pump station in the event of a power failure. Henderson County shall provide a copy of the bill of sale for such generator prior to operation of the subject pump station. Permit issued this the 7th day of December, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Mal COAL A. PrestJ Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WO0010120 .it No. W00010120 cember 7, 1994 I I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. FI fNorthCarolinas ment of Environment, and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Tom Kilpatrick, Director Water & Sewer Department City of Hendersonville ost Office Box 1760 endersonville, North Carolina 28793 Dear Mr. Kilpatrick: ) 71 JL) eAEEN� [DEHNR November 23, 1994 Subject: Permit No. WQ0010040 City of Hendersonville Carriage Park - Section 25 Sewer Extension Henderson County In accordance with your application received September 19, 1994, we are forwarding herewith Permit No. WQ0010040, dated November 23, 1994, to the City of Hendersonville for the construction and operation of the subject wastewater collection extension. Please be advised of Condition 13 which states that, "No wastewater shall be made tributary to the sewers permitted herein until the pump station and force main permitted under WQ0010038 have been constructed, operational and an Engineer's Certification has been submitted to the Division." This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Ms. Angela Y. Griffin at (919) 733-5083. cc: Henderson County_ Health. Department A'sheviEF ieg onal•Offrce-Water Quality -Section- .: William G. Lapsley & Associates P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer V Sincerely, A. Prestol How, Telephone 919-733-5083 - FAX 91! 50% recycled/ 10% post -consumer paper r NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO City of Hendersonville Henderson County FOR THE construction and operation of approximately 727 linear feet of 8 inch gravity sewer to serve Carriage Park Subdivision - Section 25, and the discharge of 3,600 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received September 19, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. -- 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (704) 251-6208, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 13. No wastewater shall be made tributary to the sewers permitted herein until the pump station and force main permitted under WQ0010038 have been constructed, operational and an Engineer's Certification has been submitted to the Division. 2 This permit shall become voidable unless the agreement between City of Hendersonville and Carriage Park Development Corporation for the collection and final treatment of wastewater is in full force and effect. Permit issued this the 23rd day of November, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION `�' I� A. Prest Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WO0010040 3 WQ0010040 23, 1994 , 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 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 4 Registration No. f North Carolina Trent of Environment, and Natural Resources of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director \\ Mr. Dale A. Hamlin, General Manager /X\ Carriage Park Development Corporation 2827 Haywood Road Hendersonville, North Carolina 28739 Dear Mr. Hamlin: Ah IL � IDEHNR November 23, 1994 Subject: Permit No. W00010038 Carriage Park Development Corp. Carriage Park Subdivision Section 25 Sewer Extension Henderson County In accordance with your application received September 19, 1994, we are forwarding herewith Permit No. WQ0010038 dated November 23, 1994, to Carriage Park Development Corporation for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. ' If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning -this matter, please contact Ms. Angela Y. Griffin at (919) 733-5083. cc: Henderson County Health Department As_ hev leBegin 1a _Office —Water -Quality William G. Lapsley & Associates P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerely, A. Prestd Howar Telephone 919 50% recycled/ 10% pvsruunsumni papei d rf' 17 , Jr.>�IiE• t� NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Carriage Park Development Corporation Henderson County FOR THE construction and operation of a 51 GPM pump station with duplex pumps, high water .alarms, and approximately 1,970 linear feet of 3 inch force main to serve Carriage Park Subdivision - Section 25, and the discharge of 12,240 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received September 19, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being, discharged into the receiving stream. 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. installed_in-accordance=with this -permit; t� hre approved_glans`and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A -copy- fthe-approved plans_ and_specifications`shall-be maintained-on-file-by-the-Permittee•for-a minimum-of_five-yeazs from the date of the completion ofconstruction._� 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained, f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (704) 251-6208, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or 91 waters without treatment of all or any portion of the influent to such station or 9fknowledge ofthe occurrence:� This report must outline the to ensure that the problem does -not recur, -- permit shall beckiury voidable unless the agreement betwccii City of Hendersonville and iage Park Development Corporation for the collection and final treatment of wastewater is in Force and effect. Operational Agreement between the Permittee and the Environmental Management emission is incorporated herein by reference and is a condition of this permit. Noncompliance the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by I Carolina General Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in accordance with the terms and conditions of this Permit. Permit issued this the 23rd day of November, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WQ0010038 3 W00010038 23, 1994 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 Locadon 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 FI Registration No. STATE OF NORTH CAROLINA Permit No.�((�'j3�j COUNTY OF WAKE ( OPERATIONAL AGREEMENT THIS AGREEMEN Made pursuant to G.S. 143-215.1(dl nd entered' into this 023r day of AIOUtynber . 19, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and CARRIAGE PARK DEVELOPMENT CORPORATION a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of certain lands lying in HENDERS014 County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as CARRIAGE PARK - SECTION 25 (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 dwelling 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 CARRIAGE PARK HOME OWNERS ASSOCIATION , (hereinafter Association) a (unit Owners Association) non-profit corporation organized and existing under and by virtue of the laws of the State_ of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desire 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 Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment , collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for. Federal, State and local taxes, and insurance. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance allocated for the facility and shall be part of the yearly budget. 5. In the event of common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 6. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village county, water and sewer authorities, and 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 a condition of accepting the Development's wastewater. 7. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without have made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 8. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal system until a permit has been reissued to the DEVELOPER'S successor. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be condition 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 CARRIAGE PARK DEVELOPMENT CORPORATION MANAGEMENT COMMISSION Name o/f Dev bo elr/C pang � A. Pres_�on Howard, Jr., P.E. Signature Division of Environmental Manaement rV \ DALE A. HAMLIN, GENERAL MANAGER �T (Date) Print Nae and Title ��, / (9 (Date) Ipaof North Carolina rtment of Environment, ealth and Natural Resources vision of Environmental Management B. Hunt, Jr., Governor an B. Howes, Secretary ton Howard, Jr., P.E., Director Mr. Tom Kilpatrick, Director, City of Hendersonville P.O. Box 1760 Hendersonville, N.C. 28793 Dear Mr. Kilpatrick: A'L •A��� A� IDFEE HNF1 November 17, 1994 Water and Sewer Department Subject: Permit No. WQ0010144 City of Hendersonville Carriage Park - Section Six Sewer Extension Henderson County In accordance with your application received October 13, 1994, we are forwarding herewith Permit No. WQ0010144 dated November 17, 1994, to the City of Hendersonville for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Buzz Crosby at (919) 733-5083. cc: Henderson County Health Department cAshe_ville:Regional=0ffice-_-`-" William G. Lapsley & Associates 9 P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO City of Hendersonville Henderson County FOR THE construction and operation of approximately 2,517 linear feet of 8:inch gravity sewer to serve Caniage Park - Section Six and the discharge of 15,840 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received October 13, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement 1wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704- 251-6208 as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the 17th day of November, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston' -Howard, Jr., P.E., Director / Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WQ0010144 No. WQ0010144 ber17,1994 : GR I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, , for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 3 f North Carolina Trent of Environment, and Natural Resources of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director �)_. ,k� odore D. Robinette, Owner Village Mobile Home Park S. Church Street dersonville. N.C. 28739 Dear Mr. Robinette: [DEHN1=?L September 30, 1994 Subject: Permit No. WQ0009836 Maple Village Mobile Home Park Sewer Extension Henderson County In accordance with your application received August 8, 1994, we are forwarding herewith Permit No. WQ0009836 dated September 30, 1994, to Maple Village Mobile Home Park for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Buzz Crosby at (919) 733-5083. cc: Henderson County Health Department Shevill .IREgional Office William G. Lapsley & Associates 0 1 P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerely, A. PrestIlHoward, Jr., P.E. Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVH2ONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Maple Village Mobile Home Park Henderson County FOR THE construction and operation of approximately 482 linear feet of 8-inch gravity sewer to serve Maple Village Mobile Home Park and the discharge of 5,600 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received August 8, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. The facilities must be properly maintained and operated at all times. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704- 251-6208 as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 13. This pernrit shall become voidable unless the agreement between Maple Village Mobile Home Park and the City of Hendersonville for the collection and final treatment of wastewater is in full force and effect. Permit issued this the 30th day of September, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Roward, Jr., P.E., Director / Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WO0009836 •111•: • 'C CERTIFICATION , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 3 Fe e of North Carolina - partment of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 31, 1994 Ur. Tom Kilpatrick, Director Water and,Sewer Department City of Hendersonville P.O. Box 1760 Hendersonville, N.C. 28793 A IT NA EL �EHNR Subject: Permit No. WQ0009794 City of Hendersonville Blue Ridge Villas Sewer Extension Henderson County Dear Mr. Kilpatrick: In accordance with your application received July 29, 1994, we are forwarding herewith Permit No. WQ0009794 dated August 31, 1994, to the City of Hendersonville for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Buzz Crosby at (919) 733-5083. cc: Henderson County Health -Department !Asheville Regional Office William G.Lapsley & Associates C� P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerely, //�� �mm t lJ.�0E. A. Prest,`����j Howard, J ., P.E. 4 Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10 % post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO City of Hendersonville Henderson County 001" Yom construction and operation of approximately 740 linear feet of 8- inch gravity sewer to serve Blue Ridge Villas and the discharge of 0.0 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received July 29, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville - Balfour Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704- 251-6208 as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the 31st day of August, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION rM A. Preston Lard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WO0009794 3 Permit No. WQ0009794 August 31, 1994 Q FAINEW 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 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. El of North Carolina FItea� rtment of Environment, hh and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 31, 1994 Mr. F.A. Norwood, President Windsor/Aughtry Company Post Office Box 16449, Station B Greenville, South Carolina 29605 Subject: Permit No. WQ0001945 Windsor/Aughtry Company Blue Ridge Villas Sewer Extension Henderson County Dear Mr. Norwood: In accordance with our August 31, 1994 telephone conversation, we are forwarding herewith Permit No. WQ0001945, dated August 31, 1994, to the Windsor/Aughtry Company for the continued operation of the subject wastewater collection extension. This permit is being reissued to eliminate the 66 GPM pump station and 857 linear feet of 3.5 inch force main previously permitted. This permit shall be effective from the date of issuance until rescinded, shall void permit number WQ0001945 issued September 19, 1989, and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications were previously forwarded to you. If you need additional information concerning this matter, please contact Mr. Buzz Crosby at (919) 733-5083. cc: Henderson County Health Department Asheville Regional Office P.O. B x 9535, Raleigh, North Carolina 27626-0535 Wn Equal Opportunity Affirmative Action Employer Sincerely, ca(`' A. Pies Howard, Jr., P.E. Telephone 919- 50% recycled/ 10, 1, NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION LRTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Windsor/Aughtry Company Henderson County FOR THE continued operation of approximately 3,349 linear feet of 8 inch gravity sewer to serve the Blue Ridge Villas, and the discharge of 25,800 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to your telephone request of August 31, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. 'This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated, in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. Failure to abide by die conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 10. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 11. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704/251-6208 as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 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 1w b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 12. This permit shall become voidable unless the agreement between Windsor/Aughtry Company and the City of Hendersonville for the collection and final treatment of wastewater is in full force and effect. 13. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. The Operational Agreement previously forwarded to the Windsor/Aughtry Company with the initial issuance of the permit is still considered to be in full force and effect. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in accordance with the terms and conditions of this Permit. WENT COMMISSION Division of Environmental Management By Authority of the Environmental Management Commission Permit Number W00001945 Fto of North Carolina epartment of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor JpnalftanB. Howes, Secretary Pr to Howard, Jr., P.E., Director r. Gerald N. Harris P.O. Box 1269 Etowah, NC 28729 Dear Mr. Harris; IT A&4 Ao sk �EHNR September 13, 1994 Subject: Permit No. WQ0009732 Sharons Crossing Subdivision Sewer Extension Henderson County In accordance with your application received July 18, 1994, we are forwarding herewith Permit No. WQ0009732 dated September 13, 1994, to Mr. Gerald N. Harris for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Randy Kepler at (919) 733-5083. cc: Henderson County Health Department slteviile,RegiortakQff cep William G. Lapsley & Associates, P.A. Sincerely, t1J A. Presto Howard, Jr., P.E. 0 SEP 191oen P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMIS9ION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Mr. Gerald N. Harris Henderson County FOR THE construction and operation of approximately 2,100 linear feet of eight inch gravity sewer, a 25 GPM pump station with duplex pumps, high water alarms, and approximately 1,050 linear feet of two inch force main to serve 40, two bedroom homes is the Sharon Crossing Subdivision and the discharge of 9,600 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received July 18, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data.. 3. The facilities must be properly maintained and operated at all times. Q Facility prior to being discharged into the receiving stream. 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained, f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704- 251-6208, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 2 is permit shall become voidable unless the agreement between Mr. Gerald N. Harris and .y of Hendersonville for the collection and final treatment of wastewater is in full force ect. The and e Operational Agreement between the Permittee and the Environmental Management mmission is incorporated herein by reference and is a condition of this permit. Noncompliance di the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in accordance with the terms and conditions of this Permit. Permit issued this the thirteenth day of September, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION l _�— �.•oo A. Preston Lard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number W00009732 ,mit No. WQ0009732 eptember 13, 1994 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 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. 0 STATE OF NORTH CAROLINA COUNTY OF WAKE Permit No.W � ODUq 1 21) OPERATIONAL AGREEMENT �o ,C f1 L a� THIS AGREEMENT Made pursuant to G.S. 143-215.1(dl) and entered into this day of 19 , by and between the North Carolina Environmental Management Commission, an ft� agency of the State of North Carolina, hereinafterknown as the 2C Z3. COMMISSION; and GERALD N. HARRIS , a corporation/general partnership registered/licensed to do business o in the State of North Carolina, hereinafter known as the DEVELOPER. -'o E= WITNESSETH: 1. The DEVELOPER is the owner of certain lands lying in HENDERSON County, upon which it is erecting and will erect, dwelling units and other improvements, said development to be known as SHARONS CROSSING SUBDIVISION , (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 dwelling 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 SHARONS CROSSING , (hereinafter Association,),a (unit Owners Association) non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desire to assure that the Disposal System of the Development is properly constructed', mai-ntained 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 Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment , collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State and local taxes, and insurance. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance allocated for the facility and shall be part of the yearly budget. 5. In the event of common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 6. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village county, water and sewer authorities, and 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 a condition of accepting the Development's wastewater. 7. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without have 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. B. 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. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be condition 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 GERALD N. HARRIS MANAGEMENT COMMISSION Name of Developer/C mpany 1 By: A. Prestion Howar , Jr., P. re Division of Environmental Management l J �r1 •'I (! 09ALb N. kAdl' bu!NEtz Print Name and Title (Date) of North Carolina Iment of Environment, i and Natural Resources n of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 15, 1994 The Honorable Fred Niehoff, Mayor City of Hendersonville Post Office Box 1670 Hendersonville, North Carolina 28793 A14 IDEHPsi I=1 Subject: Permit No. WQ0009715 City of Hendersonville Spring Arbor, Assisted Living Center R�� 181994 Sewer Extension Henderson County Dear Mayor Niehoff: In accordance with your application received July 14, 1994, we are forwarding herewith Permit No. WQ0009715 dated August 15, 1994, to the City of Hendersonville for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. John Seymour at (919) 733-5083. Sincerely, A. Prest n Howard, Jr., P.E. cc: Henderson County Health Department �heville-Regional_Offrce _ William G: Lapsley & Associates P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 �An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO City of Hendersonville Henderson County FOR THE construction and operation of approximately 140 linear feet of 8 inch gravity sewer to serve the City of Hendersonville's Spring Arbor 60 bed Assisted Living Center and the discharge of 3,600 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received July 14, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of ck...,:ruction and prior to operation of thi; witted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704/ 251-6208 as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the 15th day of August, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION J A. PrestA Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number W00009715 2 No. WQ0009715 15, 1994 ► •► I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. FIt of North Carolina rtment of Environment, h and Natural Resources Division of Environmental Management 7V \ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Pre s ard, Jr., P.E., Director UI he Honorable Fred H. �J City of Hendersonville P.O. Box 1760 Niehoff, Jr., Mayor Hendersonville, NC 28793 Dear Mayor Niehoff: June 30, 1994 [DFEE HNF=?L Subject: Permit No. WQ0009479 City of Hendersonville Carriage Park - Section 3, Phase 2 Sewer Extension Henderson County In accordance with your application received May 16, 1994, we are forwarding herewith Permit No. WQ0009479 dated June 30, 1994, to the City of Hendersonville for the construction and operation of the subject wastewater collection extension. Please be advised that the waters which may be impacted in the event of a power failure at the pump station permitted herein are classified as C. The City of Hendersonville has provided a letter of power reliability from Duke Power Company and storage calculations for the pump station which would allow sufficient reaction time to prevent an overflow in the event of a power failure. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. John A. Kuske III at (919) 733-5083. cc: Heridlerwii-C-minty Health De artm t 4WFeVe Reg f FE0110fli William G. Lapsley & Associates, P.A. 0. Box 29535, Raleigh, North Carolina 27626-0535 V An Equal Opportunity Affirmative Action Employer Sincerely, Te 5( NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with tameprovisions of nded, and other pplicablele 21 of Chapter 143, General Statutes Laws, Rules, and Regulations f North Carolina as PERMISSION IS HEREBY GRANTED TO THE City of Hendersonville Henderson County FOR TIE construction and operation of approximately 1,680 linear feet of 8 inch gravity sewer, a 36 GPM pumto p serve Carriage with duplex e ex pumps, high water Ph ealarms, anddthepdischargeyof98,640 GPD of collected dom7 linear feet of 2 inch force estic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the applicadata tion received subsequently filed an16, nd approved by thein tDepartme with thet f Environlan,m ent, nt, Health and Natural ations, and other supporting and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: I. 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 2. application spermit and other supportinwith g data. respect to the nature and volume of wastes described in the 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. r the ties to 5 This or thete transferable. iange of the Permittee, a formal permit request must change is not must be submitted ed toth re is a name e Division of Environmental Management accompanied by an application fee, documentation ofrthis the parties involved, and other supporting materials as may be appropriate. The app request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained, f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704/251-6208, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or 2 b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the 30th day of June, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION U. n o A. Preston oward, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number W00009479 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 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. 0 e of North Carolir__ epartment of Environment, Health and Natural Resources Division of Environmental Management rues B. Hunt, Jr., Governor nathan B. Howes, Secretary Preston Howard, Jr., P.E., Director April 18, 1994 David Thompson, County Manager County of Henderson 100 North King Street Hendersonville, NC 28792 Dear Mr. Thompson: Subject: Permit No. WQ0009046 County of Henderson Appleland Business Park Sewer Extension Henderson County In accordance with your application received February 25, 1994, we are forwarding herewith Permit No. WQ0009046, dated April 18, 1994, to the County of Henderson for the construction and operation of the subject wastewater collection extension. This petnut shall be effective from the.date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Ray Cox at (919) 733-5083. cc: Henderson County Health -Department sbexille:Regi6nal•Office William G. Lapsley & Associates, P.A. P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerely, r� a A%A. Pres n Howard, Jr., P.E. Telephone 919-733-5083 FAX 919-733-9919 50 /o recycled/ 10% post -consumer paper 31 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO County of Henderson Henderson County FOR THE construction and operation of approximately 1,400 linear feet of 8-inch gravity sewer to serve Appleland Business Park, and the discharge of 22,000 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received February 25, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 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. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. 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 Pemuttee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction, 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as maybe required by this Division, such as the construction of additional or replacement wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704/251-6208, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 13. This permit shall become voidable unless the agreement between the County of Henderson and the City of Hendersonville for the collection and final treatment of wastewater is in full force and effect. Permit issued this the 18th day of April, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston oward, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WO0009046 2 Permit No. WQ0009046 April 18, 1994 ENGINEER'S CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. d•n„`o RECEIVED W Water Quality Section @� FEB 0 - 1990 State of North Carolina Asheville Regional Office Department of Environment, Health and Natural ResourceAsheville, florth Carolina Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director February 8, 1990 The Honorable Don Michalove, Mayor City of Hendersonville P.O. Box 1670 Hendersonville, NC 28793 Subject: Permit No. WQ0002955 City of Hendersonville Carriage Park Section Two Sewer Extension Henderson County Dear Mr. Michalove: In accordance with your application received January 12, 1990, we are forwarding herewith Permit No. WQ0002955, dated February 8, 1990, to the City of Henderson for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Box 11666, Raleigh, NC 27604. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. William Barlow at 919/733-5083. (1rely, ML4�. t . George T. Everet cc: Henderson Coun e lth Department Laughter, Austin and Associates, P.A. 41 Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA i ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO City of Hendersonville Henderson County FOR THE construction and operation of approximately 2,897 linear feet of 8-inch gravity sewer to serve Carriage Park - Section Two and the discharge of 10,800 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received January 12, 1990, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of the surface waters of the State. tion of construction and prior to operation of this permitted facility, a lust be received from a professional engineer certifying that the permitted een installed in accordance with this permit, the approved plans and Mail the certification to the Permits and Engineering Unit, P.O. Box 27687, :7611-7687. A copy of the approved plans and specifications shall be maintained on file by the Pemuttee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 12. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone no. 704/251-6208 as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or breakage, etc. b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following fist knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the 8th day of February, 1990 CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION By Authority of the Environmental Management Commission E Permit No. WQ0002955 February 8, 1990 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration 3 State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor February 10, 1989 William W. Cobey, Jr., Secretary The Honorable Don Michalove, Mayor City of Hendersonville PO Box 1670 Hendersonville, NC 28793 SUBJECT: Permit No. WQ0001153 City of Hendersonville Lake Pointe Landing Sewer Extension Henderson County Dear Mayor Michalove: R. Paul Wilms Director In accordance with your application received February 2, 1989, we are forwarding herewith Permit No. WQ0001153, dated February 10, 1989, to the City of Hendersonville for the construction and operation of the subject wastewater collection system extensions. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. Unless such demands are made this permit shall be final and binding. One (1) set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Ms. Rosanne Barona, telephone No. 919/733-5083, ext. 549. cc: Henderson County Health Department V William G.1 e& A'c�iYakt._. es Sincerely, / Pain �riz�Crc�7 7� RECEIVED Water Quality Section FEB 15 1989 P.O. Box 27687, Raleigh, Notth Carolina 27611-7687 Telephone 919-733-7015 Asheville Regional Office An Equal Opportunity Affirmative Action Employer ,Asheville, North Carolina NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT RALEIGH P E R M I T For the discharge of Sewage, Industrial Wastes, or Other Wastes 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 City of Hendersonville Henderson County FOR THE construction and operation of approximately 3,630 linear feet of 8-inch gravity sewer, a 90 GPM pump station with dual submersible pumps, air relief valve, high water alarms, and approximately 2,000 linear feet of 4-inch force main to serve Lake Pointe Landing and the discharge of 62,040 GPD of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received February 2, 1989, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Natural Resources and Community Development and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the approved plans, specifications and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities shall be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the Balfour Wastewater Treatment Plant prior to being discharged into the receiving stream. 5. This permit is not transferable. 6. Construction of the sewers shall be so 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. :ompletion of construction and prior to operation of this permitted Cty, a certification must be received from a professional engineer Eying that the permitted facility has been installed in accordance with the cements of this permit and the approved plans and specifications. Mail the ication to the Permits and Engineering Unit, P.O. Box 27687, Raleigh, N.C. 27611-7687. 8. A set of approved plans and specifications for the subject project must be retained by the applicant for five (5) years after completion of construction. Permit issued this the loth day of February, 1989. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. W00001153 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for the (Name or Location) hereby state that, to the best of my (Project Owner) abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No.