WQ0020317_Regional Office Historical File Pre 2018

Michael F Easley, Governor
Wiliiarn G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Atari
RE SC*
'130RESVILLF •,'''r(3,10NAL
ek, P,E,, Director
Vaier Quality.
Mr. Paul D. Campbell, P.
City of Concord
P. O. Box 308
Concord, North Carolina
Dear Mr. Campbell:
May 1, 2003
E., Director of Engineering
28026
HAY 0 6 2003
-1141 IT"Y APEC4
Subject: Permit No. WQ0020317 (Modification)
City of Concord
Bethel Glen Phase 1 (Formerly Cabarrus
Farms Subdivision)
Wastewater Collection System Extension
Cabarrus County
In accordance with your application received January 30, 2003, we are forwarding herewith Permit No.
WQ0020317, dated May 1, 2003, to the City of Concord for the construction and operation of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded,
shall void Permit No. WQ0020317 issued October 4, 2001, and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated
therein by reference. This permit modification is issued to change the owner of record from T. L. Harrell' s Land
Development Company, Inc, to The City of Concord.
Please pay particular attention to Permit Condition 3 which requires that the wastewater collection
facilities be properly operated and maintained in accordance with I5A NCAC 2H ..0227 or any individual
system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2H ,0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track
Permitting. of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned
herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed
Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -
constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in
accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or
replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer
to the licensing board.
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
arnended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to City of Concord
for the for the construction and operation of approximately 9,099 linear feet of 8-inch gravity sewer, 1,566 linear
feet of 12-inch gravity sewer to serve 195 three -bedroom residential lots as part of the Bethel Glen Phase 1
project, and the discharge of 70,200 gallons per day of collected domestic wastewater into the Water & Sewer
Non -Discharge Permitting Unit Internet http:/fh2o.enr.nc,state.usindpu
1617 Mai! Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50% recycled/10" post -consumer paper

Authority of Cabarrus County's existing sewerage system, pursuant to the application received January 30, 2003,
and in conformity with 15A NCAC 2H .0200; the. Division's Gravity Sewer Minimum Design Criteria adopted
Febniary 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Purnp
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Water & Sewer Authority of
Cabarrus County Wastewater Treatment Facility (NPDES Permit No. NC0036269) prior to being discharged into
the receiving stream.
This permit. shall become voidable unless the agreement between the City of Concord and Water &
Sewer Authority of Cabarrus County for the collection and final treatment of wastewater is in full force and
effect.,
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714., Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Bennie Goetze, Jr., P. E. at
(9 9) 733-5083 extension 375.
Sincerely,
Alan W. Klimek, P.E.
cc: Cabarrus County Health Department
Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0036269)
LandDesi.gn, Inc,
T. L. Hamll's Land Development Co., Inc. 8226 Lost Boy Court, Charlotte, NC 28213
Water & Sewer Authority of Cabarrus County
Water Quality Central Fi1es
NDPU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shali. be subject to the following
specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity
Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials unless specifically mentioned herein.
2. This perrnit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times, The Permittee
shall maintain compliance with an individual system -wide collection system permit for the operation and
maintenance of these facilities as required by 15A NCAC 2H ,0227. If an individual permit is not required,
the following performance criteria shall be met as provided in 15A NCAC 2H .0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land
or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the
surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed prior to January I, 2004 and shall be actively
maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Purnp stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days
per year). Pump stations that are connected to a telemetry system shall be inspected at least once per
week.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time,
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute §143-215.1C.
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to
change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to
the Division accompanied by documentation from the parties involved, and other supporting materials as
may be appropriate. The approval of this request shall be considered on its merits and may or may not be
approved.

5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt
service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface
waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy
of the construction record drawings, as well as supporting design calculations for any pump stations
permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer
certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum
Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as
applicable; and other supporting materials. If this project is to be completed in phases and partially
certified, you shall retain the responsibility to track further construction approved under the same permit,
and shall provide a final certificate of completion once the entire project has been completed. A copy of the
construction record drawings, indicating the facilities constructed in the phase being certified, shall be
submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction
Record Drawings", and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February i 2, 1996 as applicable; the Division's Minimum
Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials may subject the Permittee to an enforcement action by the
Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement facilities.
10. The issuance of this permit shall not exempt the Permitteefrom complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (local, state and federal)
which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200,
erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General
Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A
NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-
1699, 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.
2

Occurrences outside normal business hours, may also be reponed to the DiViSiOn's Ernergency Response
personnel at telephone number (81.)0) 662:7956, [phone], or [phone]. Persons reporting such
occurrences by telephone shall also file a written report in letter form within five days following first
knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure
that the problem does not recur.
Permit issued this the 1st day of May, 2003
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, RE., Director
Division of Water Quality
By Authority of the Environmental Management Commissit)n
Permit Number W00020317

Permit No_ WQ0020317
May 1, 2003
ENGINEER'S CE.RTIFICATI©N
Partial
Final
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,
r°ieet Name
Lion and County
for the
Perrnittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance of this permit:
15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum. Design Criteria for the Fast -Track Permitting
of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's seal, signature, and date:
The above Engineer's Certification shall be completed and submitted to the address below with one copy of the
"Construction Record Draw ncYs" of the wastewater collection system extension as well t s supporting design
calculations for any pump stations permitted as part of this project. This project shall not be considered complete
nor allowed to operate until this Engineer's Certification and all required supporting documentation have been
received. by the Division. Any wastewater flow made tributary to the wastewater collection system extension
prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject
the Permittee to appropriate enforcement actions.
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
4

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
October 4, 2,001
TONEY L. HARRELL
T. L. HARRELL'S LAND DEVELOPMENT COMPANY. NC.
8226 LOST BOY COURT
CHARLOTTE, NC 28213
Dear Mr. Harrell:
NC
R!P MET
NORTH CAROLINA .LJE—#3'APtiefkENt OF' t%7
ENvoRoNmENT AND NATURAL RESOURCES
OCT 0 9 2001
Subject: Permit No. WQ0020317
T. L. Harrell's Land Development Company,
Cabarrus Farms Subdivision
Wastewater Collection System Extension
Cabarrus County
In accordance with your application received July 27, 2001 we are forwarding herewith Permit No.
WQ0020317, dated October 4, 2001, to T. L. Harrell's Land Development Company, Inc. for the construction and
operation of the subject wastewater collection system extension. Please be, advised that issuance of this permit
does not relieve the Perrnittee of an enforcement action for construction of the collection system extension
included hereinTrior to the issuance of the permit to do s©.
This permit shall. be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is
therefore incorporated therein by reference.
Please pay particular attention to Perrnit Condition 3 which requires that the wastewater collection
facilities be properly operated and maintained in accordance with 15.A NCAC 2H .0227 or any individual system-
wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12,. 1996 as applicable; and the, Division's Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,. unless specifically mentioned
herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed
Professional Engineer in the application. It shall be the Permittees responsibility to ensure that the as -constructed
project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance
with North Carolina General Statute §143-21.5.6A through §143-215.6C, construction of additional or
replacement wastewater collection facilities, and/or referral of the North Carolina -licensed. Professional Engineer
to the licensing board.
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules. and Regulations, permission is hereby granted to T. L. Harrell's Land
Development Company,, Inc. for the construction and operation of approximately 9,099 linear feet of 8-inch
gravity sewer. 1.566 linear feet of 1.2-inch gravity sewer to serve 195 three -bedroom residential lots as part of the
Cabarru.s Farms Subdivision project, and the discharge of 70,200 gallons per day of collected domestic
wastewater into the. Water & Sewer Authority of Cabarrus County existing sewerage system, pursuant to the
1617 Mail Service Center, Raleigh., North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

application received July 27, 2001 and in conformity with I5A NCAC 2H .0200; the Division's Gravity Sewer
Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1., 2000 as applicable; and other
supporting data subsequently, filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Water & Sewer Authority of
Cabarrus County Wastewater Treatment Facility (Permit No, NC0036269) prior to being discharged into the
receiving stream.
This permit shall become voidable, unless the agreement between T. L. Harrell's Land Development
Company, Inc. and Water & Sewer Authority of Cabarrus County for the collection and final treatmentof
wastewater is in full force and effect.
The Operational Agreement between the Permittee and the Environmental Management Commission is
incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the
Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes
§143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this
permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request
must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and
filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless
such demands are made, this permit shall be final and binding.
If you need additional information concerningthis matter, please contact Kristin E. Miguez at
[phone] extension 524.
Sincerely,
'egory S. Thorpe, .Ph.D,
cc: Cabarrus County Health Department.
MooresvillegegionalOffice,,„Wate,r Quality Section (WWTF Permit No, NC00.36269)
Land.Design. Inc
Water & Sewer Authority of Cabarrus County (PO Box '428, Concord, NC 28026)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALE1GH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specified conditions and limitations:
I, This pennit shall become voidable unless the wastewater collection facilities are constructed in accordance
with the conditions ofthis permit; .15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity
Sewer Minimum Design Criteria adopted February 12, 1.996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pu .mp Stations and Force Mains adopted June 1, 2000 as applicable;
and other supporting materials unless specifically mentioned herein.
This permit shall be effective only with respect to the nature and volumeof wastes described in the
application and other supporting data.
3. The wastewater collection -facilitiesshall be properly maintained and operated at all times. The Permittee
shall maintain compliance with an individual system -wide collection system permit for the operation and
maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required,
the following performance criteria shall be met as provided in 15A NCAC 2H .0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land
or surface waters, and any contravention of the groundwater standards 15A NCAC 2L .0200 or the
surface water standards in 15A NCAC 2B .0200.
A map of the sewer system .shall he developed prior to Janua
maintained.
1, 2004 and shall. be actively
c, An operation and maintenance plan shall be developed and imple
d. Pump stations that are not connected to a telemetry system shall be inspected at least three times per
week until July I, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A
NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day.
Pump stations that are connected to a telemetry system shall be inspected at least onceper week,
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with
15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General
Statute §143-21.5,IC.
4, This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities
to change. ownership, or there is a name, change of the Permittee, a formal permit request shall be submitted
to the Division accompanied by documentation from the parties involved, and other supporting materials as
may he appropriate. The approval of this request shall be considered on its merits and may or may not be
approved..

5.
Construction of the gravity sewers shall be scheduled so as not to interrupt service by the existing utilities
nor result in an overflow or bypass discharge of wastewater to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of
the construction record drawings, as well as supporting design calculations for any pump stations permitted
as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that
the facilities have been installed in accordance with this permit; 1.5A NCAC 2H .0200; the Division's
Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 20(0 as applicable;
and other supporting materials. If this project is to be completed in phases and partially certified, you shall
retain the responsibility to track further construction approved under the same permit. and shall provide a
final certificate of completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each
partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings",
and one copy of the supporting design calculations to the Non -Discharge .Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Pe
wastewater collection facilities.
0
o the
8 Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1.996 as applicable; the Division's Minimum
Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials may subject the ,Permittee to an enforcement action by the
Division, in accordance with North Carolina General Statutes §143-215.6A. through §143-215.6C,
In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required
by this Division, such as the construction of additional or re -placement facilities.
1.0. The issuance of this permit shall not exempt the Perrnittee from complying with any and all statutes. rules,
regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which
have jurisdiction.. including but not limited to applicable river buffer rules in .15A NCAC Z.B .0200. erosion
and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit
NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H
.0500,
11 Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville regional office, telephone number (704) 663-
1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the
occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or
breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without
treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by, telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report must outline the actions taken or proposed to be
taken to ensure that the problem does not recur.
2

Ps rr rit scud this the fourth day of October.
NORTH CAROLINA F N IRONMENT ANAC' ENT COMMIS, ON
Cxregory J. Thor`pe, PhD Actitir,,
Division of y at r Quality
By Authority of the n ironrn nta
Per i Nu ber 'Q01
rector
anage Co on

Permit. No. WQ0020317
October 4, 2001
N ER'S CERTIFICATION
Partial
Final
1, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction .of the
project, for the
Project Name Location and Counr
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance of this permit.; 15A
NCAC 2H ,0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted
February 12, 1996.as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
,Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials..
North Carolina Professional Engineer's seal, signature, and date:
The above Engineer's Certification shall be completed and submitted to the address below with one copy of the
"Construction. Record Drawings" of the .wastewater collection system extension as well as supporting design
calculations for any pump stations permitted as part of this project. This project shall not be considered complete
nor allowed to operate until this Engineer's Certification and all required supporting documentation have been
received by the Division. Any wastewater flow made tributary to the wastewater collection system extension
prior to completion of this Engineer's Cenificationshall be considered a violation of the permit and shall subject
the Permittee to appropriate enforcement actions.
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
4

ATE OF NORTH CAROLINA
COUNTY OF C.4 V)6 v YLLS Permit No.
This AGREE
Ocifp "foe. r
OPERATIONALAGREEMENT
ade pursuant to G.S. 143-215,1 (di) and entered into this
day of
2-OD, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
T. L. Harrell's Land Development Co., Inc.
, a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in. Cabarrus
County, upon
which it is erecting and will erect dwelling units and other improvements, said developmentto be known
Cabarrus Farms Subdivision
as (hereinafter the Development).
_
2. The DEVELOPER desires, to construct a wa,stewater-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 orshall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit Owners' Association) (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, reconstructing and repairing the com_mon elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DEVELOPER must request that the perrnit be reissued to theAssation. The
request must include a copy of the Association Bylaws and Declaration. rIcL;c IV E D
3 Vie/ATER QUALITY SECTION
The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or releat,ilitwesponsibility
for the operation and maintenance of its Disposal System until a permit has been reittiJeciti tf39C1
DEVELOPER's successor.
Non-Discha
FORM: DEV 10/99 Page 1 of 2 rge remain;

4. , The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System an
appurtenances thereto are part of the common elements and shall thereafter be properl'y maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5 The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System. beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
.- necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
8 Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall
provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said system and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1, 2. 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Registerof 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.
IiN SS 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
MANAGEMENI COMMISSION Name of DEVELOPER
T.L. Harrell
en ,
Division of Water Quality
Clre,J lirre, Pk,L b.,
c
(Date)
(Date)
7'4VVEY L. iff/RA'ELL i_f__R4-,-j-
Print Name and Title
/ RECEIVED
7 /.Z 7/12 WATER QUALITY SECTION
JUL 2 7 20C1
FORM: DEV 10/99
Page 2 of 2 Nan -Discharge Permitting