WQ0009232_Regional Office Historical File Pre 2018 (2)

e of North Carolina
partment 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
Pete Huntley, Partner
Twin H Developers
620 Fourth Street, SW
Hickory, NC 28602
Dear Mr. Huntley:
June 13, 1994
N.C. DEPT. OF
ENVIRONMENT, Li E., A TH.
& N AT U RAT, RESOU CIES
„AA .17 1994
into EIGISIVA9711.
51110E
Subject: Permit No. WQ000923
Twin H Developers
Walnut Creek Subdivision
Sewer Extension
Catawba County
In accordance with your application received March 24, 1994, we are forwarding herewith Permit
No. WQ0009232, dated June 13, 1994, to Twin H Developers for the construction and operation of the
subject wastewater collection extension.
Please be advised of condition 5, which states, "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 Perrnittee, 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."
This permit shall be effective from the date of issuance until rescinded and shall be subject to the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 Ray Cox at [phone].
Sincerely,
6 Cr)?
A. Prejn Howard, Jr., P.E.
cc: Catawba County Health Department
Mooresville Regional Office
NCDC Corporation
P,a Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION PERMIT
AIS/84,
In accordance with the provisions of Article 21 of Chapter 143, General S
amended, and other applicable Laws, Rules, and Regula
PERMISSION IS HEREBY GRANTED TO
Twin H Developers
Catawba County
FOR THE
694
Carolina as
Vat
construction and operation of approximately 7,620 linear feet of 84nch gravity sewer to serve 109 lots in
Walnut Creek Subdivision, and the discharge of 0 GPD (estimated flow of 39,240 GPD previously
allocated under Permit WQ0006971) of collected domestic wastewater into the City of Newton's existing
sewerage system. pursuant to the application received March 24, 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 Newton
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
supportingmaterials. 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.
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
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 Twin H Developers and the City
of Newton 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 Perrnit. Noncompliance
with the terms of the Operational. Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in
accordance with the terms and conditions of this Permit.
2

ssued this the 1: th day of June, 994
NORTH EN 1• i E
A. Preston o ard, Jr.., RE., Director
Division of Environmental Management
AGE ENT CO
By Authority of the Environmental a rra nt Commission
ber
WQ0009232
SSION

No. Wt,9232
une ,, 1994
ENGINEER'S CERTIFICATC
re ., as a duly registered Professional Engineer in the State of North
Carolina, having been authorized t observe (p riodicall , weekly, full time) construction of the
project, for the
ProjectName,
c tin
Permittee hereby state that, to best o my abilities, due care and diligence was used i.n the observation
of the construction such that the construction was observed to be built within substantial compliance and
intent of this p it, the approved plans and specifications, and other supporting materials.
Signature . istration No.
Date

/111111r
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Permit No.
OPERATIONAL GRZEJENT
THIS AGREEMENT made pursuant to G.S. 143-215.1(dl) and
entered into this 22nd day of
19 94 , by and between the North Carolina EnvirOr1flenta1
Management Commission, an agency of the State of North Carolina,
and
a corporation/general partners
hereinafter known as the COMMISSION;
re ered icensed to do business in the state- of North
Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1.
Catawba
dwelling
known as
The DEVELOPER is the owner of certain lands lying in
County, upon which it is erecting and will erect
units and other improvements, said development to be
Walnut Creek 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 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
*n/a , (hereinafter Association) a non-profit
(Unit Owners Association)
corporation organized and existing. under and by virtue of the
laws of the State of North Carolina, for the purpose, among
others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and
repairing the common elements of the lands and improvements
subject to unit ownership, including the Disposal System; and of
collecting dues and assessments to provide funds for such
operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal
System of the Development is properly constructed, maintained and
operated in accordance with law and permit provisions in order to
protect the quality of the waters of the State and the public
interest therein.
* Sewer Collection will be owned & maintained by the City of Newton after
construction is completed

NOW, THEREFORE, in consideration of the promises and the
benefits to be derived by each of the parties hereto, the
COt ,ISSION 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.
The DEVELOPER shall provide in the Declaration and
Association Bylaws that the Disposal System and appurtenances
thereto are part of the common elements and shall thereafter be
properly maintained and operated in conformity with law and the
provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and
Bylaws shall identify the entire wastewater treatment, collection
and disposal system as a common element which will receive the
highest priority for expenditures by the Association except for
Federal, State and local taxes, and insurance.
4. The DEVELOPER shall provide in the Declaration and
Association Bylaws that the Disposal System will be maintained
out of the common expenses. In order to assure that there shall
be funds readily available to repair, maintain or construct the
Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide
that a fund be created out of the common expenses. Such fund
shall be separate from the routine maintenance allocated for the
facility and shall be part of the yearly budget.
5. In the event the common expense allocation and separate
fund are not adequate for the construction, repair, and
maintenance of the Disposal System, the Declaration and
Association Bylaws shall provide for special assessments to cover
such necessary costs. There shall be no limit on the amount of
such assessments, and the Declaration and Bylaws shall provide
that such special assessments can be made as necessary at any
time.
6. If a wastewater collection system and wastewater
treatrrent and/or disposal facility provided by any city, town,
village, county, water and sewer authorities, or other unit of
governent shall hereinafter b ogre available to serve the

-3-
1111/1111:ent, the DEVELOPER shall take such action as is necessary
to cause the existing and future wastewater of the Development to
be accepted and discharged into said governmental system; and
shall convey or transfer as much of the Disposal System, and such
necessary easements as the governmental unit may require as a
condition of accepting the Development's wastewater.
7. Recognizing that it would be contrary to the public
interest and to the public health, safety and welfare for the
Association to enter into voluntary dissolution without having
made adequate provision for the continued proper maintenance,
repair and operation of its Disposal System, the DEVELOPER shall
provide in the Association Bylaws that the Association shall not
enter into voluntary dissolution without first having transferred
its said system and facilities to some person, corporation or
other entity acceptable to and approved by the COMMISSION by the
issuance of a permit,
8. The DEVELOPER shall not transfer, convey, assign or
otherwise relinquish or release its responsibility for the
operation and maintenance of its Disposal System until a permit
has been reissued to the DEVELOPER's successor.
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 COKN:ISSION 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 na.med below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
.ec or
sion of Envirorurienta
Management
Twin H Developers
*ame of Developer/Company
Pete Huntley, Partner
Print Name and Title
3 2294
(Date) e )