WQ0011398_Regional Office Historical File Pre 2018

PPSirtate 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., P.E., Director
Mr. William L. Heafner
Piedmont Housing Company
Post Office Box 1732
Li.ncolnton, North Carolina 28093
September 8, 1995
SEP 11.?
DINTS i r r
qa aiI4il.tt : t t FRU
Subject: Permit No. WCO11398
Piedmont Housing Company
Kings Point Subdivision,
Phased&II
Sewer Extension
Cleveland County
tt
Dear Mr. Heafner:
In accordance with your application received August 4, 1995, we are forwarding herewith Permit
No. WQ0011398, dated September 8, 1995,, to Piedmont Housing Company 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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.
Please note condition number five below which states that 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. If the City of Kings Mountain does not assume ownership of the subject sewer and submit a
written request and appropriate fee for a name change, Piedmont housing Company is required by North
Carolina. General Statute (G.S.) 143-215.1 (dl) to form a homeowners' association and enter into an
operational agreement with the Environmental Management Commission (EMC). Failure to do so is
considered a violation of this permit and is enforceable through the EMC. The City of Kings Mountain is
being notified by copy of this permit that the transfer of this permit
a nformaldforhe transfer
r nsrequ of
f and ownership of the
e
subject sewer system is a violation of G.S. 143-215.3(a)O
fee are submitted to the Division of Environmental Management
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 150E 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.
P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

One se of approved plans andspeeif e ti ns is enclosed. If you need add
concerning this matter, please contact Liz se t, at [phone] ext.
516,
cce Cleveland County Health .i ep ent
Mooresville Regional Office, Water , section,
Warren Design Engineering, Inc,
City of Kings Mtn
Sincerely,
. rests

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
Piedmont Housing Company
Cleveland County
FOR THE
construction and operation of approximately 11,42.4 linear feet of 8 inch gravity sewer to serve 169 three
bedroom homes in Kings Pointe Subdivision, Phases I and II,. and the discharge of 60,840 GPD of
collected domestic wastewater into the City of Kings Mountain's existing sewerage system, pursuant to
the application received August 4, 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.
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 Kings Mountain
Pilot Creek 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 shallbe 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 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 Mooresville Regional Office, telephone number
[phone], as soon as poss-ible, 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 Piedmont Housing Company and
The City of Kings Mountain 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 theterms of the Operational Agreement shall subject the Perrnittee to all sanctions provided by
North Carolina General. Statute 1.43-215.6(a) to 143-215.6(c) for violation of or failure to act in
accordance with the terms and conditions of this Permit.

Pe
ssued this the 8th day of September; 1995
NORTH CAROLINA
1
ENTAL ISSION
A. Preston oand ., Direc
Division of Environmen agement
By Authority of the Environmental Management Commissio
Perit Number WQ0011398

Permit No I 1 9
September 8, 1995
t; I ERS CERTIFICATIO
Carolina, having en aut
d
. as a duly registered Professional Engineer ineer in the State of North
to observe (periodically, weekly, full time) the construction f the
project . for the
P c Location
Pe it ee hereby state that, to the hest 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 corripliance and
intent of this pe it, the appro ed plans d specifications, and other supporting materials.
Signature Registration No.
Date

pplir
STATE OF NORTH CAROLINA
COUNTY OF
Commissi
t-4
businsssinthe
ATTNES SETH:
OPLRATIONAL AEMET
This AGREEMEN-1 made pursuant to G.'S, 143-215.1 (di) and entered into dais 1-4 day of
, 19 by and between the North Carolina Environmental Management
ocy of the State of North Carolina, hereinafter known as the COMMISSION; and
L , a corporation/general partnership reg4Steredflicensed to do
of tali Carolina hereinafterknown as the DEVELOPER.
1. The DEVELOPER is the owner of the certain lands lying in ;..-(e-L•Alep County, upon
which it is erecting and will erect dwelling units and other iznprovemens. said developtnant to be Icriown as
Ccet (..43P( (hereinafter the Development).
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 perrnit pursuant to G.S. 143-
215.1 to constrict, 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
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) NJ /A
Association) a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to uni: ownership. including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction and repair.
The COMMSSION 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
water 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 COMMJSSION and DEVELOPER do hereby mutually agree as follows:
, (hereinafter
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 iri accordance with applicable permit provisions and law.
. The DEVELOPER shall not transfer ownership arid/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 Envirorunental Management has inspected and approved of the facilities. In order to change the
name of the permit holder, the DEVELOPER must request that the pemait be reissued to the Association.
The request must include a copy of the Association Bylaws and Declaration.
The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibilityfor
the operaton and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
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The DEVELOPER shall pro de ire the Declaration and Association Bylaws that the Disposal system
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 artd 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.
The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be
maintained out of the cornrnen expenses. In order to assure that there shall be funds readily available to
repair, maintain or conseuct 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,
6. In the event the cotton expense alloca
and maintenance of the Disposal System, the
assessments to cover such necessary costs.
the Declaration and Bylaws shall provide that su
time.
parate fund are not adequate for the construction, repair,
anon and Association Bylaws shall provide for special
shall be no limit on the amount of such assessments, and
special assessments can be made as necessary at any
If a wastewater collection system and wastewater treatment and/or disposal facilityprovided by any city,
town, village, county, water and sewer authorities, or other unit of government sl 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.
S. 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 cone rued
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.
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 COAMISSION 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.
WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
resentative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE EN TRONMENTAL
MANAGEMENT COMM1SSDON
A, Preston
Division
(Mate
i tee
Name of Developer/Corn,pan
Signature
Print
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