WQ0023074_Regional Office Historical File Pre 2018

t`-'
0* W A r€4, Michael F. Easley, Governor
William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
N.
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 16, 2003
Mr. Neal Auspitz, Managing Member
Deer Valley, LLC
255 Rolling Hills Road
Mooresville, North Carolina 28115
Subject: Permit No. WQ0023074
Deer Valley, LLC
Norman Drive Townhomes
Wastewater Collection System Extension
Iredell County
Dear Mr. Auspitz:
In accordance with your application received on May 20, 2003, and additional information
received on September 15, 2003, we are forwarding herewith Permit No. WQ0023074, dated
September 16, 2003, to Deer Valley, LLC for the construction and operation of the subject wastewater
collection system 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 This permit shall be effective from the date of issuance until rescinded,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. This cover letter shall be
considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A 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 1)15A NCAC 2H .0200; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996, as applicable; 3) 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 ProfessionalEngineer 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.
Mooresville Regional Office
919 N. Main Street, Mooresville, NC 28115
Internet http:/Th2o.enr.state.nc.usl
Telephone [phone] Fax [phone]
NCDENR
DENR Customer Service Center
Telephone [phone]

Mr. Neal Auspitz
Page 2
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 Deer Valley, LLC for the construction and operation of approximately 743 linear feet of 8-
inch gravity sewer to serve 12 three bedroom condominium units as part of the Norman Drive
Townhomes project, and the discharge of 4,320 gallons per day of collected domestic wastewater into
the Town of Mooresville's Rocky River WWfP (NPDES No. NC0046728) existing sewerage system,
pursuant to the application received May 20, 2003 and in conformity with 15A 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.
This permit shall become voidable unless the agreement between Deer Valley, LLC and the
Town of Mooresville for collection and final treatment of 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 150E of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mali 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 Sonja Williams at (7'04)
663-1699.
Sincerely,
r
for Alan W. Klimek, P.E.
cc: Iredell County Health Department
Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0046728)
Miles Wright, Wright & Associates
Water Quality Central Files
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 shall 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 permit 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 1, 2004 and shall be actively
maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (Le.
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.
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, 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 Permittee 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 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
[phone], 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.
Permit issued this the 16th day of September, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Klim , P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WO0023074

Fast Track Engineering Certification
Permit No. WQ0023074
September 16, 2003
Complete and submit this form to the permit issuing regional office with the following:
• One copyof the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
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. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
D Partial ❑ Final
, 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 Norman Drive
Townhomes, Iredell County project 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 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:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
MOORESVILLE REGIONAL OFFICE
919 N. MAIN STREET
MOORESVILLE NC 28115
The Permittee is responsible for tracking all partial certifications up until a final certification is received. 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.

CI( APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
PAGE 1
USE THE TAB KEY TO MOVE FROM FIELD TO FIELD!
i1. Owner:
Application Number: Z�a��
(to be completed by DWQ) VU aca
fie. Deer Valley, LLC.
Full Legal Name (company, municipality, HOA, utility, etc.)
I1 b. Neal J. Auspitz, Managing Member
Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!)
. The legal entity who will own this system is:
Individual ❑ Federal ❑ Municipality ❑ State/County ❑ Private Partnership ❑ Corporation ❑ Other (specify):
C.;
�.,Street Address
Z` 1f. North Carolina
1 d. 255 Rolling Hills Road
le. Mooresville
City
State _. _
Y 1 h. 704 664-9080 '1 i. 704 664-8437
i,1111F`` Telephone Facsimile
Project (Facility) Information:
lg. 28115
Zip Code
1j. [e-mail]
E-mail
a. Norman Drive Townhomes
Brief Project Name (permit will refer to this name)
Contact Person: -
Ib. lredell
i County Where Project is Located
a. Miles A. Wright, PE
Name and Affiliation of Someone Who Can Answer Questions About this Application
b. 828 465-2205 13c. [e-mail]
Phone Number 1 E-mail
Project is ® New ❑ Modification (of an existing permit) If Modification, Permit No.:
Owner is ❑ Public (skip to Item B(3))
12a. If private, applicant will be:
❑ Retaining Ownership (i.e. store, church, single office, etc.)
❑ Leasing units (lots, townhomes, etc. - skip to Item B(3))
-- ® Selling units (lots, townhomes, etc. - go to Item B(2b))
® Private (go to Item 2(a))
2b. If sold, facilities owned by a (must choose one)
Public Utility (Instruction Ill)
Homeowner Assoc./Developer (Instruction IV)
Town of Mooresville
Owner of Wastewater Treatment Facility (VVWTF) Treating Wastewater From This Project
a. Rocky River WWTP
Name of WWTF
4b. NC0046728
a. Town of Mooresville 15b. 8 inch 5c.
Owner of Downstream Sewer Receiving Sewer Size
. The origin of this wastewater is (check all that apply):
❑ Residential Subdivision
® Apartments/Condominiums
❑ Mobile Home Park
❑ School
❑ Restaurant
❑ Office
❑ Car Wash
❑ Institution
❑ Hospital
❑ Church
O Nursing Home
❑ Other (specify):
\WJTF Permit No.
Permit Number of Downstream Sewer
7. Volume of wastewater to be permitted in this project: 4,320 gallons per day
100 % Domestic/Commercial
% industrial
% Other (specify):
If the permitted flow is zero, indicate why:
❑ Interceptor Line - Flow will be permitted is subsequent permits that connect to this line
❑ Flow has already been allocated in Permit No.
❑ Rehabilitation or replacement of existing sewer with no new flow expected
FTA 02/03

CK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
PAGE 2
Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H
.0219(1) for item B(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than
that in 15A NCAC 2H .0219(1)(1-2) must be approved prior to submittal of this application. Submit a separate request to
the Division of Water Quality, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 in
accordance with 15A NCAC 2H .0219(1)(3).____,
3 Buildings X 4 Units/Building X 3 Bedrooms/Unit X 120 Gals/Bedroom/Day = 4,320 GPD
10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary)
Size (inches)
8
Length (feet)
Gravity or Force Main
(pull down menu)
ENTER TOTAL LINE LENGTH IN MILES a. (14-
743
11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary)
Location 1D Design Flow
as shown on plans) (MGD)
Operational Point
GPM @ TDH
Gravity
Gravity
Gravity
Gravity
Gravity •
Gravity
Gravity
Power Reliability Option
(dual Tine feed, permanent generator w1ATS,
portable generator wlautodiaier, wet well storage)
12. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force
Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable?
® Yes ❑ No If no, please reference the pertinent minimum design criteria or regulation and indicate why a
variance is requested:
SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION
13. Have the following permits/certifications been submitted for approval?
Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes 0 No ® N/A
Sedimentation and Erosion Control Plan? 0 Yes ❑ No ® NIA
Stormwater? D Yes ❑ No ® NIA
FTA 02/03

CK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
PAGE 3
Use the Division's guidance document entitled, 'DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02103
(FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as
necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality
regional office (see instructions for addresses) OR indicate the following:
® A Watershed Classification is not needed because all parts of the project are at least 100 feet away from any down
slope waterbody; AND,
•
® A Watershed Classification is not needed because the design does not depend on wet well storage as a power
reliability option for any pump station near a Class C down slope waterbody.
Location ID Name of Waterbody Stream i Waterbody
on Maw Waterbody County River Basin Index Classification
J
Submit the 8.5" x 11" topographic map as required in Instruction VI regardless of whether a classification is provided!
1
•
Applicant's Certification:
1 attest that this application for Neal J. Auspifz has been reviewed by me and is
accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not
completed and that if all required supporting documentation and attachments are not included, this application package
is subject to being returned as incomplete. Note: In accordance with North Carolina General Statutes 143-215.6A and
143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application
shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10, 000 as well as civil penalties up to
$25, 0Qoper violatio
Signing Official Signature
. Professional Engineer's Certification:
1. attest that this application for Miles A. Wright has been reviewed by me and is accurate,
complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation
to the best of my knowledge. 1 further attest that to the best of my knowledge the proposed design has been prepared in
accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February
12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June
1,. 2000 and the watershed classification in accordance with Division guidance. Although certain portions of this submittal
package may have been developed by other professionals, inclusion of these materials under my signature and seal
signifies that i have reviewed this material and have judged it to be consistent with the proposed design. Note: In
accordance with NC General Statutes 143-215.6A and 143-215.68, any person who knowingly makes any false statement,
representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a tine not to
exceed $10, 000 as well as civil penalties up to $25,000 per violation.
Drate
a. Miles A. Wright, PE
Professional Engineer Name
b. Wright & Associates
Engineering Firm
c. 4190 Hwy. 16 South
Address
2d. Newton
City
g. 828 465-2205
Telephone
NC 2f. 28658
State Zip
2h. 828 465-5878 121. mi![e-mail]
{ Facsimile
E-mail -
ott t t l l! 1 r rW 11/iiir�i//i/
•
Seal`liSi�{i��iat�e`& Date
ir�i��
FTA 02/03

rOF NORTH CAROLINA
OUNTY OF IredeIl PermitNo. WQ 00230/4
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this loth day
of September 2003 , by and between the North Carolina Environmental
Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION;
and Deer Valley. LLC. , 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 the certain lands lying in Iredell County,
upon which it is erecting and will erect dwelling units and other improvements, said development to be
known as Norman Townhomes (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 or 47F 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 Norman Townhome Home Owner's 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, 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.
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 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 permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. 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.
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
t'nr) a ,r. Mr"( T r 1

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 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 Deer Valley LLC.
MANAGEMENT COMMISSION Name of,DEVELO
By:
Alan W. Klimek, P'E., Director (Signature)
Division of Water Quality
09/ I /2-oo3
(Date) (Date)
Neal J. Auspitz
Print Name and Title
9/10/03
�nnr,rnr)

09/16/03
Permit Number WQ0023074
Permit Tracking Slip
Program Category
Non -discharge
Permit Type Fast Track
Gravity Sewer Extension, Pump Stations, & Pressure Sewer
Extensions
Primary Reviewer
sonja.wiiliams
Permitted Flow
4320
Facility
Status Project Type
In review New Project
Version Permit Classification
Individual
Permit Contact Affiliation
Facility Name
Norman Drive Townhomes
Location Address
Owner
Maior/Minor
Minor
Region
Mooresville
County
Iredell
Facility Contact Affiliation
Owner Name
Deer Valley, LLC
Dates/Events
Owner Type
Non-Govemment
Owner Affiliation
Neal Auspitz
255 Rolling Hills Road
Mooresville
NC 28115
Scheduled
Oriq Issue App Received Draft Initiated Issuance
05t20/03
Regulated Activities
Public Notice Issue Effective
Condominium
Outfall NULL
R%t b/93
Requested/Received Events
Additional information requested
Additional information received
Expiration
05/20/03
09/15/03
Waterbody Name Stream Index Number
Current Class Subbasin

Entity Names
uEtpwwww.accic,aly.auay.ut,•...3/ "UAWo ,. , ..i . r•- -
NC
North Carolina
Elaine F. Marshall DEPARTMENT OFTI-IE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
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DEER VALLEY, L.L.C. Legal
Limited Liability Company Information
SOSID: 0499278
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Current -Active
7/8/1999
Domestic
NC
DEC 2080
Agent Name:
Registered Office Address:
Registered Mailing Address:
Principal Office Address:
Principal Mailing Address:
Auspitz, Neal J
255 Rolling Hills Rd
Mooresville NC 28115
255 Rolling Hills Rd
Mooresville NC 28115
255 Rolling Hills Rd
Mooresville NC 28115
No Address
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1 of 1 9/I5/2003 3:46 PM

WRIGHT
ASSOCIATES
b
4190 Hwy. 16 South • Newton.. NC 28658 • (828) 465-2.205 • Fax [phone]'78
Dee Browder
NCDENR
919 N. Main Street
M.00resville, NC 28115
Re: 'Norman Townhomes
Dear Dee,
September 1 II, 2003
31:7'1 5 2003
DEPT.. 0,F EMIlfk TIENT
ANt: NATURAL RRSOURCES
7c4RT-TT,IFT:nn, t TRTIT,TRTIfisf (TT1TFRT:E
Attached are two copies of the submittal package for the Norman Townhome Sewer
Extension Project. This package was sent back to us for a Developer's Operational
Agreement. 1 have included an agreement in the package but not quite sure if we need it
or not.
The developer is responsible for the construction of the project. Once the construction is
completed, then the Town of M.00resville will be assuming ownership and maintenance
of the new lines. The way that we have ,submitted these packages to Raleigh in the past is
to submit a cover letter stating the situation, that the developer will not be maintaining the
lines, and we have not had to submit a Developer's agreement.
Like .1. said above, we have submitted a Developer's operational a,Ireetnentfor the project
in case you do need one..
If you have any questions, please feel free to give me a call.
'fhank you,
C 1 V LIR EiN [NEER S SURVEYOR S

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Neal Auspitz
Deer Valley, LLC
255 Rolling Hills Road
Mooresville, NC 28115
Dear Mr, Auspitz:
Michael F. Easley, Governor
William G. Ross Jr, Secretary
North Carolina department of Environment and Natural Resources
Alan W. Klimek RE., Director
Division of Water Quality
May 20, 2003
7001 2510 0004 8287 6869
Subject: Return of Permit Applicaton Package
Norman Drive Townhome.,
Wastewater Collection Sys'eril Extension
lredell County
The Division of Water Quality's Mooresville Regional Office is unable to accept the enclosed applitation
package (including fee) for review for the following reason(s):
An Operational Agreement was not submitted with application. Form DEV 02/03 is required,
Please note that the item(s) listed above must be included and/or completed prior to resubmitting the
permit application package (with fee) for approval. Your application is being returned as incomplete in
accordance with 15A NCAC 2H .0208. The success of the fast -track approval process depends upon
the receipt of complete and accurate applications. Please make the appropriate corrections and
resubmit the application. The review process will then begin upon receipt of the completed and/or
corrected application.
Please be advised that construction and/or operation of wastewater collection system extension without
a valid permit is a violation of North Carolina General Statute 143-215,1 and may subject the Applicant
to appropriate enforcement actions in accordance with North Carolina General Statute 143-215.6, Civil
penalties of up to $25,000 per day per violation may be assessed for failure to secure a permit required
by North Carolina General Statute 143-215.1.
If you should have any questions regarding the acceptance of your application, please do not hesitate
to contact me at the number shown in our letterhead. Thank you for your cooperation
Enclosures
cc: Engineers name and firm (no enclosures)
Application ratum
Mooresville Regional Office
919 N. Main Street, Mooresville, NC 28115
DENR Customer Service Center
An Equal Opportunity Action Employer
Sincerely,
Dee Browder
Environmental Engineer
Internet http://h2o.enrstate.nc,usi
Telephone [phone] Fax [phone]
Telephone [phone]
50% recycled/10% post -consumer paper

TOWN OF
MOORESVILLE
PLANNING &
ENGINEERING
DEPARTMENT
March 13, 2003
WRIGHT & Associates
Mr. Miles Wright, PE
4190 Hwy. 16 South
Newton, NC 28658
WIOOR
O yea roar _�
Re: Norman Drive Townhomes Flow Acceptance Letter
Miles:
Derek Slocum, El
Civil Engineer
Town of Mooresville
P. O. Box 878
Mooresville, NC 28115
[phone]
Fax [phone]
The Mooresville Town Board had previously approved the above -referenced residential
development and agreed to provide potable water service to and accept the sewer flow
from the Norman Drive Townhomes Project. The Town of Mooresville's Water System
Management Plan submitted approximately July 30, 2000, was approved and assigned
WSMP No. 00-01958. Mooresville's Water Filter Plant PWS ID# is 01-49-015. Both water
and sewer systems are owned and maintained by the Town of Mooresville. Wastewater will
be treated by the Town of Mooresville's Rocky River WWTP, NPDES Permit No.
NC0046728. This project's expected input into the WWTP is 4,320 gpd.
It is your responsibility, as the engineer of record, to certify to the State that construction has
been completed in accordance with the approved plans and specs. The Town will conduct
periodic inspections during construction and will hold a final inspection prior to accepting the
waterlines and sanitary sewer system into the Town's system. Two reproducible (mylar)
copies of the "As -Built" drawings, on CD (compact disc) format, along with your engineer's
certification are required to be submitted to this office prior to acceptance by the Town Of
Mooresville.
We look forward to working with you on this project. Call me at [phone] if you have
questions.
Sin
erek Slocum, El
Civil Engineer

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