WQ0018544_Regional Office Historical File Pre 2018

mate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
P tL DAFT. Op
RESOURCES
JUi 2S 2000
q OF SUM laillEECIER
tannauUi if Mani Dfraf
June 21, 2000
Ak7F7firA
CDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
JEFF DEVINE, AGENT
JOHN WIELAND HOMES & NEIGHBORHOODS OF NORTH CAROLINA, INC.
8325-D ARROWBRIDGE BLVD.
CHARLOTTE, NC 28273
Subject: Permit No. WQ0018544
John Wieland Homes & Neighborhoods
of North Carolina, Inc.
The Magnolias
Wastewater Collection System
Mecklenburg County
Dear Mr. Devine:
In accordance with your application received May 31, 2000, attached is Permit No. WQ0018544,
dated June 21, 2000, to John Wieland Homes & Neighborhoods of North Carolina, Inc. for the
construction and operation of the subject wastewater collection extension.
This permit shall be effective from the date of issuance until rescinded and you shall be subject
to the conditions and Iimitations as specified in the North Carolina Gravity Sewer Design Criteria
adopted February 12, 1996 and the attached 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
for the construction and operation of approximately 1,4/1l linear feet of 8-inch gravity sewer to serve 47
units as part of The Magnolias project, and the discharge of 8,930 GPD of collected domestic
wastewater into the Charlotte Mecklenburg Utilities Department's existing sewerage system, pursuant to
the application received May 31, 2000, and in conformity with the North Carolina Gravity Sewer Design
Criteria.
The sewage and wastewater collected by this system shall be treated in the Charlotte
Mecklenburg Utilities Department Wastewater Treatment Facility (NPDES Permit No. NC0024970)
prior to being discharged into the receiving stream.
This permit shall become voidable unless the agreement between John Wieland Homes &
Neighborhoods of North Carolina, Inc. and Charlotte Mecklenburg Utilities Department for the
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 is a condition of this Permit. Noncompliance with
the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
Carolina General 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.
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

If any parts, requirements, or limitations contained in this permit are unacceptable, you have th
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 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.
The issuance of this permit does not preclude the Perrnittee 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.
If you need additional information concerning this matter, please contact Kristin Miguez at
[phone] extension 524.
Sincerely,
et911/4.Kerr T. Stevens
cc: Mecklerip4r,,,County Health Department
Quality Section
vkKim I" Creed, PA.

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
GRAVITY SEWER COLLECTION SYSTEMS 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 the Division of Water Quality Gravity Sewer Design Criteria adopted February 12,
1996.
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. 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 Water Quality (Division) 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.
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 this permitted facility, a certification
and a copy of the record drawings (i.e., as constructed plans) must be received from a professional
engineer certifying that the permitted facility has been installed in accordance with the Division of
Water Quality Gravity Sewer Design Criteria adopted February 12, 1996, 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 record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Certification and one (1) copy of the "Record Drawings" to the
Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the Record Drawings shall be maintained on file by the Permittee for a minimum of five
years from the date of the completion of construction.
8. Failure to abide by the conditions and limitations contained in this general sewer permit or the
North Carolina Gravity Sewer Design Criteria may subject the Permittee to an enforcement action
by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
1

9. 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.
10. 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 clay,
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 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 (5) 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 twenty-first day of June, 2000
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
err T. Stevens, Dire or
Division of Water Quality _
By Authority of the Environmental Management Commission
Permit Number WQ0018544
2

Permit No. WQ0018544
June 21, 2000
ENGINEER'S CERTIFICATION
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, for the
Project Name Location and County
Permittee hereby states 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, the certificate of coverage, the North Carolina Gravity Sewer Minimum
Design Manual, and other supporting materials.
North Carolina Professional Engineer's seal, signature, and date:
The above Engineer's Certification must be completed and submitted to the address below with one (1)
copy of the "Record Drawings" (i.e., as -constructed plans) of the wastewater collection system. This
project shall not be considered complete nor allowed to operate until this Engineer's Certification and the
"Record Drawings" plans have been submitted. Any wastewater flow made tributary to the wastewater
collection system 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
3

STATE OF NORTH CAROLINA
COUNTY OF M e c �c i e �, 6, ,- 5
A PP l; cct o •, M. �./ Q o o / V-S-3(/
Permit No. W Qoo t SSµ
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 1 Z day of
Tun n t Z Dco , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
a hn W:eland g. cs and kiebG, L0,ha.,/s p-( /VC• , 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 14A k len II, County, upon
which it is erecting and will erect dwelling units and other improvements, saiddevelopment to be known
as /Via „DI;a's (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 DecIaration), 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) ' Th.c Ma ,.Q(; a's hie V-,bp* honA As sacQ,I,',yL,.(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.
CEIV D.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or releaVcrt9ss littyt
for the operation and maintenance of its Disposal System until a permit has been reissued to the
DEVELOPER's successor. r, UH .1 4 200
FORM: DEV 10/99 Page 1 of 2
ton-Disa;,arge Permitting

he 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.
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
MANAGEMENT COMMISSION
err T. Stevens, Director
Division of Water Quality
1e/Z//VD
(Date)
h., W��1and omcs a+�d Nt j 1fo.j„�5 0� NGI G
Name of DEVELOPER
/4.
(Signattire)
z r4 Icvtine La- ncl 1kveLpme.. Anof).
Print Name and Title
(Date)
IL-Z000
FORM: DEV 10/99
Page 2 of 2