HomeMy WebLinkAboutWQ0032016_More Information (Requested)_20211102ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
November 2, 2021
KATHY VAN TASSELL — HOA PRESIDENT
THE VIEWS AT ROSE HILL HOMEOWNERS ASSOCIATION, INC.
C/O ALTAMUS, LLC
1 PAGE AVENUE — SUITE 270
ASHEVILLE, NORTH CAROLINA 28801
Subject: Application No. WQ0032016
Additional Information Request
Rose Hill Plantation WWTP
Wastewater Irrigation System
Buncombe County
Dear Ms. Van Tassell:
Division of Water Resources' Central and Regional staff has reviewed the application package
received August 31, 2021. However, additional information is required before the review may be
completed. Please address the items on the attached pages no later than the close of business on December
2, 2021.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding items
in Sections A through B, or failure to provide the additional information on or before the above requested
date may result in your application being returned as incomplete.
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with one
electronic copy submitted to my attention at the address below.
If you have any questions regarding this request, please do not hesitate to contact me at (919) 707-
3657 or chloe.11oyd@ncdenr.gov. Thank you for your cooperation.
Sincerely,
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Chloe Lloyd, Environmental Specialist II
Division of Water Resources
cc: Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche (Electronic Copy)
Permit Application File WQ0032016
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
gewm.m eeD^-z\ /' 919.707.9000
Ms. Kathy Van Tassell
November 2, 2021
Page 2 of 2
A. Annual Fee:
Division of Water Resources' records indicate that Permit No. WQ0032016 (Rose Hill Plantation
WWTP) has an overdue annual fee. Pursuant to 15A NCAC 02T .0105(e)(2), the administering and
compliance monitoring fee shall be paid annually.
Accordingly, please remit payment for the following overdue annual fee (invoice attached):
Invoice Number
Invoice Date
Due Date
Annual Fee
2021PR008958
09/02/2021
10/02/2021
$1,310.00
Please visit https://deg.nc.2ov/about/divisions/water-resources/water-resources-permits/wq-epavments
to pay electronically.
B. Operational Agreements:
1. Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement (Form:
HOA) (attached).
2. Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowner's or
Property Owner's Association, submit a copy of the Articles of Incorporation, Declaration, and
By-laws.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
INVOICE
Annual Permit Fee
Overdue
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with
your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facili
operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid
permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is
needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental,
regulatory, or modeling conditions.
Invoice Number: 2021 PR008958
Permit Number: W00032016
Buncombe County
Rose Hill Plantation
The Views at Rose Hill Homeowners Association Inc
Lifestyle Property Management
2 Walden Rdg Dr
Ste 70
Asheville, NC 28803
Notes:
Annual Fee Period: 2021-10-01 to 2022-09-30
Invoice Date: 09/02/2021
Due Date: 10/02/2021
Annual Fee: $1,310.00
1. You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card).
2. If payment is by check/money order, please remit payment to:
NCDEQ - Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh, NC 27699-1617
3. If payment is electronic, please see https://deg.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4. Please include your Permit Number and Invoice Number on all correspondence.
5. A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512.
6. Non -Payment of this fee by the payment due date will initiate the permit revocation process.
7. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee
Coordinator at 919-707-3698.
8. Please verify your facility affiliations using the following link:
http://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/non-discharge-permitting-unit/application
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Invoice Number: 2021 PR008958
Permit Number: WQ0032016
Buncombe County
Rose Hill Plantation
The Views at Rose Hill Homeowners Association Inc
Lifestyle Property Management
2 Walden Rdg Dr
Ste 70
Asheville, NC 28803
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Overdue
Annual Fee Period: 2021-10-01 to 2022-09-30
Invoice Date: 9/2/2021
Due Date: 10/2/2021
Annual Fee: $1,310.00
Check Number:
STATE OF NORTH CAROLINA
COUNTY OF
Permit No.
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of
by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
, a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the 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 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 ASSOCIATION do hereby mutually agree as follows:
I. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
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 ASSOCIATION 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.
FORM: HOA 11-17 Page I of 2
3. The ASSOCIATION 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 fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made
as necessary at any time.
5. 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 ASSOCIATION 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.
6. 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 ASSOCIATION 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.
7. The ASSOCIATION 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
ASSOCIATION's successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. 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
S. Daniel Smith, Director
Division of Water Resources
(Date)
Name of ASSOCIATION
By:
(Signature)
Print Name and Title
(Date)
FORM: HOA 11-17 Page 2 of 2