Loading...
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, EDoeuSign9A2E4E8ed by: am` tlh dl 95E206FE... 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 iiuuiiiuuimim muumiiuiii 0 0 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