HomeMy WebLinkAboutWQ0004115_Renewal Application_20240131Initial Review
Reviewer nathaniel.thorn burg
Is this submittal an application? (Excluding additional information.) *
Yes No
Permit Number (IR) * WQ0004115
Applicant/Permittee Champion Hills Property Owners Association, Inc.
Applicant/Permittee Address 73 Old Hickory Trail, Hendersonville, NC 28739
Is the owner in BIMS? Yes No Is the facility in BIMS? Yes No
Owner Type
Facility Name
County
Fee Category Major
Is this a complete application?*
Yes No
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Organization
Champion Hills WWTP
Henderson
Does this need review by the hydrogeologist? * Yes No
Regional Office
CO Reviewer
Admin Reviewer
Fee Amount $0
Complete App Date
01/31/2024
Below list any additional email address that need notification about a new project.
Email Address
Comments to be added to email notfication
Comments for Admin
Comments for RO
Comments for Reviewer
Comments for Applicant
Submittal Form
Project Contact Information
Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence.
Name* Champion Hills
Email Address*
kreese@rpbsystems.com
Project Information
.........................
Application/Document Type*
New (Fee Required)
Modification - Major (Fee Required)
Renewal with Major Modification (Fee
Required)
Annual Report
Additional Information
Other
Phone Number*
8282511900
Modification - Minor
Renewal
GW-59, NDMR, NDMLR, NDAR-1,
N DAR-2
Residual Annual Report
Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
https://edoes.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type:* Wastewater Irrigation High -Rate Infiltration
Other Wastewater Reclaimed Water
Closed -Loop Recycle Residuals
Single -Family Residence Wastewater Other
Irrigation
Permit Number:* WQ0004115
Has Current Existing permit number
Applicant/Permittee * Champion Hills Property Owners Association, Inc.
Applicant/Permittee Address* 73 Old Hickory Trail, Hendersonville, NC 28739
Facility Name* Champion Hills WWTP
Please provide comments/notes on your current submittal below.
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at nathaniel.thornburg@ncdenr.gov.
Please attach all information required or requested for this submittal to be reviewed here.
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
Champion Hills (WQ0004115) Permit Renewal additional
5.29MB
information 1-31-24.pdf
Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger
than upload limit.
* By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has
been received by the Non -Discharge Branch. Application fees must be submitted by check or money order and made payable to the
North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts
of the application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature
Submission Date 1/31/2024
January 31, 2023
Erick Saunders, Engineer
Division of Water Resources
North Carolina Department of Environmental Qu
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Application No. WQ0004115
Additional Information Request # 1
Champion Hills WWTP
Reclaimed Water System
Henderson County
Erick Saunders,
As per our phone letter dated December 28, 2023, requesting additional information we have
completed the following:
• Revised the Application Form on to the RWS02-21 form.
• Completed an updated Operational Agreement HOA Form
• Operator in Responsible Charge (ORC) has been updated for the WW-2 classification
of the system.
If you need any further information, please contact Craig Galloway at
craig@championhills.com.
Thank you,
Craig Galloway
Director of Grounds and Facilities
Champion Hills POA
1 Hagen Drive � Hendersonville, North Carolina 28739 � 828.696.1962 � championhills.com
DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
1[.y�►[N�K6►�lln N xy A1110510411LI.%r Y 04:AWRI Y 0I0A O N 0401 1131F.1 I
FORM: RWS-R 02-21
Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting
documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A
NCAC 02T .0100, 15A NCAC 02U, and Division Policies. For more information, visit the Water Quality Permitting Section's
Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments uploaded as
a single Portable Document Format (PDF) file to https:Hedocs.deo.nc.2ov/Forms/NonDischar2e-Branch-Submittal-Form-Ver2,
or emailed to Non-Dischar2e.Reports(a)ncdenr.2ov if less than 20 megabytes (MB).
SECTION I —APPLICANT INFORMATION
1.
Applicant: Champion Hills Property Owners Association Inc.
2.
Permit No.: WQ004115
3.
Signature authority: John McGuire
Phone number: (828) 696-1962 Office
Title: President
Email: johnmcquire4(ogmail.com
4.
Mailing address: 73 Old Hickory Trail
City: Hendersonville
State: NC Zip: 28739-
5.
Contact person: Craig Galloway
Primary phone number: (828) 696-1662 Office
Email: craig@championhills.com
Secondary phone number: ( ) - Select
SECTION II — FACILITY INFORMA'
1. Physical address: 377 Chattooga Run
City: Hendersonville
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 35282750° Longitude:-82.527220'
County: Henderson Parcel No.: 9959772
State: NC Zip: 28739-
Method: Address matching
SECTION III — FLOW INFORMATION j or
1.
Permitted flow: 70000 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 70000 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 1885 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 2 % (Divide the average flow in Item 3 by the As -built flow in Item 2)
5.
Wastewater composition: Domestic: 100 % Industrial: % Stormwater: %
SECTION IV — BILLING INFORMATION
1. Billing address: 5 Pine Shadow Drive
City: Hendersonville State: NC Zip: 28739-
2. Verify the Applicant does not have any overdue annual fees:
https://deq.nc. gov/about/divisions/water-re source s/water-re source s-permits/wq-epUments
Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.
FORM: RWS-R 02-21 Page 1 of 6
SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
(NOT APPLICABLE FOR CONJUNCTIVE SYSTEMS)
1. ORC: Karl G. Griffiths Grade: SI Certification No.: 15613
Mailing address: 322 Fairground Ave
City: Hendersonville State: NC Zip: 28792-
Phone number: (828) 697-2651 Cell Email:
2. Back -Up ORC: Danielle Ann Hunter Grade: SI/WW-2 Certification No.: 1007992/23477
Mailing address: P.O. Box 1325
City: Asheville State: NC Zip: 28802-
Phone number: (828) 251-1900 Office Email: dhunterATpbsystems.com
SECTION VI — OPEN -ATMOSPHERE STRUCTURES
1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if
necessary.
Type
Parcel No.
Volume (gal)
Liner Type
Freeboard (ft)
Latitude
Longitude
Treatment
9959772
70,000
Select
2
35.17130
-82.31340
Select
Select
0-
°
Select
Select
0-
°
Select
Select
0-
°
SECTION VII — RELATED PERMITS
1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit.
Attach additional sheets if necessary.
Permit Type
Permit No.
Relationship Type
Discharge
NCO087106
NPDES
Select
Select
Select
Select
Select
Select
SECTION VIII — MONITORING WELLS Am
1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary.
Well Name
Parcel No.
Status
Gradient
Location
Latitude
Longitude
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
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°
- °
Select
Select
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°
- °
Select
Select
Select
°
- °
FORM: RWS-R 02-21 Page 2 of 6
SECTION IX — UTILIZATION FIELDS
1. List all utilization fields associated with the renewing permit. Attach additional sheets if necessary.
Field
County
Parcel No.
Deeded Owner
Area
Cover Crop
Latitude
Longitude
1
Henderson
9969339
Champion Hills
9.14
Turf Grass
35.2853780
-82.5282700
2
Henderson
9969339
Champion Hills
11.27
Turf Grass
35.2881620
-82.5248770
3
Henderson
9969339
Champion Hills
9.21
Turf Grass
35.2928470
-82.5177000
4
Henderson
9969339
Champion Hills
20.35
Turf Grass
35.2919730
-82.5109480
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total Acreage:
49.97
FORM: RWS-R 02-21 Page 3 of 6
ATTACHMENT A — SITE MAP
Was the facility originally permitted or had a major modification issued after September 1, 2006?
❑ Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02U .0201(d). These
requirements are:
❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility -related structures and fences within 500 feet of the treatment, storage, and utilization areas.
❑ Soil mapping units shown on all utilization sites.
❑ Delineation of the compliance and review boundaries per 15A NCAC 02U .0501(a)(6).
❑ Setbacks as required by 15A NCAC 02U .0701.
❑ Site property boundaries within 500 feet of all treatment, storage, and utilization sites.
® No — Skip Attachment A.
ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)?
® Yes — Skip Attachment B.
❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign.
ATTACHMENT C — FLOW REDUCTION
Does the existing permit include an approved flow reduction?
❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow
contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved
flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A
NCAC 02T .0114(I).
® No — Skip Attachment C.
E ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Is the Applicant a Privately -Owned Public Utility?
❑ Yes — Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise.
® No — Skip Attachment D.
I ATTACHMENT E — OPERATIONAL AGREEMENT
Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold?
® Yes (Home/Property Owners' Association) —Pursuant to 15A NCAC 02T .0115(a)(2)I submit an executed Operational Agreement
(FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's
Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws.
❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: DEW Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
❑ No — Skip Attachment E.
FORM: RWS-R 02-21 Page 4 of 6
ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
71sthemapplhicant a municipality, county, sanitary district, or public utility?
Ye— Proceed to the next question.
No — Skip Attachment F.
Does the hydraulic capacity in Section III, Item 4 exceed 70%?
❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to 15A NCAC 02T .01180), prior to exceeding
80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee
shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall
outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system,
elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be
met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other
measures to achieve waste flow reductions.
❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question.
❑ No — Skip Attachment F.
If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%?
❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the
system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all
permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed,
submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future
growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow
reductions.
❑ No — Skip Attachment F.
ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS
Does the Pennittee own all of the land associated with the wastewater collection, treatment, conveyance, and utilization system?
❑ Yes — Skip Attachment G.
® No — Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and utilization system on
property not owned by the Permittee.
ATTACHMENT H — AFFILIATIONS
Are the Permittee's affiliations of record correct? Check affiliations.
❑ Yes — Skip Attachment H.
® No — Provide the corrected affiliations and their contact information.
ATTACHMENT I — COMPLIANCE SCHEDULESIM
Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit)
❑ Yes — Submit documentation that the compliance schedules have been met.
® No — Skip Attachment I.
ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS
Does the Permittee have any existing civil penalties or outstanding violations?
❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request.
❑ Yes (violations) — Submit a copy of your response to the Notice of Violation.
® No — Skip Attachment J.
FORM: RWS-R 02-21 Page 5 of 6
ATTACHMENT K — INDUSTRIAL WASTEWATER
Does the wastewater composition in Section III, Item 5 include any industrial wastewater?
❑ Yes — Proceed to the next question.
® No — Skip Attachment K.
Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of
new materials or chemicals, etc.)?
❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02U .0241L!. Provide an
overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process;
and an overview of the cleaning and treatment methodology.
❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the
manufacturing process; and an overview of the cleaning and treatment methodology.
ATTACHMENT L — SETBACK WAIVERS
Does the existing permit include setback waivers?
❑ Yes — Pursuant to 15A NCAC 02T .0701 i L i, provide setbacks waivers that have been written, notarized, signed by all parties
involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance
with 15A NCAC 02L .0107.
® No — Skip Attachment L.
APPLICANT'S CERTIFICATION
I, o -j AA '6� Xf 5 attest that this application
(Signature authority's name as noted in Section 1, Item 3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application package are not completed, and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120tb � that the applicant, or any
parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned
a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance
schedule in a permit, settlement agreement, or order; not paid an annual fee.
Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106L i. An alternate person may be delegated as
the signing official if a letter is provided pu -uant to 15A NCAC 02T .0106tc i. Pursuant to § 143-215.6A and § 143-215.613, any
person who knowin es any fa a st ent, representation, or certification in any application package shall be guilty of a Class
a in+f+tl�fy of to exceed $10,000 as well as civil penalties up to $2,5,000 prr violation.
2 misdemeanor, whic
Signature:
Date: Z T
THE COMPLETTPPLI( ATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA. -
Email: Laserfiche Upload:
Non-DischarP-e.Rer)ortsa.nedenr.eov httlis://edoes.de.nc.Llov/Forrus/NonDischaree-Branch-
Submittal -Form -Vert
FORM: RWS-R 02-21 Page 6 of 6
Attachment E
STATE OF NORTH CAROLINA
COUNTY OF Henderson Permit No. WQ0004115 _
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 29th day of
January
2024 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Champion Hills Property Owners Association , 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 Champion Hills _
(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:
1. 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 01-20 Page 1 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)
FORM: HOA 01-20
Champion Hills POA
Name "OCI,1 7-4
--t+} !�Y LCt 12 I
� c7 ZPS� G'J�i c�
Print Name and Title
7-- � 7-0
(Date)
Page 2 of 2
Attachment G
C;
EFFLUENT DISPOSAL EASEMENT AGREEMENT
This Effluent Disposal Easement Agreement ("Agreement°) is made and entered by and
between CHAMPION HILLS CLUB, INC., a North Carolina nonprofit corporation ("CLUB")
and CHAMPION HIILS PROPERTY OWNERS ASSOCIATION, INC. ("POA"), a North
Carolina nonprofit corporation.
WITNESSETH
WHEREAS, POA owns and operates certain wastewater collection and treatment
facilities deacdbed on Exhibit "A" (the "Wastewater Facilities+") pursuant to Permit No.
W00004115 issued on October 29,1996, by the State of North Carolina Departma t of
Environment, Health and Natural Resonrms, Division of Water Quality (the "Original Permit")
(the 04W Permit, as it may be amended, renewed, extended, replaced or reissued to POA, its
successors, successors-im-title or assigns, is rdwW to herein as the "Permit," and all references
to specific paragraphs of the Permit herein shell be deemed amended as necessary to reflect the
corresponding paragraphs of any amendment to or replacement of the Original Permit); and
WHEREAS, CLUB is the owner of certain property more particularly described on
Exhibit "B" which is presently operated as a golf course, clubhouse and related facilities ("Club
Property"); and
WHEREAS, the Wastewater Facilities are designed to save the Club Property and the
residential development known as Champion Hills located in Henderson County, North Carolina,
consisting of that real property now and hereafter made subject to that certain Declaration of
Covenants, Conditions and Restrictions for Champion Hills recorded in the public records of
Henderson County, North Carolina on April 10,1992 at Book 796, Page 65, 9L M., as it may be
supplemented and amended (the "Development"); and
WHEREAS, the Club Property Presently includes certain improvements consisting of
ponds, p—ps. pipes. lines. sprmWers and equipment comprising a spray irrigation system fvr the
golf course on Club Property ("Spray Irrigation System"), and
WHEREAS, a portion of the Spray Irrigation System for holes 1, 2, 3, 5, 6, 7, 8,10,11,
12, 13, 14, IS,16 and 18 of the golf course qualifies under the Permit for the disposal of treated
effluent (the "Qualified Effluent Spray Irrigation Facilities"); and
WHEREAS, POA desires to make use of the Club Property and the Qualified Effluent
Spray Irrigation Facilities for the purpose of disposing of treated effluent from the Wastewater
Facilities as required by and in accordance with the Permit; and
31042 P547
WHEREAS, CLUB is able to use treated effluent for irrigation ofthe Chub Property and
desires to have access to the treated effluent from the Wastewater Facilities for such purpose in
order to have an assured supply of water for irrigation of the Club Property in the event of
drought or severe water shortages and in order to avoid the ecpemse of purchasipg water from
other sources in such event; and
WHEREAS, CLUB acimowiedges that it benefits from the operation of the Wastewater
Facilities and desires to grant a non-cwhisive easement to POA over the Club Property for access
to and use ofthe Qualified Meat Spray Irrigation Facilities to collect and dispose of treated
effluent in accordance with the Permit, and is willing to undertake certain responsibilities with
respect thereto in consideration for the use of such treated effluent for irrigation purposes at no
cost to CLUB;
NOW, THEREFORE, for and in consideration ofthe above recitals, which are
incorporated by this reference, the mutual covenants contained berem, and other good and
valuable consideration, the receipt and sufficiency ofwhich the parties do hereby aclmowledge,
and i tendmg to be legally bound heroby, the parties do herby covenant and agree as follows:
1. GRANT OF EASEMENT. CLUB hereby establishes, declares, grants and cotivcys to
POA, its successors and assigns, and POA doer hereby accept, a papetual, non-exclusive
easement appurtenant to the Wastewater Facilities on, ova, under, through and across such
portions of the Club Property as sue reasonably necessary for the purpose of ingress, egress and
access to, and inspectiag, monitoring, testing, maintaining,. repairing, replacing, and operating the
Wastewater Facilities and tho Spray Irrigation System, and for use ofthe Qualified Effluent Spray
Irrigation Facilities for the purpose of disposing of treated effluent from the Wastewater Facilities
in accordance with the Perouit, for determining compliance with the Ponit, and for inspection of
records to be maintained pursuant to the Permit and this Agreement ("Easement"). The Easement
may be exercised by or on bebalf of POA, its successors, successors -in -title, or assigns, and by the
State of North Carolina and any other governmental entity now or hereafter having jurisdiction
and authority over the Wastewater Facilities and the activities contemplated by the Permit
("Governmental Authorities"), by the officers," diraxoi% employees, agents and designees of any
of them.
CLUB hereby expressly reserves for itself; its hears, successors, successors -inn -title and
assigns, all rights and privileges incident to the ownership ofthe fee simple estate ofthe Club
Property and the Spray Irrigation System which are not inconsistent with the rights and privileges
herein granted.
2. OBLIGATIONS OF POA. POA shall be responsible for ensuring compliance with the
Permit and for fulfillment of all responsibilities thereunder, subject to the right to demand that
CLUB fiM its responsibilities pursuant to Paragraph 3 of this Agreement.
0
3 104 2 P 5 4 8 0
3. OBLIGATIONS OF CLUB.
(a) Public Access CLUB agrees to take such steps as are reasonably necessary to
control public access to the land application sites on the Club Property during active spraying of
treated effluent on such sites, which may include posting of signs indicating the activities being
conducted and the location of Bawl activities, and such other means as may reasonably be
requested by POA or otherwise required to comply with the Permit. CLUB shall post a sign in
plain sight in its clubhouse indicating that went spraying activities take place on the Club
Property.
(b) Veg Utive Cover. Runoff. CLUB shall at all times maintain a suitable vegetative
cover on the moray irrigation sites as required to comply with the Permit and implement adequate
measures to prevent wastewater runofffrom the spray irrigation sites as required by the Permit.
(c) l"ia lwe of Sor"Ing Activities. CLUB shall have exclusive control over the
timing of spraying activities, subject to the Permit and this Agreerneet. CLUB shall conduct
spraying activities as necessary to avoid overflow of ponds, ateept that spraying activities shall
not be performed during inclement weather or when the ground is in a condition that will cause
runoff.
(d) Annikation Rats CLUB shall not permit the rate ofapplication oftreated
effluent to exceed that allowed by the Permit.
(e) Buffers In conducting spray irrigation activities, CLUB shall maintain such
buffers as are required by the Permit.
M CLUB shall maintain the Spray Irrigation System in proper
working order at all times. CLUB shall operate and maintain the Qualified Effluent Spray
Irrigation Facilities so that there is no discharge to the surface waters, nor any contamination of
ground waters which will render them unsatisfactory for normal use. In the event that the
Qualified Effluent Spray Irrigation Facilities fag to perform satisfirctonly, including the creation of
nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater,
CLUB shall cooperate with POA in taking such corrective action as may reasonably be required
with reaped to the Qualified Fluent Spray Hngation Facilities.
(g) Monitoring and Record Keening. CLUB shall cooperate with POA in
establishing and carrying out such monitoring and recordkeeping programs as may be required by
the Permit or as otherwise deemed necessary by any Governmental Authorities. CLUB shall
maintain adequate records and CLUB shall furnish such records to POA on such forms as may be
specified by the Permit and in a timely manner as agreed by POA.
In addition, CLUB shall conduct regular inspections of the Qualified Effluent Spray
Irrigation Facilities to insure proper operation and identify any conditions which indicate
noncompliance with standards established under the Permit, pose a threat to human health, or
create a nuisance. CLUB shall maintain an inspection log or summary including at least the date
0
31042 P549.
and time of inspection, observations made, and say maintenance, repairs, or corrective actions
taken, which log shall be maintained for a period of at least three (3) years fiom the date of
inspection and shall be made available upon request to POA and Governmental Authorities.
(h) Modiirr tion of Qualified F.fllueat Snrav IrAution Facilities CLUB shall not
expand, relocate or otherwise make any modifications to the Qualified Effluent Spray Irrigation
Fwlilies without prior written notice to POA and modification of the Permit. POA shall
cooperate with CLUB in seeking any modification to the Permit that CLUB may reasonably
require in order to improve the performance of the Qualified Effluent Spray Irrigation Facilities or
minimize the impact of efuert spray irrigation actimbes on the Club Property.
4. FAILURE TO COMPLY. If either party lima to comply with its obligations hereunder
or under the Permit, or if either party discovers a faihre in the fircilities which are the
responsibility of the other party hereunder, then the non4esponsible party shall have the right,
upon at least five (5) days' prior written notice to the other specifying the nature of the
noncompliance or fiulure and demanding corrective action (except in an emergency situation,
when giving of prior notice is not practical and shall not be requiroll to enter upon the property
of the other and take such action as may reasonably be necessary to sue such noncompliance or
failure. In such event, the responsible party shall be liable to the curing party for all costs
reasonably incurred by the suing party in effecting such cure Nothing herein shall be deemed a
limitation on either patty's ability to enforce this Agreement by any means available at law or in
equity, including a suit for damages or equitable relief.
S. NO WARRANTIES. POA, by execution of this Agreement, acknowledges and affirms
that CLUB does not make any warranty, express or implied, of any kind or any nature whatsoever
with respect to the Club Property or the Qualified Effluent Spray Irrigation Facilities and all such
warranties are expressly disclaimed.
6. 1 1 This Agreement is intended to have perpetual duration, provided, however, if
any of the provisions of this Agreement shall be unlawful, void, or voidable for violation of the
rule against perpetuities, than such provisions shall continue only until twenty-one (21) years after
the death of the last survivor of the now living descendants of Her Royal Ids Elizabeth U,
Queer of England.
7. BINDING AGREI&MENT. This Agreement shall be bindingupon and inure to the
benefit of CLUB and.POA and their respective successors, suceessomin--title and assigns.
Whenever any reference is made in this Agreement to either of the parties, such reference shalt be
deemed to include a reference to the heirs, legal representatives, successors, successors -in -title
and assigns of such party.
S. COVENANTS ILUN WITH THE LAND. CLUB and POA agree that this Agreement
shall be recorded in the Henderson County, North Carolina land records and that all of the
provisions hereof and all of the rights, easements and obligations dated herein shall be and
constitute covenants running with the fee simple estate in the Club Property and the Wastewater
Facilities. Any conveyance of all or any portion of the Club Property or Wastewater Facilities
•
31042
PSSd
shall be subject to the terms and provisions of this Agreement, regardless of whether the
instrument of conveyance refers to this Agreement.
9. RfMURVI A170N. This Agreement shall be governed by and constmed under the
laws of the State of North Carolina.
10. MODIFICATIONS. WAIVERS AND CONSENTS. Modifications, waivers and
consents regarding this Agreement shall be binding only if in writing and signed by the parties
hereto.
IN WITNESS VVHEREOF, the have signed, seated and delivered these presents as
their own free act and deed as of they of /r -P 6 etJ r . 20"
IS�:'IT \\\ice °� 4tf•' wn.w �,,�.,�n7
��•+Y T v O J r� �J
vQb,Y,.
+JI:il/1t11�tt
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
POA. CHAMPION HILLS PROPERTY
OWNERS ASSOCIATION, INC., a North
Carolina nonprofit corrp�ora/ti'on
By: YJl
Attest: -
Its: y,
. I, MSTAL ASskommo t , a Notary %bno for the State and County aforesaid, do
hereby certify that MOd D. ALAMWO personally appeared before me this day and
acknowledged that Mahe is _ Pl'•_, LbQJ r ', of Champion Hilts Property Owners
Association, Inc., a North Carolina nonprofit corporation, and that by authority duly given and as
the act of the corporation, the foregoing instrument was signed in its name by its 3M LD6N i ,
sealed with the corporate seal, and attested by, AJWu S —A. 57V& 5 ou as its
d I LC ?f.FSiDW-r , as an act of and on behalf ofthe corporation.
ee���laremt
Witness my band and official seal this / day of (<bV&7AMt 20 00.
t�
ial seal] Notarylic
My commission expires: bow Farmy R/ 2DOti
[contirmed on next page]
5
•
•
FM
5i
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31042 P 5 5 1
CLUB: CHAMPION HILLS CLUB, INC., a North
Carolina nonprofit corporation
By:
its.
AtIost,
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
L MMSTAL ASS024101 a Notary Public for the State and County aforewd,
do hereby ccr* that ji&jWJR C. jC0 pmonally appeared before me this day and
acknowledged that he/she is 41(K PeGSIDEMr of Champion IM Club, Inc., a North
Carolina nonprofit corporation,— and that by authority duly given and as the act of the corporation,
the foregoing instrument was signed in its name by its VICIE.PM- 09-er sealed with the
corporate seal, and attested by IntnikS IF - R. as its �+ JgeUrol=— -- .aq
an act of and on behalf of the corporation.
,rent m my hand and offieW seal this I day of AAW66y, 20A.
qvipo l l PublicNMy commission expires: 00 Feb
Minh C,4v, ft—d~.'qMfty nth ' w
31042 P 5 5 2 0
EXHIBIT "A"
Description of Wastewater Facilities
The PONs Wastewater Facilities consist of .a Wastewater Collection System and a
Wastewater Treatment System located m Henderson County, North Carolina.
A The Wastewater Qkg ion System includes:
1. Approximately 12 miles of 8 inch diameter PVC sewer mains with associated
easements;
2. Sewer Main connection stubs for most users of the system;
3. Approximately 450 Manholes through which the sewer mains connect; and
4. Eight Lift Stations with associated Farce Mains.
B. The Wastewater Treatment 632W includes -
I. Wastewater Try facilities with a canrent capacity of 70,000 OPD, but
expandable to 140,000 CrPD, at on POA property of approxiasately 2.86 Acres;
2. Two Lift Stations (hdluent and Effluent);
3. One 700,000 gal. Effluent holding pond;
4. One Equipment building;
5. Miscellaneous mechanical and electrical equipment and associated ties;
6. Miscellaneous roads, fenoes and gates.
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31042 P 5 5 3
EXHIBIT "B"
Description of Club Property
The CLUB'S PROPERTY consists of a Clubhouse a Golf Course and
various non -golf Recrea
tional Facilities located in Henderson County,
North Carolina.
A The Clubhouse includes a building which houses various dining
facilities, administration offices, pro -shop, locker rooms, cart and club
storage areas, etc.; plus surrounding grounds, fixtures and
improvements.
B. The Golf Course includes an eighteen hole golf course, various
practice areas, a maintenance facility with offices, equipment, and
supplies plus all associated Land, fixtures, improvements, including,
but not limited to, a golf course irrigation system.
C. The various non -golf Recreational Faalities include a Fitness
Center, a Swimming Pool and Tennis Courts plus all related
fixtures, improvements, equipment, do.
•
Attachment H
North Carolina Department of Environmental Quality
Division of Water Resources
Permit Number: WQ0004115
Permit Type: Reclaimed Water
Facility Name: Champion Hills WWTP
Facility Addressi: 1000 Indian Cave Rd
Facility Address2:
City, State & Zip: Hendersonville, NC 28739
Owner Information Details:
MUST submit a Change of Name/Ownership form to DWR to make any changes to this Owner information.
(Click here for "Change of Name/Ownership"form)
Owner Name: Champion Hills Property Owners Association Inc
Owner Type: Non -Government Owner Type Group: Organization
*** Legally Responsible for Permit ***
(Responsible corporate officer/principle executive officer or ranking elected official/general partner or proprietor;
or any other person with delegated signatory authority from the legally responsible person.)
Owner Affiliation: John McGuire Title: Vice President
POA President
Addressi: 157 Cl iattoocra Rui 73 Old Hickory
Address2:
City, State & Zip: Hendersonville, NC 28739
Work Phone: Fax:
Email Address: johnmcguire4@gmail.com
*** Permit Annual Fee Billing ***
Billing Month: January
Invoice Number Invoice Date Invoice Due Date Invoice Amount Invoice Status
Owner Contact Person(s)
Contact Name Title Address Phone Fax
Email
Craig Galloway Director of Grounds 1 Hagen Dr, Hendersonville, NC 28739 828-696-1662 828-696-2097
craig@chapionhills.com
& Facilities
Facility Contact Person(s)
Contact Name Title Address Phone Fax
Email
Permit Contact Person(s)
Contact Name Title Address Phone Fax
Email
Craig Galloway Director of Grounds 1 Hagen Dr, Hendersonville, NC 28739 828-696-1662 828-696-2097
craig@championhills.com
& Facilities
Permit Billing Contact Person(s)
Contact Name Title Address Phone Fax
Email
Champion Hills 1 Hagen Dr, Hendersonville, NC 28739 800-633-5122
CHinfo@championhills.co
Property Owners
m
Association Inc
Page 1
Permit Number: WQ0004115
Permit Type: Reclaimed Water
Facility Name: Champion Hills WWTP
Facility Addressi: 1000 Indian Cave Rd
Facility Address2:
City, State & Zip: Hendersonville, NC 28739
Persons with Signatory Authority
Tvpe Contact Name Title Address Phone Fax Email
Permit Robert Barr Contact Operations 1 Hagen Dr, Laurel Park, NC 828-696-1962 828-696-8923 rbarr@rpbsystems.com
President 28739-8964
Permit Karl G Griffiths 322 Fairground Ave, 828-697-2651
Hendersonville, NC 28792
Designated Operators
If the designated operators listed below are incorrect or no longer associated with the collection system, the information can be updated by su
a completed 'Operator Designation Form" (Click Here for ORC Designation Form). Please provide specific details as to the changes requested, A
the addition/removal of designated operators. For a// other operator questions or issues, please call 919-807-6353.
Facility Classification: SI
Operator Name Role Cert Type Cert Status Cert # Effective Date
Karl G Griffiths ORC SI Active 15613 10/1/2021
Robert P Barr Backup SI Active 24262 10/1/2021
Danielle Ann Hunter Backup SI Active 1007992 10/1/2021
Kenneth Jason Rummel Backup SI Active 1010634 10/1/2021
W-1