WQ0031396_More Information (Received)_20240416

Initial Review
Reviewer
nathaniel.thorn burg
Is this submittal an application? (Excluding additional information.) *
Yes No
If not an application what is the submittal type?* Annual Report
Residual Annual Report
Additional Information
Other
Permit Number (IR) * W00031396
Applicant/Permittee Lake Point Properties on Santeetlah, LLC
Email Notifications
Does this need review by the hydrogeologist? * O Yes OO No
Regional Office
CO Reviewer
Admin Reviewer

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* Jack Minski
Email Address*
[e-mail]
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*
7862713850
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:*
WQ0031396
Has Current Existing permit number
Applicant/Permittee Address*
21500 Biscayne Blvd, Suite 600, Aventura, FL 33180
Facility Name*
Santeetlah Lakeside 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 [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
scanned document04-16-2024-084047.pdf 786.57KB
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 4/16/2024

Memo
Re: Operational Agreement for Permit No. WQ0031396
Applicant/Permittee: Lake Point Properties on Santeetlah, LLC
Permit #: WQ0031396
As requested, please find attached to this memo the signed ❑perational Agreement (Form
❑EV01-20) by Lake Paint Properties on Santeetlah, LLC.
Please advise if anything else is needed.
Sincerely,
Jack Minski

STATE- OF NORTII CAROLINA
COUNTY OF Graham Permit No. 3139(,
OPERA`I'IONAI. AGRI;F.MENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this �9 day of
-A it .2024 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
I_aki I)piLYpertic s on S6tnnr tl.ah,_I.-J .(; __ , a corporation/general partnership registered/licenscd to do
business in the State of North Carolina, hereinafter known as the DFVELOPE'R.
WITN ESS1 '111:
The I)EVELOPI?It is the owner of the certain lands lying in Graham County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Santectlah Lakeside (hereinafter the Development).
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.
The DEVE'LOP1'R 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.
The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through tiling of Declaration of Unit Ownership (hereinafter Declaration), 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 Santccdah Lakeside Owners Association 11, Inc. (hereinafter Association), a
non -pro lit 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.
G. 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, "fI iI;RI:I Oltli, in consideration of the prornises and the benefits to be derived by each of the parties liereto,
the COMMISSION and Dl'sV1sI.OPI?R do hereby mutually agree as follows:
The DE'VE'LOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hercafter 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 DEVELOP1iR shall not transfer ownership and/or control of the Disposal System to the Association
until constructionl has been completed in accordance with the permit and approved plans, and the staff of
the Division of Watcr Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVE1.011ER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The I)EVEWPER 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 DI:VI:I.OPI`R's
successor.
FORM: DEV 01-20 Pagc 1 of

4. The IJEWE' .OPER 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.
The DEV1LOPER 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 fiend shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearly budget.
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,
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 ❑EVELOPEIZ 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 casements as the
governmental unit may require as condition of accepting the Devclopmcnfs wastewater.
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, rcpa'sr and operation of its Disposal System, (lie DE' VELO11ER 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.
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 1)EWE. LOPER 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 W l ER1:OF, this agreement was executed it) duplicate originals by the duly authorized
representative of the parties liereto on the day and year written as indicated by each of the parties named below:
FOIL TI I FNVIRONMHNTA1,
MANAG1;ME'NT COMMISSION
S. Daniel Smith, Director
Division of Water Resources
(Date)
Lake Point Properties on Santectlah, LLC
Namc of DEVELOPER
Bv: j"-'g �G
(Signature)
.hack Minski, Managcr
Print Name and 'Title
4/9/2024
(Date)
FORM: 1)FV 41-20 Page 2 of