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HomeMy WebLinkAboutNC0070394_FORM: HOA 12-23_20240724Willow Brook Run Property Owners' Association, Inc. Post Office Box 182 Linville Falls, North Carolina 28647-0182 Matt Dees, President RECEIVED Patty Cook, Vice President David Huskins, Secretary/Treasurer JU!_ 2 4 22 July 2024 R 0ES NCDEQi�W /n�Q. Mr. Michael Montebello Supervisor, NPDES Branch Chief Division of Water Resources, NC DEQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Mr. Montebello: Please find enclosed a signed and corporate -sealed original of FORM: HOA 12-23 for Permit No: NCO070394 from Willow Brook Run Property Owners' Association, Inc. A recent review of our files indicated that after the P.O.A. purchased the plant from Indian Bend Properties in 2021, FORM: HOA 12-23 was never filed. We are sorry for any inconvenience this may have caused. The P.O.A. recently had a board change, so please update the permit contact information as follows: Matt Dees, Chair Willow Brook Run Property Owners' Association, Inc. PO Box 182 Linville Falls, N.C. 28647-0182 *NOTE: Willow Brook is two words, not one, as currently listed in DEQ records. Yours truly, f j �4, r David Huskins, P.O.A. Secretary Cc: Matt Dees, P.O.A. Chair Patty Cook, P.O.A. Vice Chair Enclosure STATE OF NORTH CAROLINA COUNTY OF &Q N)Permit No. N C U D `7 0 3 9 4) HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this Z Z u'P day of L `1 -2,0 Z-! , by and between the North Carolina Environmental Management Commiss on, an agency of the Nte of North Carolina, hereinafter known as the COMMISSION; and WIL-L.P0 9JqV0XRLA Mopig 000fSoc A-Tib t ,,Ca non-profit corporation organized and existing under and by virtue of th 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 VAAvrJ &WK x. F/ to 0tv LjQs Sac.,A ,OAA (hereinafter the Development); of operating, maintaining, re-constructind 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 Chapter47C or 47F 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 bythe Association except for Federal, State, and local taxes and insurance. FORM: HOA 12-23 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 anytime. 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 mayrequire 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 bythe 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. & 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 eac of the parties named below: Name ofASSOCIATIQN Bv: Michael Montebello �. �t5moo Supervisor, NPDES Branch Chief ;`�O FRS aSs�- '��(Signature) o�'QZ. Division of Water Resources 0,Tj ;� SEAL F .- ✓, 1-> P 4--t9k1 A.) s , S Ci2 .Y-r4r2 . 01989? 2 Print Name and Title (Datej1i,, ► ► , I, � ```� (Date) FORM: HOA 12-23 Page 2 of 2 Jt1i t_vo k/.-- NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY INVOICE Annual Permit Fee III�II!II�IIIII�RIIIINIII�lllll�llllllll Open 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 facility's 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: 2024PR006929 Annual Fee Period: 08/01/2024 to 07/31/2025 Permit Number: NCO070394 Invoice Date: 07/16/2024 Macon County Due Date: 08/15/2024 Willowbrook Park WWTP - ` � � l� Annual Fee: $1,150.00 In^ � MaxH.Hopper I.1 �IZ�W 004 Q�,� POPtAtr• CUJAJ"U & ht4 Willowbrook Run Property Owners Association �_ 1..� l PO Box 182 N Linville Falls, NC28647-0182 ��L��� '.• IOV. Notes: � �SASSOIQ, 1. You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Cara. �'�OQpC�TF C A c� �� I� �O'�sep ¢— 2. If payment is by check/money order, please remit payment to: � r: 8g NCDEQ - Division of Water Resources ,� 19 _ Attn: Animal/Discharge/Non-Discharge Billing 1617 Mail Service Center P �........\� Raleigh, NC 27699-1617 '�i ����` 3. If payment is electronic, please see https://et)ay.deg.nc.gov/wq-L-payments.html to pay electronically. PaymentsItijnahbo 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. The Department cannot accept checks older than 6 months under Uniform Commercial Code 4-404. 7. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 8. Should you need to update any Owner/Permit/Contact information or have any questions regarding this invoice, please send email to dwgepay(&deg nc.gov or you may also contact the following: - NPDES WW Program Administrative Contact at 919-707-3601 or - Annual Administering and Compliance Fee Coordinator at 919-707-3698