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(° 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