HomeMy WebLinkAboutWQ0002001_Return Application_201508184
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R, van der Vaart
Secretary
August 18, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J. P. Davis — President
Waters Edge HOA
450 Deer Lake Run
Salisbury, NC 28146
Dear Mr. Davis:
Subject: Application No. WQ0002001
Permit Application Return
Waters Edge HOA
Wastewater Surface Irrigation
Rowan County
This letter is in reference to your permit renewal request received January 15, 2015,
In a letter dated June 17, 2015, Troy Doby of the Water Quality Permitting Section's Non -
Discharge Permitting Unit asked you to provide additional information (copy of letter attached) no later
than the close of business on July 17, 2015. As of today, this information has not been received,
therefore, the Division of Water Resources must return your application as incomplete in accordance with
North Carolina General Statute § 143-215.1.
Please be advised that construction and/or operation of the subject facilities without a valid permit
is a violation of North Carolina General Statute §143-215.1 and may subject the owner/operator to
appropriate enforcement actions in accordance with North Carolina General Statute § 143-215.6A-6C.
Civil penalties of up to $25,000 per day per violation may be assessed for failure to secure a permit
required by North Carolina General Statute § 143-215.1.
When the requested additional information has been obtained, a new application package and
appropriate permit processing fee may be submitted.
If you need additional information concerning this letter, please contact me at (919) 807-6453 or
nathaniel.thornburg@ncdenr.gov.
Sincerely,
rw/ ccctrJ�
Nathaniel D. Thornburg, Supervisor
Division of Water Resources
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-64641 Internet: �:I�I.nodenr.org/wabAu
An Equal Opportunity 1 Affirmative Action Employer— Made in part with recycled paper
Mr. J. P. Davis
August 18, 2015
Page 2 of 2
Enclosure
cc: Mooresville Regional Office, Water Quality Regional Operations Section
Permit File WQ0002001
A VA
r#iDAh
N DENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
J. P. Davis -- President
Waters Edge I IOA
450 Deer Lake Run
Salisbury, NC 28146
Dear Mr. Davis:
Donald R, van der Vaart
Secretary
June 17, 2015
Subject: Application No. WQ0002001
Additional Information Request
Waters Edge POA
Wastewater Surface Irrigation
Rowan County
Division of Water Resources' Central and Regional staff has reviewed the application package received
January 15, 2015. 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 July 17, 2015.
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
Section A, 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 three copies
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) 807-6336 or
troy.doby@ncdenr.gov. Thank you for your cooperation.
Sincerely,
Troy, y, F gineer
Division of Water Resources
cc: Mooresville Regional Office, Water Quality Regional Operations Section
Permit Application File WQ0002001
Non -Discharge Permitting Unit
a 1617 Mal Service Center, Raleigh, North. Carolina 27699-1617
Phone: 9IM07-6464 l Nemet: h tn://aortal.nodenr.oralwebhag
Ao Equal Oppartuniry � Affirmative Action Employe, - Made in part w& recycled paper
Mr, J_ P. Davis
Tune 17, 2015
Page 2 of 2
A. Application:
1. A signed operational agreement between Waters Edge POA must be included in your application
package. Attached is a copy of the operational agreement. Please fill it out and retuni it. A scan
and email of the form is sufficient.
r
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
mwf
NON -DISCHARGE SYSTEM RENEWAL
Dlvlsian aF Water Resources FORM: NDSR 11-13
I. PERMITTEE INFORMATION:
1. Permittee's name; Waters Edge
2. Signature authority's name: J.P. Davis per —T Title: President (HOA)
3. Permittee's mailing address: 450 Deer Lake Run
City: Salisbury State: NC Zip: 28146-
4. Permittee's contact information: Phone number: (704) 797-1447 Email Address: jdavis73acarolina.rr.com
II. FACILITY INFORMATION:
1. Facility name: Waters r
2. Facility's physical address: across street from above address
City: Salisbury State: NC Zip: 28146- County. Rowan
III. PERMIT INFORMATION: RECEIVEDIDENRID I'
I. Existing permit number: WQ0002001 and most recent issuance date; Auust 11, 2006
2. Existing permit type: Wastewater Irrigation J AN 15
3. Has the facility been constructed? ® Yes or ❑ No wale rQuahl )
4. Demonstration of historical consideration for permit approval — Perr> @ Sect'r
Has the Applicant or any parent, subsidiary or other affiliate exhibited the following?
a. Has been convicted of environmental crimes under Federal law or ' .- _...:. - ? D Yes or ® No
b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No
c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No
d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No
e. Has unpaid annual fees in accordance with
Applicant's Certification per
I,
? ❑ Yes or ® No
(Signature Authority's name & title from Application Item 1.2.)
(Facility name from Application Item II.I.)
that this application for
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater
from this nbn-discharge system to surface waters or the land will result in an immediate enforcement action that may include civil
penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a
condition of this permit be violated. I also 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 to me as incomplete.
I farther certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater
facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are
compliant with any active compliance schedule, and do not have any overdue annual fees per
NOTE — In accordance with General Statutes ' and -.._ ` any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed as we] i p ies �t�5,040 per violation.
Signature: Date: Q
FORM: NDSR 1 - Page I of 1
Wage 1 of 5
I00k Page
0779 0593
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NORTH CAROLINA FILED
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ROWAN COUNTY Deaf 6 3:77 M RESTRICTION AGREEMENT
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RNOR ALL MEN BY THESE PRESENTS that High Rock Properties, a
North Carolina General Partnership, does hereby covenant and agree
to and with all persons, firms and corporations hereafter acquiring
any of the property hereinafter described in the form and manner
following:
WHEREAS, High Rock Properties owners of all the Lots in a
subdivided tract of land known as waters Edge, Section V, the plat
or map of said lots being duly recorded in Map Book tF�" S , pages
in the Office of the Register of Deeds for Rowan
County, North Carolina; and
WHEREAS, the lots are so situated as to compromise a
neighborhood unit of the aforesaid subdivision known as Waters Edge
Section IV; and
WHEREAS, it is the intent and purpose of the undersigned to
convey said lots to persons, firms or corporations who will erect
residences thereon to be used for family purposes; and
WHEREAe, the undersigned desires to establish a general plan
pertaining to the enjoyment and use of said lots for the benefit of
said purchasers, and to restrict the use of said lots in a uniform
manner, and to put all persons on notice of such restriction;
NOW, THEREFORE, in consideration of the premises and the
further consideration of the purchase price to be paid by
prospective purchasers of lots in the above -described subdivision
the undersigned does hereby agree that all of the said lots in the
above -described subdivision know as haters Edge, Section IV shall
be subject to the restrictions and covenants hereinafter set forth,
which shall constitute covenants running with the land, and that
all conveyances by the undersigned of lots in the aforementioned
subdivisions shall by reference hereto be made subject to the
following restrictions:
ONE. No building or structure shall be erected, maintained or
occupied upon any lot or building site except one single-family
residential dwelling on each such building site (which shall he
composed of one or more lots), a garage which must be attached to
the dwelling, and a structure for storing boats which may be
detached from the dwelling.
TWO. No dwelling shall have less than 1,200 square feet of
finished -heated living area, exclusive of porches, patios, garage,
breezeways and basement, if any. No dwelling shall exceed two
stories in height.
THREE. No dwelling shall be erected, maintained or occupied
Page 2 of 5
on any lot or building site until and unless the plans and
specifications, including the exterior materials, have been
submitted to and approved by the architectural review committee of
Water's Edge Property Owners Sanitary Sewer Association. For the
purpose of insuring the development of Waters Edge, Section IV, for
an area of high standards, High Rock Properties has established an
architectural control committee for Waters Edge, Section V. The
architectural control committee shall consist of three persons
designated or appointed from time to time by Water's Edge property
Owners Sanitary Sewer Association or its successors, one of whom
shall be appointed from the lot owners of Waters Edge, Section I,
II, 111, IV or V.
No structure shall be erected, placed or altered on any
residential property lot until the proposed building plans shall
have been approved in writing by the architectural control
committee. This restriction includes residences, boathouses,
garages, piers, gazebos or shelters, fences, storage buildings,
swimming pools, and any and all other structures which otherwise
comply with these restrictions and may be erected on an individual
lot. Refusal or approval of plans may be based by the committee
upon any grounds, including purely aesthetic consideration, which,
in its sole and undisclosed discretion, the committee shall deem
sufficient. One copy of all plans and related data shall be
furnished to the committee for its records. If no action is taken
by the committee within 10 days after plans are submitted to it,
the owner may proceed to build without approval.
FOUR. Construction of improvements on a lot once started
cannot be abandoned. The intent of this restriction is to prevent
unsightly and/or hazardous excavations and partially -completed
structures. The normal period of completion for houses shall be
presumed to be one year from the issue date of the building permit.
FIVE. Each lot and any improvements now or hereafter erected
thereon shall be used exclusively for residential purposes and not
for any other purpose whatsoever. No residential occupancy by any
person or any such lot or any part thereof shall occur, even
temporarily, except in a structure complying with tha provisions of
these restrictions and in compliance with the approval of the
architectural review committee. No mobile home, tent or trailer
shall be placed, erected, kept or allowed to exist on said land for
use as a residence either temporarily or permanently.
SIX. No lot may be subdivided into a smaller unit than is
shown on the map recorded in Hook of Maps at Book 9995, rage 2559,
in the Office of the Register of Deeds for Rowan county, North
Carolina, however, lots may be divided into larger units.
SEVEN. No outside toilet or privy shall be erected, placed or
allowed to remain on said land, The methods or manner of disposing
of sewage shall be by septic tank.
I
Page 3of5
EIGHT. No structure of any kind shall be erected within 40
feet of the street right-oE-way upon which the lot abuts.
NINE. No structure shall be located within 10 feet from each
side boundary of each lot. The side yard requirement shall not
apply to any lot line which is common to two lots, or to one lot
and a portion of another lot which comprise a tract or parcel
constituting a single building site, if the two lots are owned by
the same person and that person has signed, acknowledged and had
recorded in the Office of the Register of Deeds for Rowan County,
North Carolina, a declaration that the two lots constitute a single
building site for the purpose of these restrictions.
High Rock Properties, a North Carolina General Partnership,
reserves the right to vary the sideline and frontline restrictions
as set forth in these covenants so long as the variance does not
exceed twenty-five percent (25%) of the side or frontline
restrictions.
TEN. Ali entrance ways from the street to the lot or lots
shall be constructed and maintained in accordance with all
ordinances, rules, regulations and specifications of the North
Carolina Department of Transportation.
ELEVEN. No sign or billboard of any size or description shall
be erected, maintained or displayed in any manner on the land
except "For Rent" and "For Sale" signs not exceeding two feet by
three feet in size.
TWELVE. No noxious activity shall be permitted on or in the
lot nor shall any activity or condition amounting to a nuisance be
carried on or maintained thereon or therein. No distilled
rectified spirits, wine, fermented or malt liquors, or intoxicating
drinks of any kind shall be manufactured, sold or offered for sale
upon said land.
THIRTEEN. No animals, except household pets of such kind and
quantity as Shall constitute an annoyance to neighbors, shall be
kept or maintained on any lot, and no chickens or fowl of any kind
may be kept on the lot.
FOURTEEN. No trash, garbage, ashes or other refuse shall be
thrown or dumped on any lot,
FIFTEEN, No lot shall be used for the purpose of extending a
roadway or street from any of the roads or streets in waters Edge,
Section IV to any adjoining property without the permission of High
Rock Properties.
GIYTEEN. 'these covenants and restrictions are to run with the
land and shall be binding on the parties herein and all persons,
firms or corporations purchasing lots in said subdivision and those
Wage 4 of S
claiming under them until December 31, 2005, at which time the said
covenants and restrictions shall be automatically extended for
successive periods of ten years each, unless by vote of a majority
of the then owners of the lots it is agreed to change said
covenants and restrictions in whole or in part.
SEVENTEEN. Failure by the undersigned or any landowner in
said subdivision or of the High Rock Properties to enforce any
restrictions, limitations or covenants herein contained shall no in
event be deemed a waive of the right to enforce the same
thereafter, either as to the same breach or as to one occurring
prior or subsequent thereto. High Rock Properties shall have the
right, acting on behalf of the lot owners, to enforce these
restrictions and if necessary to proceed in court against the
violator.
EIGHTEEN. invalidation of any of these covenants by judgment
or court order shall in no way affect any of the other covenants,
and the same shall remain in full force and effect.
NINETEEN. No satellite atenna dishes in excess of eighteen
(18) inches in diameter may be installed on any lot. The erection
of a satellite dish must be approved by the architectural control
committee as set forth in Paragraphs 2 .and 3 above.
TWENTY. All owners of lots will be and will continue to be
members of the Waters Edge Property owners Sanitary Sewer
Association and shall be subject to the rules, regulations and
bylaws of the association. The owners of each lot shall be liable
to pay the monthly, quarterly or annual assessments of the
association and any failure of the owners of any lots to pay such
assessment shall cause such assessment to become a lien against
said lot and shall render such owner or owners liable to the
association for the amount of any delinquent dues, plus penalties
and interest, which said liability may be enforced by the said
association by suit in a court of competent jurisdiction.
IN WITNESS WHEREOF, High Rook Properties has caused this
instrument to be signed in its partnership name by a duly
authorized partner, this the 25th day of July, 1996.
HIGH ROCK PROPERTIES,
A General Partnership
BY: H Cr':�a'� r� (Baal)
il
Page 5 of 5
NORTH , CAROLi14A
1ur._T rr. __ COUNTY
a notary public, do hereby
certify that Lou G. AAki a personally came before me this day and
acknowledged that she is the General Partner of High Rock
Properties, and that, by authority duly given, the foregoing
.instrument was signed in its name by its President, sealed with its
corporate seal, attested by herself as its Secretary.
Witness my hand and official stamp this the day of
�r 1996.
Notaryy Public '
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