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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 Jqfsg3 NORTH CAROLINA FILED nY, 4Cp� ROWAN COUNTY Deaf 6 3:77 M RESTRICTION AGREEMENT MME 1!_ EhB ekAtT lleafstec Of Deadr 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 ' # Q flu My Commission Expires; ' `:< •_ - ' a, cliYx�`�'r \FfRTII C:1Rf)i.1N:1- ROIN'r1CxZy%j' -fhc inrc8ninj! r cnrufird rn lK• c�rrrc� 4j�j tiled for rrFi'tx,p>on this aLl;rr }t t:,rnhardr. R:gc�r- ) D.r .SfsrYln rsf, d:'�lEiti^ 5 Is \ u SPGSPL S SYENIII ` 26 � C9 sqT y '-14PTEA5 f:LGE Yil I - Re .owEo IN Aux rw p • .. ac I � xm °m`�o`cei'.,zu m ruvrn Y. XIlI3n'O'F: a0" ET JIA)F� I 4Y � . 00(H. AV.197/� EL nil'Wb`iA'E ^^yn AIO+ VV11SS ' 5119153'E \ i ��d�yaP` , Wat°E, EE9° �°P°ItY Ou a NaoclW'.:_ .P-•,•l'� % � \ Donpld J Moore PG. jWC-(DNt4E,CTG1S ,VtE, W STP-4r, RVWGI IL Printed January 13, 2015 See Below for Disclaimer 614 Oa L�53 6140 6140-J 614E '► 690 036000+000*1 ° x _ 61z`077 '141, E MW �31 4 '1 JW 14071 14 ^13 i. 61 466 61 E9 Al 4 AO 127 F aye. 614- 091 61412ei �; - �•. 6.14125 614- 00.2; '" 69 12� ' 3. •s 614123 61 r "�» 61' 094 614122 61 177 61.4121 61 095.- 61 124 6.1 497 1 .E 614 913ji 0 f , ,l 6'14 79 f I � _ 1 : 247 Feet k f-E. .ems. lis information was prepared from the Rowan County, IBC Geographic Information System. Rowan County has made substantial efforts to ensure the accuracy of cation and labeling information contained on this site. The information provided is a representation of various City and County data sources and does not serve as an ficial map. Rowan County promotes and recommends the independent verification of any information contained an this site by the user. Rowan County makes no irranty or other assertion as to the fitness of the maps for any particular purpose and neither Rowan County nor it's agents or employees shall be liable for any claim eaed to have resulted from anv use thereof.