WQ0001446_Final Permit_19960131

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 31, 1996
qZr. Jerry H. Wells
Wrightsville Place
CAMS
2002 Eastwood Road
Wilmington, North Carolina 28403
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Subject: Permit No. WQ0001446
Wrightsville Place
Homeowners Association
Sewer Extension
New Hanover County
Dear Mr. Wells:
In accordance with your application received November 9, 1995, we are forwarding herewith
Permit No. WQ0001446 dated January 31, 1996 to Wrightsville Place Homeowners Association for the
continued operation of the subject wastewater collection extension.
This permit shall be effective from the date of issuance until rescinded and shall hereby void permit
no. WQ0001446 issued May 4, 1989 and shall be subject to the conditions and limitations as specified
therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Jay Lucas, P.E., at (919)
733-5083, ext. 502.
Sincerely,
orw� — �_o I ��_
A. Presto 40ward, Jr., P.E. 4
cc: New Hanover County Health Department
Wilmington Regional Office, Water Quality Section
Landmark Organization, Inc.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employef 50% recycled/ 10% post -consumer paper

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ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Wrightsville Place Homeowners Association
New Hanover County
-..
FOR THE
continued operation of approximately 794 linear feet of 8 inch gravity sewer and 792 linear feet of 6 inch
gravity sewer to serve Wrightsville Place, and the discharge of 15,840 GPD of collected domestic
wastewater into New Hanover County's existing sewerage system, pursuant to the application received
November 9, 1995, and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment, Health and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The facilities must be properly maintained and operated at all times.
4. The sewage and wastewater collected by this system shall be treated in the M'Kean Maffit
Wastewater Treatment Facility prior to being discharged into the receiving stream.
5. This permit is not transferable. In the event there is a desire for the facilities to change ownership,
or there is a name change of the Permittee, a formal permit request must be submitted to the
Division of Environmental Management accompanied by an application fee, documentation from
the parties involved, and other supporting materials as may be appropriate. The approval of this
request will be considered on its merits and may or may not be approved.
6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of
wastewater to the surface waters of the State.
7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a
minimum of five years from the date of the completion of construction.

8 . Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division of Environmental Management, in accordance with North
Carolina General Statute 143-215.6(a) to 143-215.6(c).
9. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be imposed by other government agencies
(local, state, and federal) which have jurisdiction.
10. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be required
by this Division, such as the construction of additional or replacement wastewater collection
facilities.
11. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number
9101395-3900, as soon as possible, but in no case more than 24 hours or on the next working day,
following the occurrence or first knowledge of the occurrence, of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
5 days following first knowledge of the occurrence. This report must outline the actions taken or
proposed to be taken to ensure that the problem does not recur.
13. This permit shall become voidable unless the agreements between the Wrightsville Place Home
Owners Association, City of Wilmington, and New Hanover County for the collection and final
treatment of wastewater are in full force and effect.
14. The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in
accordance with the terms and conditions of this Permit.
Permit issued this the 31st day of January, 1996
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
I C � - &
A. Preston owar , Jr., E., Director
Division ofEnvironmental Management
By Authority of the Environmental Management Commission.
Permit Number WQ0001446

C.MiNTY OF New Hanover
This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this 22_ day of
September , 19 45 , by and between the North Carolina Environmental Managtment
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
ri ht , a non-profit corporation organized and
existing under and by virtue of the laws of the State of North Carolina, hereinafter Down as the ASSOCIATION.
WITNESSET'H:
I . The ASSOCIATTON was formed for the purpose, among others, of handling the property, affairs and
business of the development known as Wr i o-ht syjL1!r P 1 c e
(hereinafter the Development); of operating, maintaining, reconstructing and repairing the common elements
of the lands and improvements subject to unit ownership, including the Disposal System; and of collec�.ing
dues and assessment to provide funds for such operation, maintenance, re -construction and repair.
2. The ASSOCIA71ON desires, to construct and/or operate a wastewater collection system with pumps,
wastewater treatment works and/or &�, osal facilities (hereinafter Disposal System) to provide sanitary
sewage disposal to serve the Development on said lands.
3, The ASSOCIATIGN 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 Chapter 47C
of the Nonh 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, TBEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the CO1MSSION 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 CON CESSION; 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
appurrnnances 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 priorin, for
expenditures by the Association except for Federal, State and local taxes, and insurance.
3. The ASSOCIATION small 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 allocated for the facility and shall be part of the
yearly budget.

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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 k made a
necessary at any tune.
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 becor
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause ..Le
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 may require 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 M 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_
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and ma.irafenance of its Disposal System until a permit has been reissued to the
ASSOCIATION's successor.
8. 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;rmaintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Duds 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 each of the parties named below:
FOR THE ENVIRONWNTAL
MANAGEMENT COMMISSION
kn.�N&
A. Preston ward, Jr., P. ., Director
Division of aviroamental Management
M
cJ E►i'R ELLS
Name of ASSOCIATION President
{Authorized by ASSOCIATION Board of Directors
(Date)-
2