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HomeMy WebLinkAboutWQ0028567_Application_20050304Z O H Q O U. Z Z F— Q _U J a a a TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 3 U§E THE TAB KEY TO MOVE FROM FIELD TO FIELD! Application Number: (to be completed by DWQ)�960 p1 pS / 1. Owner:. _ _ . 1 a. The Town of Carthage Full Legal Name (company, municipality, HOA, utility, etc.) 1 b. Carol Sparks Cleetwood — Town Manager Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!) 1 c. The legal entity who will own this system is: ❑ Individual ❑ Federal ® Municipality ❑ State/County ❑ Private Partnership ❑ Corporation ❑ Other (specify): 1 d. 4396 Hwy 15/501 Street Address 1 f. North Carolina State 1 h. 910-947-2331 1 i. Telephone 2. Project (Facility) Information: Facsimile 2a. Little River — 39 Lots Brief Project Name (permit will refer to this name) 3. Contact Person: le. Carl City 1 g. 28327 Zip Code 1 j. E-mail 2b. Moore County Where Project is Located 3a. John Kinnaird — LandDesign, Inc. Name and Affiliation of Someone Who Can Answer Questions About this Application LITTLE RIVER GOLF, INC BRANCH BANKING AND TRUST COMPANY - 009871 500 LITTLE RIVER FARM RD. CARTHAGE, NC 28327 CARTHAGE, NC 28327 66-112/0531 �l (910) 949-4609 23/ } 'AY THE )RDER OF / V 1 y + ER C ! t J ----- DOLLARS W ® Residential Subdivision El Car Wash d. ❑ Apartments/Condominiums ❑ Institution 100 % Domestic/Commercial ❑ Mobile Home Park ❑ Hospital ❑ School ❑ Church % Industrial ❑ Restaurant ❑ Nursing Home % Other (specify): ❑ Office ❑ Other (specify): 7. Volume of wastewater to be permitted in this project: 15,600 gallons per day 8. If the permitted flow is zero, indicate why: ❑ Interceptor Line - Flow will be permitted is subsequent permits that connect to this line ❑ Flow has already been allocated in Permit No. ❑ Rehabilitation or replacement of existing sewer with no new flow expected FTA 02/03 - Rev. 2 04/04 FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE I OF W A T �`` State of North Carolina r P Department of Environment and Natural Resources r Division of Water Quality o - ` FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS (Pressure sewers systems are not to be included as part of this application package) INSTRUCTIONS: Indicate that you have included the following list of required application package items by checking the space provided next to each item. Failure to submit all required items will lead to your application being returned as incomplete or additional processing and review time. This form may be photocopied for use as an original. 01. Application Form - Submit one original and one copy of the completed and appropriately executed application form. Any changes to this form will result in the application being returned. The Division of Water Quality (Division) will only accept application packages that have been fully completed with all applicable items addressed. You do not need to submit detailed plans and specifications unless you respond NO to Item B(12). ® II. Application Fee - Submit a check in the amount of $400 made payable to: North Carolina Department of Environment and Natural Resources (NCDENR). ❑ III. Certificates of Public Convenience and Necessity — If the application is being submitted in the name of a privately -owned public utility, submit two copies of the Certificate of Public Convenience and Necessity (CPCN) which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a CPCN has not been issued, provide two copies of a letter from the North Carolina Utilities Commission's Public Staff that states that an application for a franchise has been received, that the service area is contiguous to an existing franchised area, and/or that franchise approval is expected. The project name in the CPCN or letter must match that provided in Item A(2a) of this application. ® IV. Operational Agreements — Submit one original and two copies of a properly executed operational agreement if the sewer extension is permitted by a private applicant and will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels, etc.) that will be sold to another entity. If the applicant is a homeowners' association, use Form HOA 02/03. If the applicant is a developer, use Form DEV 02/03. EVEN IF THE PROJECT WILL BE TURNED OVER TO A MUNICIPALITY, FORM DEV 02/03 IS REQUIRED. ® V. Flow Acceptance Letters — If the owner of the downstream sewers and/or WWTF is different from the applicant, submit two copies of a flow acceptance letter from the owner of the downstream sewers and WWTF, if different. Flow acceptance letters must contain the following minimum information: applicant and project name, amount of flow accepted, and name and permit number of the receiving sewers/WWTF. The flow acceptance must not expire prior to permit issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other contracts will not be accepted in lieu of a project -specific flow acceptance letter. ® VI. Map — Submit an 8.5-inch by 11-inch COLOR copy of the portion of a 7.5-minute USGS Topographic Map along with this form. The map should identify the entire project area location as well as the closest downslope surface waters as clearly as possible. Each map portion must be labeled with the map name and number, the identified location of the sewer line and pump stations, and be of clear and reproducible quality. For instance, if the project involves 4 miles of interceptor sewer that traverses over or near several different waterbodies (or counties, basins, etc.), the map should have location ID's shown for each different waterbody (where the sewer line is within 100 feet of such waterbody - see Instruction VII). This location ID is self chosen and used to cross reference the location in Section C of the permit application. ® VII. Stream Classifications — Section C • If any portion of the project is within 100 feet of any down slope surface water, Section C must be completed for the pertinent sections. • If the entire project area is a minimum of 100 feet away from any down slope surface waters BUT there is a pump station involved where a history of power outage is to be used to provide adequate design storage instead of dual feed or permanent or portable generator, Section C must be completed to demonstrate that the closest down slope surface water is Class C (see 15A NCAC 2H .0219(h)(3)(D)). • Use the guidance document entitled, "Determining Watershed Classifications for Form FTA 02/03 (Fast -Track Sewer Systems)" available from http://h2o.enr.state.nc.us/ndpu or by contacting the appropriate regional office. FTA 02/03 - Rev. 2 04/04 FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 2 ❑ Vill. Environmental Assessments — If this project is subject to an Environmental Assessment (EA) [15A NCAC 01C .0500], this application can not be used. Send the project application on Form PSFMGSA 10/99 to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Applications can not be processed until a Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS) has been issued. A copy is to be submitted with that permit application. ® IX. Certifications — Section D The application must be certified by both the applicant and a North Carolina Registered Professional Engineer (PE). The applicant signature must match the signing official listed in Item A(1 b). The PE should NOT certify the application if he/she is unfamiliar with 15A NCAC 2H .0200, the Gravity Sewer Minimum Design Criteria (most recent version) and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (most recent version), as applicable to the project. Certification by a PE who is unfamiliar with these documents is subject to NC Board referral. THE COMPLETED FTA 02/03 APPLICATION PACKAGE, INCLUDING ALL SUPPORTING DOCUMENTS AND $400 FEE, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office Avery, Buncombe, Burke, Caldwell, 2090 US Highway 70 Cherokee, Clay, Graham, Haywood, Swannanoa, North Carolina 28778 Henderson, Jackson, Macon, (828) 296-4500 Madison, McDowell, Mitchell, Polk, (828) 299-7043 Fax Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Faye N Fayetteville, North Carolina 28301 Anson, Bladen, Cumberland, Harnett, 48ille, Hoke, Montgomery, Moore, Robeson, (910) 486-0707 Fax Richmond, Sampson, Scotland Mooresville Regional Office 919 N Main Street Mooresville, North Carolina 28115 Alexander, Cabarrus, Catawba, (704) 663-1699 Cleveland, Gaston, Iredell, Lincoln, (704) 663-6040 Fax Mecklenburg, Rowan, Stanly, Union Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Raleigh, North Carolina 27699-1628 Franklin, Granville, Halifax, Johnston, (919) 571-47 Lee, Nash, Northampton, Orange, (919) 571-4718 Fax Person, Vance, Wake, Warren, Wilson Washington Regional Office Beaufort, Bertie, Camden, Chowan, 943 Washington Square Mall Craven, Currituck, Dare, Gates, Washington, North Carolina 27889 Greene, Hertford, Hyde, Jones, (252) 946-6481 Lenoir, Martin, Pamlico, Pasquotank, (252) 975-3716 Fax Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Wilmington, North Carolina 28405 Duplin, New Hanover, Onslow, (910) 395-3900 Pender (910) 350-2004 Fax Winston-Salem Regional Office 585 Waughtown Street Alamance, Alleghany, Ashe, Caswell, Winston-Salem, North Carolina 27107 Davidson, Davie, Forsyth, Guilford, (336) 771-4600 Rockingham, Randolph, Stokes, (336) 771-4631 Fax Surry, Watauga, Wilkes, Yadkin For more information, visit our web site at: http://h2o.enr.state.nc.us/ndpu/ FTA 02/03 - Rev. 2 04/04 FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 3 Z 0 H Q 0 LL Z 0 H Q C) J a a Q 2 0 Q 0 LL Z F— LU a USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Application Number: /,, �,,y _ (to be completed by DWQ)19 W a J � 7 1. Owner. la. The Town of Carthage Full Legal Name (company, municipality, HOA, utility, etc.) 1 b. Carol Sparks Cleetwood — Town Manager Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!) 1c. The legal entity who will own this system is: ❑ Individual ❑ Federal ® Municipality ❑ State/County ❑ Private Partnership ❑ Corporation ❑ Other (specify): 1 d. 4396 Hwy 15/501 le. Carthage Street Address City 1f. North Carolina 1g. 28327 State Zip Code 1 h. 910-947-2331 1 i. Telephone Facsimile 2. Project (Facility) Information: 2a. Little River — 39 Lots Brief Project Name (permit will refer to this name) 3. Contact Person: 1j. E-mail 2b. Moore County Where Project is Located 3a. John Kinnaird — LandDesign, Inc. Name and Affiliation of Someone Who Can Answer Questions About this Application 3b. 828-281-1447 3c. jkinnaird@landdesign.com Phone Number E-mail 1. Project is ® New [:]Modification (of an existing permit) If Modification, Permit No.: For modifications, attach a separate sheet clearly explaining the reason for the modification (i.e. adding another phase, changing line size/length, etc.). Only include the modified information in this permit application - do not duplicate project information in B(7) and B(10-11) that has already been included in the original permit. 2. Owner is ® Public (skip to Item B(3)) ❑ Private (go to Item 2(a)) 2a. If private, applicant will be: 2b. If sold, facilities owned by a (must choose one) ❑ Retaining Ownership (i.e. store, church, single office, etc.) or ❑ Public Utility (Instruction III) ❑ Leasing units (lots, townhomes, etc. - skip to Item B(3)) ❑ Homeowner Assoc./Developer (Instruction IV) ❑ Selling units (lots, townhomes, etc. - go to Item B(2b)) 3. Moore Coun Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 4a. Moore County Water Pollution Control Facility 4b. NCO037508 Name of WWTF WWTF Permit No. 5a. Town of Carthage 5b. 8 inch 5c. Owner of Downstream Sewer Receiving Sewer Size Permit Number of Downstream Sewer (if known) ----- 6. The origin of this wastewater is (check all that apply): ® Residential Subdivision ❑ Car Wash ❑ Apartments/Condominiums ❑ Institution 100 % Domestic/Commercial ❑ Mobile Home Park ❑ Hospital ❑ School ❑ Church % Industrial ❑ Restaurant ❑ Nursing Home ❑ Office El Other (specify): %Other (specify): 7. Volume of wastewater to be permitted in this project: 15,600 gallons per day 8. If the permitted flow is zero, indicate why: ❑ Interceptor Line - Flow will be permitted is subsequent permits that connect to this line ❑ Flow has already been allocated in Permit No. ❑ Rehabilitation or replacement of existing sewer with no new flow expected FTA 02/03 - Rev. 2 04/04 FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 4 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H .0219(I) for Item 13(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than that in 15A NCAC 2H .0219(I)(1-2) must be approved prior to submittal of this application. Submit a separate request to the Division of Water Quality, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 in accordance with 15A NCAC 2H .0219(I)(3). 39 Single Family Lots @ 400 g.p.d. / Lot = 15,600 g.p.d. 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) 8 10 Length (feet) Gravity or Force Main (use the pull down menu) 1,627 Gravity 424 Gravity IO W D Z H Z 0 V Z ENTER TOTAL LINE LENGTH IN MILES 0.388 O Q11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary) Location ID Power Reliability Option (self chosen - as shown on Design Flow Operational Point (1- dual line feed; 2- permanent generator w/ATS; 3- 0 plans for cross-reference) (MGD) GPM @ TDH portable generator w/telemetry; 4-wet well storage) LL Z H W a 12. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force' m Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable? ® Yes ❑ No If no, please reference the pertinent minimum design criteria or regulation and indicate why a variance is requested: SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION 13. Have the following permits/certifications been submitted for approval? Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes ❑ No ® N/A Sedimentation and Erosion Control Plan? ® Yes ❑ No ❑ N/A Stormwater? ® Yes ❑ No ❑ N/A FI'A 02/03 - Rev. 2 04/04 FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 5 Q W H A U) Z H Q 0 LL H W V Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02/03 (FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality regional office (see instructions for addresses) OR indicate the following: ❑ A Stream Classification is not needed because all parts of the project are at least 100 feet away from any down slope waterbody; AND, ❑ A Stream Classification is not needed because the design does not depend on wet well storage as a power reliability option for any pump station near a Class C down slope waterbody. Location ID on Map (self chosen - as shown on map for cross-reference) Project Site Name of Waterbody Stream Waterbody Waterbody County River Basin Index Classification Little River tributary Moore Little River Class III, HQW Submit the 8.5" x 11" COLOR topographic map as required in Instruction VI regardless of whether a classification is provided! 1. Applicant's Certification: la. 1, Carol Cleetwood , attest that this application for Little River Phase Farm Golf Club — 39 Lots has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. Note: In accordance with North Carolina General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. "d &)WL-rW -S-1-Lolor, Signing Official Signature 2. Professional Engineer's Certification: I attest that this application for Little River Farm Golf Club — 39 Lots has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance. Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. 1/ 2a. Martin A. Kocot Professional Engineer Name 2b. LandDesign, Inc Engineering Firm 2c. 38 Garfield St. Address 2d. Asheville City 2g. 828-281-1447 Telephone 2h. 828-281-1449 Facsimile 2e. NC 2f. 28803 State Zip 2i. mkocot@landdesign.com E-mail � 17640 t ►t;IaW: Seal, Signature & Date FTA 02/03 - Rev. 2 04/04 TOPO! map printed on 01/27/05 from "Untitled.tpo" 79.45000° W 79.43333o W WGS64 79,41667o W D D D V n z D D D V V, 79,45000' W w w�,aor 7.viooi w MNOTN 5 i Mlt MAR-07-2005(MON) 09:01 little river (FRX)828 281 ld49 P.001/002 LandDes 40p urban design planning civil engineering landscape althiutwre TRANSMITTAL 38 Garfield Street. • Suite C• Asheville, NC 28803 F: RRe.281.1447 F: 828.281,1449 DATE: 3I7/2005 PROJECT NAME: Little River -39 Lots TO: Mike Lawyer NCDENR Fayettesville Regional Office 225 Green Street, Suite 714 Fayetteville NC 28301 CC: NUMBER OF PAGES: 2 PROJECT M. 5004079 BUS. PHONE: (910) 488.1541 BUS. FAX: (910) 48Cr0707 BUS. MOBILE: NOTES: -- - Mike - in reference to the submittal information that LandDosign fedx to you last week, following please find the Flow Acceptance letter from Moore County regarding Little River. I will also mail a copy to your attention. Thank you Kimberly FROM: If this docAnont was dollvarad via FAX the act:ornpanylnp tranMllsslen wntalms eanlldandal Information Intondod only for tho use of tho Individual or tho onUty nomod above. If you ore net tho Intondod reelpiont, you are hereby notified that any dlseloeura, capylnp, dletrlbullon or the toWing of any oellon In roilarxo on the eontants of this foatlmllo Information It sblclly prohlblied. If you hwe recdved this FAX In error, ploaso Immodlatoly noory us by tolophano to ormngo for disposition or return of the documents to M Asheville NC Washington DC Tempe FL Asheville NO Plnehurst NO Charlotte NO Nashville TN Beijing PRO MAR-07-2005(MON) 09:01 little river (FRX)828 281 ldd9 P.0021002 County of Moore T ul Cc works Dcparrm rnt T. 0. Tax Inz. Carthage, XmTh Cararma 11 ory� vtieitics +' solid 'Wa rte 9»•947.6315 f3'eGe.phomj {'? na e■ cto•g4i :�G.fi? (7'eCe�fi.ane) 9to�4itlg92 (FcttSim:Ce1 :? .I ft ` q.ir�-o4i-rca;t lfacsimzCe) March 4, 2005 Mr. John Kinnaird LandDesign 38 Garfield Street Asheville, NC 28803 Dear3&. Kinnaird RE: Flow Acceptance letter (3) for 39 lots Little River Golf Club, Carthage NC. The Moore County Water Pollution Control Facility, NPDES # NC 0037508, presently has sufficicnt capacity available to conditionally accept up to 15,600 gallons per day from the above referenced project. This poeject will be required to comply with all specifications and requirements of the Town of Carthage, NC.. In addition aU required fees must be paid to the Town of Carthage. Upon completion of the referenced project, the applicant's engineer is to provide our office with the following items: 1. Certification of Completion. 2. Complete set of As Built drawings. If you have any questions or comments please call me at (910) 947-6315. Sincerely, -MIORL- COUNTY PUBLIC WORKS Ernic Black Engineering Project Manager Cc: Mr. Phillip Boles, Director Mr. Delmo Frye, VAVTp Superintendent STATE OF NORTH CAROLINA COUNTY OF Moore Permit No. A. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 21st day of February 2005 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Little River Farm Properties LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Moore County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Little River Farm Golf Club - 39 Lots (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Homeowner's association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. 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 DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct 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 DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER 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 DEVELOPER's successor. 4. The DEVELOPER 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 T_ -_ 1 _C/1 treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. ` 5k The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will v, 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 funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund 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 provide that such special assessments can be made as necessary at any time. 7. 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 DEVELOPER 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 may require as condition of accepting the Development's wastewater. 8. 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 DEVELOPER 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 by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. 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 each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality (Date) Little River Properties, LLC Nam o DEVEL ER B b�,—c (Signature) Print Name and Title (Date) r, r n LandDebi j"� urban design planning civil engireer ng lardscape architerutc TRANSMITTAL _, ? — 38 Garfield Street - Suite C - Asheville, NC 28803 2005 V:828.281.1447 F:828.281.1449 DATE: 3/3/2005 NUMBER OF PAGES: 1 DWILI PROJECT NAME: Little River - 39 Lots PROJECT #: 5004079 TO: Mike Lawyer BUS. PHONE: (910) 486-1541 NCDENR BUS. FAX: (910) 486-0707 Fayettesville Regional Office BUS. MOBILE: 225 Green Street, Suite 714 Fayetteville NC 28301 CC: WE ARE SENDING: ❑ DRAWINGS Ej SPECIFICATIONS APPLICATIONS ® FEES ❑ REDLINES ❑ DISK / CD ❑ OTHER 1 IFast Track Sewer Application 1 IUSGS Quad Map 1 Operational Agreement 1 I$400.00 Check (#9871) I NOTES: VIA: ❑ MAIL ❑ FAX ❑ COURIER ❑ FEDEX GROUND SLI FEDEX OVERNIGHT ❑ HAND DELIVERY ❑ PICK UP ❑ EMAIL DESCRIPTION: PURPOSE: EiIAPPROVAL ❑ YOUR USE ❑ YOUR INFORMATION ❑ REVIEW / COMMENT ❑ YOUR REQUEST ❑ SIGNATURE Mike, this is the submittal for the 39 Lots Phase of the Little River Farm Golf Club development. Please call with any questions. Thanks. P.S. Tr.L �'Ivw 4ccer4v,^ce tew_e w:11 coy e- K--jer Seper*%+-e saver & f ck. .,,..,.M M core Co,, ^ tj FROM: John Kinnaird jhk If this document was delivered via FAX, the accompanying transmission contains confidential information intended only for the use of the individual of the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this facsimile information is strictly prohibited. If you have received this FAX in error, please immediately notify us by telephone to arrange for disposition or return of the documents to us. Asheville NC Washington DC Tampa FL Asheville NC Pinehurst NC Charlotte NC Nashville TN Beijing PRC