WQ0043424_Other Agency Documents_20220629

STATE OF NORTH CAROLINA
COUNTY OF Catawba Permit No. WQ0043424
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day
of
, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
DR Horton, Inc. , 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 Catawba County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Village of Maiden (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 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 (Unit Owners' 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 Resources 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.
FORM:DEV 01-15 Page 1 of 2

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
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.
5. The DEVELOPER 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 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 DR Horton, Inc.
MANAGEMENT COMMISSION Name o EVE ER
By:
S. Jay Zimmerman, Director (Sign re)
Division of Water Resources
Kristin Bickman, Division President
Print Name and Title
l oZ0 )-01
(Date) (Dat
FORM:DEV 01-15 Page 2 of 2

State of North Carolina
DWR Department of Environmental Quality
Division of Water Resources
SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANCE
Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16
This form is for ownership changes or name changes of a sewer system permit. Please note that"Perm ittee"references the
existing permit holder,and that"Applicant" references the entity applying for the ownership/name change.
Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This
form should not be used for permits with NC,NCG,SW or other types of non-sewer permits beginning with WQ.
For more in/ormulion, visit the Division's Water Quality Permitting's
A. Sewer System Permit Ownership/Name Change(FORM: PNOCF 01-16)Application(All Applications):
® Submit an original completed and appropriately executed application(PNOCF 01-16).
El The Existing Pennittee's Certification shall be signed in accordance with 15_A ti(l\t t)'T .(/106i b,. Per 15A_NC\( 0 I
,0106 cl,an alternate person may be designated as the signing official if a delegation letter is provided from a person who
meets the criteria in 15:\ NC'At 02T.(i
® The Applicant's Certification shall be signed in accordance with I5A ' C \(_02 I ,( 0(t(h). Per I5\ tit At O l 0I O(:itc i,an
alternate person may be designated as the signing official if a delegation letter is provided from a person w ya
in II5ANCACO21 _01061h(. ( -EIVED
B. Existing Permit(All Applications):
El Submit a copy of the most recently issued permit and certification. J U N 2 8 2022
C. Property Ownership Documentation(All Applications):
' The Applicant shall demonstrate they are the owner of all property containing the sewer system facilitieNCDEI�fIn'DWfV'NPDES
❑ Legal documentation of ownership(i.e.,I i I S,deed,article of incorporation,or contract),or
• Written notarized intent to purchase agreement signed by both parties with a plat or survey map,or
❑ Approved board minutes
D. Certificate of Public Convenience and Necessity(All Applications where the Applicant is a Privately-Owned Public Utility):
0 Per 15:' NC:_\(' O'"l' .1iII5(00), provide one copy of the Certificate of Public Convenience and Necessity from the North
C;irolin i t ltilitic C demonstrating the Applicant is authorized to hold the utility franchise for the area to be served
by the non-discharge system.
E. Operational Agreements(Applications where the Applicant is a Home/Property Owners'Association or Developer of lots to be
sold):
Home/Property Owners' Associations
❑ Per I 5A NC A( 11;I .(0I i tc I,submit an original properly executed Op y , ! i,,! ,,,;t;(1 OIt\1 1 It i,11.
❑ Per 15A \( \(' (I I I I>(cl,submit an original proposed or approved Articles of Incorporation,Declarations and By-
laws that contain the language required by the Operational Agreement.
Developers of lots to be sold
® Per 1 SA N('At• 112 I MI 151_11 ,submit an original of the properly executed Operational Agreen ent_LIORAIyDEVI.
F. Package Submitted in Duplicate
® Submit a copy of all required documents in Instructions A-E as required
THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE
TO:
NCDEQ-DWR
Water Quality Permitting Section
PERCS Unit
By U.S. Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 ti.SALISBURY ST.
RALEIGH,NORTH CAROLINA 27699-1636 SUITE 925
RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone]
INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of I

State of North Carolina
DWR Department of Environmental Quality
Division of Water Resources
SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16
I. EXISTING PERMITTEE INFORMATION:
I. Pennittee's name:BBC Maiden,LLC
2. Signature authority's name:Steven Bailey per I5A N(' c 021 010o(b)
3. Signature authority's title:President
4. Permittee's mailing address:7224 Jameson Way
City:StanleyState:NC Zip:28164-
P
5. Permittee's contact information: Phone number:[phone] Fax Number( )
Email Address:[e-mail]
II. APPLICANT INFORMATION:
I. Applicant's name:DR Horton,Inc.
2. Signature authority's name:Kristin Bickman per 15A '(',1( 021 .0106(hl
3. Signature authority's title:Division President
4. Applicant's mailing address:8025 Arrowridge Blvd.
City:Charlotte State:NC Zip:28273-
5. Applicant's contact information: Phone number:[phone] Fax Number( )
Email Address:[e-mail]
6. Representative's name: James Mathieson
7. Representative's title: Land Development Manager
8. Representative's contact information Phone number:[phone] Fax Number( )
Email Address: [e-mail]
III. PERMIT INFORMATION:
1. Existing permit number: W00043424 and most recent issuance date:May 19,2022
2. Reason for the permit application:Change of Ownership If other, attach detailed explanation
3. Has the facility been constructed? ❑Yes or®No
4. Has the facility been certified per I SANCAC 02T.91 16? ❑Yes or®No
FORM: PNOCF 01-16 Page 1 of2

IV. CERTIFICATIONS:
Existing Permittee's Certification per 15A NC AC'02T.0106(b):
I.Steven Bailey.President attest that this application
(Signature Authority's name&title from Application Item 1.2&3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit
into the Applicant's name, 1 will continue to be responsible for compliance with the current permit and any discharge of wastewater
from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,
and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit
be violated. I also understand that if all required parts of this application are note completed and that if all required supporting
information and attachments are not included,this application will be returned to me as incomplete.
NOTE— In accordance with General Statutes 1.1 21 .6\ and I I _21 o I;, 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 tine not to
exceed$10,000 as well as civil penalties up to$25,000 per violation.
Signature: -' i Date:
Applicant's Certification per 15A NCAC 112T'.010b(h):
I.Kristin Bickman.Division President attest that this application
(Signature Authority's name&title from Application Item 11.2&3.)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into
the Applicant's name, 1 will be responsible for compliance with the issuedpermit and anydischarge of wastewater from this non-
PP P P g
discharge system to surface waters or the land may result in an 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.
NOTE— In accordance with G • : Statutes 1._43-2 I S,h_\ and 14 15..611. any person who knowingly makes any false statement,
representation,or certification n 4ny ,,plication package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed$10,000 as w- as civ I o.e�naltie• up to$25,000 per violation.
�/�
Signature: - g: Date: L
FORM: PNOCF 01-16 Page 2 of 2