Loading...
HomeMy WebLinkAboutWQ0043647_Application (FTSE)_20220721State of North Carolina Department of Environmental Quality DWR Division of Water Resources FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources FTA 06-21 & SUPPORTING DOCUMENTATION Application Number:. y�-n— (to be completed by DwR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: 1. Applicant's name: PMA I Holding. LLC (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ Federal ❑ State/County ❑ Municipal 3. Signature authority's name: Stuart Parks per 15A NCAC 02T .0106(b) Title: Managing Partner 4. Applicant's mailing address: P O Box 5323 City: Winston Salem State: NC Zip: 27113- 5. Applicant's contact information: Phone number: 336) 659-95030 Email Address: ❑ Privately -Owned Public Utility ® Other II. PROJECT INFORMATION: 1. Project name: Meadowfield Terrace 2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WON and issued date: , For modifications, also attach a detailed narrative description as described in Item G of the checklist. If new construction, but part of a master plan, provide the existing permit number: WQ00 3. County where project is located: Davidson 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.9842' Longitude:-80.3254° 5. Parcel ID (if applicable): (or Parcel ID to closest downstream sewer) I11. CONSULTANT INFORMATION: 1. Professional Engineer: Brent Sievers License Number: 27339 Firm: FEI Consulting Mailing address: 8518 Triad Drive City: Colfax State: NC Zip: 27235- Phone number: (336 544-6432 Email Address: bsieversgfeiconsulting.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Lower Muddy Creek Permit Number: NCO050342 Owner Name: Winston Salem/Forsyth County Utilities V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Permit Number(s): WQ 2. Downstream (Receiving) Sewer Information: 8 inch ® Gravity ❑ Force Main 3. System Wide Collection System Permit Number(s) (if applicable): WQCS00361 Owner Name(s): Davidson County FORM: FTA 06-21 Pagel of 5 VI. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes ❑ No ® N/A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached? ® Yes ❑ No ❑ N/A 3. If the Applicant is a Home/Property Owners' Association, has an HOA/POA Operational Agreement (FORM: HOA) and supplementary documentation as required by 15A NCAC 02T.0115(c) been attached? ❑ Yes ❑ No ® N/A 4. Origin of wastewater: (check all that apply): ® Residential (Individually Owned) ❑ Retail (stores, centers, malls) ❑ Car Wash ❑ Residential (Leased) ❑ Retail with food preparation/service ❑ Hotel and/or Motels ❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool/Clubhouse ❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash ❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater: 100 % Domestic % Commercial % Industrial (See 15A NCAC 02T .0103(20)) If Industrial, is there a Pretreatment Program in effect? ❑ Yes ❑ No 6. Hasa flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ®No ➢ If yes, provide a copy of flow reduction approval letter with this application 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(f)) Daily Design Flow a,h No. of Units Flow 3 Bedroom Residential 360 gal/Day 77 27720 GPD gal/ GPD gal/ GPD gaV GPD gall GPD gal/ GPD Total 27720 GPD a See 15A NCAC 02T .0114(b). (d). (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). b Per 15A NCAC 02T .0I 14(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 27720 GPD (per 15A NCAC 02T .0114) ➢ Do not include future flows or previously permitted allocations If permitted flow is zero, please indicate why: ❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line. Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow. ❑ Flow has already been allocated in Permit Number: Issuance Date: ❑ Rehabilitation or replacement of existing sewers with no new flow expected ❑ Other (Explain): FORM: FTA 06-21 Page 2 of 5 VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8" 3330 PVC ➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ Section III contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - 3. Total number of pumps at the pump station: 3. Design flow of the pump station: millions gallons per day (firm capacity) ➢ This should reflect the total GPM for the pump station with the largest pump out of service. 4. Operational point(s) per pump(s): gallons per minute (GPM) at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per MDCPSFM Section 2.01 C.1.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or ❑ Standby pump ➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B): ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility and may not be portable Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C): ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - or ❑ Portable pumping unit with plugged emergency pump connection and telemetry: ➢ Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station. ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided as part of this permit application in the case of a multiple station power outage. FORM: FTA 06-21 Page 3 of 5 IX. SETBACKS & SEPARATIONS - (02B .0200 & 15A NCAC 02T .0305(f)): 1. Does the project comply with all separations/alternatives found in 15A NCAC 02T .0305(f) & (g)? ® Yes ❑ No 15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems: Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 18 inches ZWater mains (vertical - water over sewer preferred, including in benched trenches) 18 inches ZWater mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class II impounded reservoirs used as a source of drinking water, and associated wetlands. 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands associated with these waters (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches, as well as wetlands associated with these waters or classified as WL. 10 feet Any building foundation (horizontal) 5 feet Any basement (horizontal) 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches ➢ If noncompliance with 02T.0305(f) or (g), see Section X.1 of this application * 15A NCAC 02T.0305(e) contains alternatives where separations in 02T.0305(f) cannot be achieved. Please check "yes" above if these alternatives are used and provide narrative information to explain. **Stream classifications can be identified using the Division's NC Surface Water Classifications webna¢e 2. Does this project comply with the minimum separation requirements for water mains? ®Yes [-]No ❑ N/A ➢ If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document, signed/sealed by an NC licensed PE, verifying the criteria outlined in that Rule. 3. Does the project comply with separation requirements for wetlands? ® Yes [-]No ❑ N/A ➢ Please provide supplementary information identifying the areas of non-conformance. ➢ See the Division's draft separation requirements for situations where separation cannot be met. ➢ No variance is required if the alternative design criteria specified is utilized in design and construction. 4. Is the project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: ®No If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? [-]Yes ❑ No ➢ This includes Trout Buffered Streams per 15A NCAC 213.0202 5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ❑ Yes ® No or 401 Water Quality Certifications? ➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required. 6. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes ❑ No Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications must be being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 7. Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes ® No Per 15A NCAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer. Siphons and sewers suspended through interference/conflict boxes require a variance approval. ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit. FORM: FTA 06-21 Page 4 of 5 X. CERTIFICATIONS: 1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Pump Stations and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? ® Yes ❑ No If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued concurrently with the approval of the permit, and projects requiring a variance approval may be subject to longer review times. For projects requiring two or more variances or where the variance is determined by the Division to be a significant portion of the project, the full technical review is required. 2. Professional Engineer's Certification: I, Brentle C. Sievers , attest that this application for Meadowfreld Terrace (Professional Engineer's name from Application Item III. Ly (Project Name from Application Item 11.1) has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering 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, Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, 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 General Statutes 143-215.6A and 143-215.6B, 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 $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701) North Carolina Professional Engineer's seal, signature, and date: 3. Applicant's Certification per 15A NCAC 02T .0106(b): I, Stuart Parks attest that this application for Meadowfield Terrace (Signature Authority Name from Application Item 1.3.) (Project Name from Application Item IL 1) attest that this application 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. I understand that any discharge of wastewater from this non -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. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, 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 $10,000 as well as civil penalties up to $25,000 per violation. Signature: ✓ Date:��� FORM: FTA 06-21 Page 5 of 5 State of North Carolina F r^�. r�try��, Division of btlatet Resources Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: PMA I Holding, LLC Project Name for which flow is being requested: Meadowfield Terrace More than one FTSE may be required for a single project if the owner of the WWTP is not responsible far all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Muddy Creek b. WWTP Facility Permit #: NC0050342 All flows are in MGD c. WWTP facility's permitted flow 21.000000 d. Estimated obligated flow not yet tributary to the WWTP 3.0133740 e. WWTP facility's actual avg. flow 13.570000 f. Total flow for this specific request 0.0277200 g. Total actual and obligated flows to the facility 16.611094 h. Percent of permitted flow used 79.1 II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) (B) (C) (D)=(B+C) (E)=(A-D) Design Obligated, Pump Pump Average Approx. Not Yet Total Current Station Station Firm Daily Flow** Current Tributary Flow Plus (Name or Permit Capacity, * (Firm / pf), Avg. Daily Daily Flow, Obligated Available Number) No. MGD MGD Flow, MOD MGD Flow Capacity*** * The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): Muddy Creek Downstream Permit Number: WQCS00003 Page 1 of 6 FTSE 10-18 III. Certification Statement: I Courtney Driver, P.E. certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form certifies that the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater. Official rRcc Title of Signing Official /Zdz7 Date Page 2 of 6 FTSE 10-18 Project Narrative Public Sewer Extension for Meadowfield Terrace The proposed project consists of a 41.90-acre parcel located in Davidson County, North Carolina. The development will consist of 77 residential units in a multifamily development. The property will be served by public water from Davidson Water and public sewer from Davidson County. Sanitary sewer installation will consist of 3330 lineal feet of public sanitary sewer main with 18 manholes and 77 sewer services. Total flow is projected to be 27,720 GPD. NC Department of Environmental Quality Received 00� FEI Plaza ing Engieeman likaz consul&grngn:eeaaFangs & dnd Sm'1egof*gional Offir_e Transmittal Memo To: Jenny Graznak From: Brent Sievers, P.E. Subject: Sanitary Sewer Ext. for Meadowfield Date: 8/16/2022 Terrace I have enclosed 1 set hard copy, 2 digital copies and a comment addressed letter of the Meadowfield Terrace sanitary sewer extension for your review. Call with questions. Thanks Brent Sievers, P.E. -33(-%52-!7(RO. Box 8774 1 GlVenshom. N.C. 27419 I)Lnnr336 852-97!7 Iam A FEI Response to Comments Below is the email from Alexander Lowe pertaining to comments for the Fast track submittal for sewer extension along with my response. Good morning Mr. Sievers, I had left a voicemail on your machine earlier this week, but I wanted to follow up because I found more information that will need to be revised or added to the Fast Track Sewer Extension application that you submitted on behalf of the Meadowfield Terrace project: Form FTA 06-21, item IV.1: The permit number for Muddy Creek WWTP is NC0050342. Enclosed Form FTA 06-21, items V.1, V.2, and V.3: The downstream permit number will need to be included in the application package. If it is owned by PMA I Holdings, LLC, they are required to have records of that line and should be able to provide details. Corrected. The sewage flows to the Frye's Creek Pump station which is owned by Davidson County. Form FTA 06-21, items VIA and VI.3: Please check the appropriate boxes to complete this section. Completed Form FTA 06-21, item X.2 and X.3: As noted in my voicemail, these signatures will need to be applied as secure digital signatures (from an application such as DocuSign) or a wet -ink signature. Photocopies and digital representations of hand -drawn signatures can not be accepted. Enclosed Form USE 10-18: Form is incorrectly completed. This should be completed by the signatory authority of the receiving WWTP. Corrected and completed by City of Winston Salem. Form DEV 03-19: As above, please resubmit with a wet -ink or secure digital signature. Enclosed If you have any questions about these requests, please reach out. Thank you! Best Regards, Alex Lowe he him Environmental Specialist II Division of Water Resources Department of Environmental Quality Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Civil Engineers and Land Surveyors Y. XEP zq MEMO�T2Rl �ERIMR WELCOME QJARAWLE MUSGS m,....,,.w ;9USTopo „wIXREEE.RE rm p nayiu s.Ky w,' � w v.oM sn use. v.vs �--m en m I .e.. ue.mn..0 e..7.ne.e LLL!J • T �' w.aoavm mw gnu+� WELCOME�X[ nw C- Ca. ®e`a ®,g �J � s_;.9 f � �J`_"� ,�cr ��� ..Site —� s ' �` i�(Jr o ^ �� ✓ -" ice-^% 'o i ���� - \ �^. i4� %'ems � ���� � ,•.,. Scale:V 000' ryes r +� 1 I - 4 r. G g M x t u t f STATE OF NORTH CAROLINA COUNTY OF T�M I d SD✓1 Permit No. W& c)0 ` 3 h qi DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuanttoG.S. 143-215.1 (dI) and entered into this day of July 2022 by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and PMA I Holdings, 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 Davidson County, upon which it is erecting and will erect dwelling units and other improvements, said development to beknown as Meadowfleld Terrace (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, Meadowfield Terrace Homeowners 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 andrepair. 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 andlaw. 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 andDeclaration. 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 03-19 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 mayrequire 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 apermit. 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 COMM SSION S. D el Smit Direc or, Division of Water Resources � -- tl- 2Z7 (Date) PMA I Holdings, LLC NameofDEVELOPER By: (Signature) Stuart Parks, Managing Partner Print Name and Title (Date) FORM: DEV 03-19 Page 2 of 2