WQ0036952_Owner (Name Change)_20230104

DocuSign Envelope ID:A3CC233B-EFCD-4E18-83ED-64075FDA094D
-
.i
ROY COOPER 7f, _;
Governor 4r.
d'
ELIZABETH S.BISER
Secretory
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
January 4, 2023
Scott Dixon,President
Moss Landing Phase II Owners Association,Inc.
P.O.Box 6474
Raleigh,NC 27628
Subject: Change of Ownership Approval
Permit No.WQ0036952
Moss Landing LPSS Pumps
Beaufort County
Dear Mr. Dixon:
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0036952. This modification is to change ownership from Beacon Street Moss,LLC to Moss
Landing Phase II Owners Association,Inc.,and Landing Phase II Owners Association,Inc.is now
responsible for the continued operation and maintenance of the subject wastewater collection
extension. Our database has been revised to reflect the ownership change.This cover letter and
Operational Agreement shall be considered a part of this permit and are therefore incorporated
therein by reference.
The Permittee shall maintain compliance with its individual system-wide collection system permit
for the operation and maintenance of these facilities as required by 15A NCAC 2T.0400 and G.S
143-215.9B. If you have any other questions regarding this matter,please contact Charlie Miller,
P.E.at(919) 707-3627 [email:[e-mail]].
Sincerely,
/—�AD'o' 1
c'uSiigned byy:A •h's.''`
AAL
'-C464531431644FE...
for Richard E. Rogers,Jr.
Director, Division of Water Resources
by MichaelMontebello
NPDES Branch Chief, Division of Water Resources, DEQ
enclosures: Permit No.WQ0036952
.0403 Supplement(if applicable)
Operational Agreement
cc: James K Wiley, Beacon Street Moss,LLC ([e-mail])
Washington Regional Office,Water Quality Regional Operations Section
Municipal Permitting Unit Files (electronic copy)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 l61 l Mail Service Center I Raleigh.North Carolina 27699-1611
919.707.9000
o.o.a.eM a e,.. ..n. .a a.mr�

, DocuSign Envelope ID:A3CC233B-EFCD-4E18-83ED-64075FDA094D
AVIA
rlc►DENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E, Skvarla, Ill
Governor Director Secretary
March 10th, 2014
James Wiley, Manager
Beacon Street Moss LLC
PO Box 6474
Raleigh, NC 27628
!II1
Subject: Permit No.WQ0036952 ;,--• -� • • l
'Beacon Street Moss LLC
Mass'Landing Low Pressure Sewer System(LPSS) Pumps ; ' ' MAR 1 3 2014 I,1
Wastewater Collection System Extension
Beaufort County � • , :t DICE
Dear Mr.Wiley:
In accordance with your application received February 5th, 2014,and additional information received on
March 10th, 2014 we are forwarding herewith Permit No. WQ0036952, dated March 10th, 2014, to
Beacon Street Moss LLC for the ronstruction and operation of the subject wastewater collection system
extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject
to the conditions and limitations as specified therein. This cover letter and supplement shall be
considered a part of this permit and are therefore incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 1.1 The Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and shall be 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 Statutes
§143-215.6A to §143-215.6C for violation of or failure to act in accordance with the
terms and conditions of thispermit. A copyof the Articles of Incorporation,
P
Declarations, and Bylaws that have been properly filed shall be submitted with
certification prior to operation.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system
permit issued to the Permittee.
It shall be responsibility of Beacon Street Moss LLC to ensure that the as-constructed project meets the
appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North
Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to
the licensing board.
1617 Mall Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Sallsbry St Raleigh,North Carolina 27604 •One •
Phone:[phone]\FAX [phone] N�o . C yatr�fo•`lina
Intemetwww.nonterpuarrtv.ora �i Y[titu{�.�i4`l ..
An Equal Opportunity 1 Affirmattre Action Employer .

DocuSign Envelope ID:A3CC233B-EFCD-4E18-83ED-64075FDA094D
Beacon Street Moss,LLC
Moss Landlag LPSS Pumps
WQ0036952
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 30 days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 1.50E of North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714. Unless such demands are made,this permit shall be final and binding.
If you need additional information concerning this matter, please contact Michael Leggett at(919)807-
6312 or via e-mail at [e-mail].
Sincerely,
A."1.`}1"1—
for Thomas A. Reeder
Division of Water Resources
by Deborah Gore,Supervisor
Pretreatment, Emergency Response,Collection System Unit
enclosure: Operational Agreement
cc: James W. Forman Jr., PE—Bearing Point Consulting
Bill Clark, President—Moss Landing Owners Association
104 N. Market Street,Washington, NC 27889
hin�ton-REgiona!-Office;Wate ' 2Ji.ty�cfion_Keglonaf_aperaii nos
Allen Lewis, Public Works Director—City of Washington ([e-mail])
Water Resources Central riles:WQ0036952
PERCS(electronic copy)

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MENR
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
WASTEWATER COLLECTION SYSTEM EXTENSION 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 the
Beacon Street Moss LLC
Beaufort County
for the construction and operation of 38 simplex pump stations with on-site audible and visual alarms
and associated service laterals and appurtenances to serve 21 three bedrooms single family residential
units and 17 four bedroom single family residential units as part of the Moss Landing Low Pressure
Sewer System project, and the discharge of 0 gallons per day of collected domestic wastewater into the
City of Washington's existing sewerage system, pursuant to the application received February 5th, 2014,
and additional information received on March 6th, 2014 and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.
Collection system mains and flow allocation permitted under Permit No.WQ0031413.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
specified conditions and limitations contained therein.
Permit issued this the 10`h day of the March, 2014.
&LIA,W\-IN —Ake\-SZ--
for Thomas A. Reeder
Division of Water Resources
By Authority of The Environmental Management Commission
Permit Number; WQ0036952

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SUPPLEMENT TO PERMIT COVER SHEET
Beacon Street Moss LLC is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension.
The sewage and wastewater collected by this system shall be treated in the City of Washington
Wastewater Treatment Facility(NC0020648).
Permitting of this project does not constitute an acceptance of any part of the project that does not
meet 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division
approval is based on acceptance of the certification provided by a North Carolina-licensed Professional
Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed
project meets the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS
1. The Operational Agreement between the Permittee and the Environmental Management Commission is
incorporated herein by reference and shall be 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
Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. A copy of the Articles of Incorporation,Declarations, and Bylaws that have been
properly filed shall be submitted with certification prior to operation.
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II.STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there Is a desire for the wastewater collection facilities to
change ownership,or there Is a name change of the Permittee,a formal permit request shall be submitted to
the Division accompanied by documentation from the parties involved,and other supporting materials as may
be appropriate. The approval of this request shall be considered on its merits and may or may not be
approved.
2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit,the approved plans and specifications,and other supporting data.
3. This permit shall be effective only with respect to the nature and volume of wastes described In the
application and other supporting data,
• 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee
shall maintain compliance with an Individual system-wide collection system permit for the operation and
maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit Is not required,the
following performance criteria shall be met as provided In 15A NCAC 2T.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or
surface waters,and to prevent any contravention of groundwater standards or surface water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan Including pump station inspection frequency, preventative
maintenance schedule, spare parts Inventory and overflow response has been developed and
Implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e. 365 days
per year). Pump stations that are connected to a telemetry system shall be inspected at least once per
week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with
15A NCAC 28 .0506(a),and public notice shall be provided as required by North Carolina General Statute
§143-215.1C.
h. A Grease Control Program is in place as follows;
1. For public owned collection systems, the Grease Control Program shall Include at least biannual
distribution of educational materials for both commercial and residential users and the legal means to
require grease Interceptors at existing establishments. The plan shall also include legal means for
Inspections of the grease Interceptors, enforcement for violators and the legal means to control
grease entering the system from other public and private satellite sewer systems.
2. For privately owned collection systems,the Grease Control Program shall Include at least!pi-annual
distribution of grease education materials to users of the collection system by the permittee or its
representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this
Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
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I. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment
accessibility.
j. Documentation shall be kept for Subparagraphs (a)through (i)of this Rule for a minimum of three years
with exception of the map,which shall be maintained for the life of the system.
S. Noncompliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Washington Regional Office,
telephone number [phone], 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 SSO and/or spill over 1,000 gallons;or
c. Any SSO and/or spill,regardless of volume,that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal
report. Overflows and spills occurring outside normal business hours may also be reported to the Division of
Emergency Management at telephone number(800) 858-0368 or [phone]. Persons reporting any of
the above occurrences shall file a spill report by completing and submitting Part i of Form CS-SSO(or the most
current Division approved form)within five 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. Part II of Form
CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond
control.
6. Construction of the gravity sewers, pump stations, and force mains 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. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities,
the completed Engineering Certification form attached to this permit shall be submitted certifying that the
permitted facility has been installed in accordance with this permit,the approved plans and specifications,and
other supporting materials. If this project is to be completed in phases and partially certified,you shall retain
the•responsibility to track further construction approved under the same permit, and shall provide a final
certificate of completion once the entire project has been completed.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion of
this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions.
Permit modifications are required prior to certification (Final or Partial) and are required for any changes
resulting in non-compliance with this permit (including but no limitied to pipe length increases of 10% or
greater, increased flow, pump station design capacity design increases of 5%or greater, and increases in the
number/type of connections),or regulations. After-construction requests are discouraged by the Division and
may not be approved,thus requiring replacement or repair prior to certification&activation.
8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through
§143-215.6C.
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•
10. In the event that the wastewater collection 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 facilities.
11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules,
regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which
have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B.0200, erosion and
sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000,
and any requirements pertaining to wetlands under 15A NCAC 2B.0200 and 15A NCAC 2H.0500.
12. The Permittee shall provide for the pump station and force main the following items:
a. Pump Station Reliability:
1. Pump stations, except when exempted by Subparagraph (j)(2) of 15A NCAC 02T.0305, shall be
designed with multiple pumps such that peak flow can be pumped with the largest pump out of
service.
2. A standby power source or pump is required at all pump stations except for those pump stations
subject to Subparagraph (j)(2) of 15A NCAC 02T.0305. Controls shall be provided to
automatically activate the standby source and signal an alarm condition.
3. As an alternative to Part(c)for pump stations with an average daily design flow less than 15,000
gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or pumping
capability may be utilized. It shall be demonstrated to the Division that the portable source is
owned or contracted by the permittee 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 in the case of a multiple station power outage.
4. As an alternative to Part (li) for pump or vacuum stations connecting a single building to an
alternative sewer system, wet well storage requirements shall be documented to provide 24-
hours worth of wastewater storage or, exceed the greatest power outage over the last three
years or the documented response time to replace a failed pump, whichever is greater.
Documentation shall be required pursuant to the permit application.
b. All pump stations designed for two pumps or more shall have a telemetry system to provide remote
notification of a problem condition to include power failure and high water alarm.
c. High water audio and visual alarm.
d. Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour
emergency number and Instructions to call in case of emergency. Simplex pump or vacuum stations
serving a single-family residence shall have a placard or sticker placed Inside the control panel with a 24-
hour emergency contact number.
e. Screened vents for all wet wells.
f. The public shall be restricted access to the site and equipment.
g. Air relief valves shall be provided at ail high points along force mains where the vertical distance exceeds
ten feet.
13. The Permittee shall maintain on hand for immediate installation an adequate supply of spare,fully operational
pump units of each type used in the system.
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15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division approved average daily flow less than
200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided
the system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this
Rule:
(1) The sewer system is effectively maintained and operated at all times to prevent discharge to
land or surface waters, and to prevent any contravention of groundwater standards or
surface water standards.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule, spare parts inventory and overflow response has been
developed and implemented.
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are
inspected by the permittee or its representative every day (i.e., 365 days per year). Pump
stations that are connected to a telemetry system are inspected at least once per week.
(5) High-priority sewers are inspected by the permittee or its representative at least once every
six-months and inspections are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is
conducted at least once year.
ear.
per
(7) Overflows and bypasses are reported to the appropriate Division regional office in
accordance with 15A NCAC 02B .0506(a), and public notice is provided as required by G.S.
143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly owned collection systems,the Grease Control Program shall include at
least biannual distribution of educational materials for both commercial and
residential users and the legal means to require grease interceptors for new
construction and retrofit, if necessary, of grease interceptors at existing
establishments.The plan shall also include legal means for inspections of the grease
interceptors,enforcement for violators and the legal means to control grease
entering the system from other public and private satellite sewer systems.
(B) For privately owned collection systems,the Grease Control Program shall include at
least biannual distribution of grease education materials to users of the collection
system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts
(A) and (B) of this Subparagraph if necessary to prevent grease-related sanitary
sewer overflows.
(9) Right-of-ways and easements are maintained in the full easement width for personnel and
equipment accessibility.
(10)Documentation shall be kept for Subparagraphs (a)(1)through (a)(9) of this Rule for a
minimum of three years with exception of the map, which shall be maintained for the life of
the system.
(b) Private collection systems on a single property serving an industrial facility where the domestic
wastewater contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system should not be deemed to be permitted in
accordance with this Rule and Rule .0113 of this Subchapter.This determination shall be made in
accordance with Rule .0113(e)of this Subchapter.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006.

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•
STATE OF NORTH CA1 OLINA
COUNTY OF_ _ Beau fort Permit No, W(3 (0 l D2.
DEVELOPER'S OPERATIONAL AGREEMENT
Ak
This AGREEMENT made pursuant to G.S. 143-215.1 (di)and entered into this_ 10 day of
ill -L ZO 1-\ , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; end Beacon Street
Moss,LLC ,a Limited Liability Company registered/licensed to do business in the State
of North Carolina,hereinafter linpw;n as the DEVELOPER
WITNEl SETH:
1. The DEVELOPER is the owner of the certain lams lying in Beau ort County, upoa Which it is erecting and will
erect dwelling units.and ether improvements, said development to'be known t3s i?10s4 Lttttding (here.itilaiter the
Development).
2. The DEVELOPER.desires, to construct a wastewater collection:syStetn with pumps, Wastewater ttcatoient wdtke,
andtor 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,ninintain,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 PBVBLOPER 1taa paused to be formed Pr cause to be farmed at the time.of filing of'the Declaration,_the
Moss Landing Phase.II Owners Association, Inc. (hereinafter,Associafiotr), u non-profit corporation.organized
and existing under acid by the virtue of the laws of the Slate of North Carolina,for the purpose,among others, of
handling the property, aft Ira and business, of the Development of'operating, nialr?taining, re-constructing and
repairing the common elements of the lands and improvements subject to unit ownership, .inelnriing the Disposal
Systein; and of collecting dues and assessments to provide l'iitids far 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 provisiodss in order to protect the quality of the Waters
otthe State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benetts to be derived by each of the parties hereto; the
Comml SIL r and L Y Q1'ER zlo hereby mutually agree as follows:
I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plant;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 anti law.
2. The DEVELOPER shall not transfer ownership and/or Control of the Disposal System to the Association until
construction has been coriipleted 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:D V I:18-13 Page 1 of 2

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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 shell identify the entire wastewater treatment, collection and 1
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: ha order to assure that there shall be funds readily available to repair,
maintain or censtnict the Disposal System,boyoud the routine opeiation and maiotenaaee expenses,the Declaration
add MsociatiOn Bylaws shall provide that a fund be created out of the common expenses, Such fund shall be
separate from the routine maintenance funs allocated for the f dlity,and shah beptirt Of the yearly budges.
0. In the event the common expense allocation and separates fund are not edequate for the construction, repair; and
maintenance of the l}isposa1 System,the Deelarat,itm and Asspeiatior1 Bylaws shall provide'Aar'speeial.assessttients
to eoVer such necessary costa:There shall be no limit on the amount.of such assessments, and the Declaration and
Bylaws,shall provide that such special assessments.cart be made as necessaty'at spy 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 avaiiable'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 conveyor
transfer as much of the Disposal System arid such necessary easeinents as the gtvernmental 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
AsAociation 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 Associatiop
Bylaws that the Association.shall nOt enter into voluntary dissolution without first having.transferred its said system
and.flaeilities.to surge 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 Dcedg in the County(ies)wbere the Declaration is filed and
in the gabs$Af the Secretary of State of North Carcilina with the Articles of Incorporation of the Association.
IN WITNESS WI13 P EOF,this agreement was executed.in deplicate:originals.by the duly authorized representative oft e
parties hereto on the day-arid year v&ttlep as indicated by each of the-parties-named below:
FOR.THE ENVIRONMENTAL Beaeort Street Moss,LLC
MI\IAQE1v1ENT C' R COMMISSION blame of DEVELOPER f
.�,i1-Thomas A.Reeder,Director (S.• : ure)
Division of Water Resources
VVVV James K.Wiley,Manager _
Print Name and Title
v-1O— a-0t L{ / -3 t --,?-o/"I
(Date) (Date)--- ------ ---
FARM;DEV 08-13 Page 2 of 2