WQ0040167_Application (FTSE)_20180727

Landworks Design Group, P.A.
7621 Little Avenue, Suite 111
Charlotte, NC 28226
Memorandum
Date: July 20, 2018
To: NCDEQ
Mooresville Regional Office
610 E. Center Ave.
Mooresville, NC 28115
From: Landworks Design Group, PA
Steven S. Wilson. PE
Project: Hillside Towns
Job #: 17062
Re: Hillside Towns Private Sanitary Sewer
Tel: [phone]
Fax: [phone]
RECEIVEDINCDENR/DWR
JUL 2 3 2018
WOROS
MOORESVILLE REGIONAL OFFICE
On behalf of Carolina Cottage Homes, LLC. we are submitting a Fast -Track Application (FTA 04-16)
for gravity sewers for the construction of "Hillside Towns" private sanitary sewer and related
appurtenances.
• Project Narrative
• (2) Copies of completed application FTA 04-16
• Corporation Documents for Carolina Cottage Homes, LLC
• Flow Acceptance letter
• Flow Acceptance ApplicationFTSE 04-16
• Area Map
• Street Level Map
• Developer's Operational Agreement
• $480.00 fee
Appropriate forms have been signed by the proper representatives.
We look forward to your favorable review and approval of the proposed construction. Should you have
any questions or if we could aid in your review, please feel free to contact me at 704.841.1604.
RegnnS.
Zi
LanDesign G up, PA.
son, PE
P:12017 Jobs117062 -Park Road THs - SaussylPermit Submittals & ApprovalslUtility SubmittaWPrivate Sewerll_ 16007 DENR Private—Sewer
Submittal Memo -Cover letter. docx

Landworks Design Group, P.A.
7621 Little Avenue, Suite 111
Charlotte, INC 28226
Project Narrative
Date: July 20, 2018
To: NCDEQ
From: Landworks Design Group, PA
Steven S. Wilson, PE
Project: Hillside Towns
Job #: 17062
Re: Hillside Towns Sanitary Sewer Narrative
The proposed Hillside Towns is a planned 19 unit townhome development.
Tel: [phone]
Fax: [phone]
This project will consist of approximately +/-716 LF -8" gravity sewer and related appurtenances,
of which 318 LF is private, which will connect to a proposed 8" public gravity sanitary sewer on
Hillside Springs Dr.
The estimated sewage flow from this project is 6,840 gpd based on the following calculations; 3
bedrooms/unit @ 120 gpd = 3 x 120 x 19 = 6,840 gallons per day.
Regards
Landworks Design Group, P.A.
Steven S. Wilson, PE
P:12017 JobsU 7062 -Park Road THs - SaussylPermit Submittals & ApprovalslUtility Submittalsv'rivate Sewer12_ 16007 DWQ -Fast Track
Narrative.docx

State of North Carolina
DWR Department of Environmental Quality
Division of Water Resources
15A NCAC 02T.0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number:K. `41 b (to be completed by DWR)
All items must be completed or the aoolication will be returned
I. APPLICANT INFORMATION:
1. Applicant's name: Carolina Cottage Homes. LLC (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ State/County ❑ Municipal ❑ Other
3. Signature authority's name: Peter Harakas per 15A NCAC 02T .0106(b) RECEIVEDINCDENRIDWR
Title: Vice -President
4. Applicant's mailing address: 2550 W. Tyvola Road, Suite 100 JUL 2 3 2018
City: Charlotte State: NC Zip: 20217- WOROS
5. Applicant's contact information: MOORESVILLE REGIONAL OFFICE
Phone number: [phone] Email Address: peter.harakas(a),saussvburbank.com
II. PROJECT INFORMATION:
I. Project name: Hillside Towns
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number: W000_ and issued date:
If new construction but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: Mecklenburg
4. Approxtma a Coordina es Decimal -Degrees): L—atitude: 351815 Longitu—de: -808522
5. Parcel ID (if applicable): 14914437
(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Steven S Wilson License Number: 15497
Firm: Landworks Design Group
Mailing address: 7621 Little Avenue
City: Charlotte State: NC Zip: 28226 -
Phone number: C704) 841-1604 Email Address: swilson(aillandworkspa.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: McAlpine Creek W WTP Permit Number: NCO024970
Owner Name: Charlotte Water
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
1. Permit Number(s): WQ Downstream (Receiving) Sewer Size: inch
System Wide Collection System Permit Number(s) (if applicable): WQCS
Owner Name(s):
FORM: FTA 04-16 Page I 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 NN/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 MN/A
3. If the Applicant is a Home/Property Owners' Association has an Operational Agreement (FORM: HOA) been attached?
❑ Yes ❑No MN/A
4. Origin of wastewater: (check all that apply):
M Residential 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 % Commercial
Industrial (See 15A NCAC 02T .0103(20))
),Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Has a flow reduction been approved under 15A NCAC 02T.0 I 14(f)? ❑ Yes N No
➢ If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow'"
No. of Units
Flow
Residential Townhomes
190 gal/Unit/day
19
3,610 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Tota(
3,610 GPD
a See 15A NCAC 02T 0114(6), (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 . 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.0114] shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 3 610 GPD (per 15A NCAC 02T .0114)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, indicate why:
❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line
❑ Flow has already been allocated in Permit Number:
❑ Rehabilitation or replacement of existing sewer with no new flow expected
❑ Other (Explain):
FORM: FTA 04-16 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
8 318 DIP
➢ 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 requirement is not allowed and a violation of the MDC
Vlll. PUMP STATION DESIGN CRITERIA (If Applicable) -02T .0305 & MDC (Pump Stations/Force Mains):
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude:
3. Design flow of the pump station: millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): gallons per minute at feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) Material
6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1):
❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(13)_
➢ 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
Or if the pump station has an average daily flow less than 15,000 gallons per day:
❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T
.0305(h)(1)(C)
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C):
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement)
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.
FORM: FTA 04-16 Page 3 of 5

IX. SETBACKS & SEPARATIONS — (02B.0200 & 15A NCAC 02T.0305(f)):
I. Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (g)
➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems:
® Yes [—]No
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below vertical
24 inches
Water mains vertical -water over sewer including in benched trenches
18 inches
Water 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 -1 waters of Class I or
Class Il impounded reservoirs used as a source of drinking water
100 feet
**Waters classified WS (except WS -1 or WS -V), B, SA, ORW, HQW, or SB from normal
high water or tide elevation and wetlands see item 1X.2
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches
10 feet
Any building foundation
5 feet
Any basement
10 feet
Top sloe 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
➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(fl cannot be achieved.
➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications weboase.
➢ If noncompliance with 02T.0305(f) or (e). see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ❑ Yes ® No
➢ See the Division's draft separation requirements for situations where separation cannot be meet
➢ No variance is required if the alternative design criteria specified is utilized in design and construction
➢— As built documents should reference the location of areas effected — —
3. Does the project comply with all setbacks found in the river basin rules per 15A NCAC 02B .02009 ❑ Yes ® No
➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202
4. Does the project comply with an individual 404 Permit or any 401 Certifications? ® Yes [-]No
➢ Wetland -related permits shall be requested, obtained, and adhered to for projects that impact wetlands or surface waters
➢ Information can be obtained from the 401 & Buffer Permitting Branch
5. Does project comply with 15A NCAC 02T.0 I 05(c)(6) (additional permits/certifications)?
® Yes ❑ No
Per 15A NCAC 02T.0105(c)(O, directly related environmental permits or certification applications are 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.).
6. Does this project include any sewer collection lines that are deemed "high-priority?"
Per 15A NCAC 02T.0402, "high-priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
❑ Yes ® No
➢ 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 permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 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, complete and submit the Variance/Altemative Design Request application (VADC 10-14) and supporting documents for
review. Approval of the request is required prior to submittal of the Fast Track Application and supporting documents
2. Professional Engineer's Certification:
L `7"v1. C), W tit �' e^
gmeeCs name from Application Item III.1.)
this application for
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, Gravity Sewer
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.
North Carolina Professional Engineer's seal, signature, and date:
3. Applicant's Certification per I5A NCAC 02T
•••••Rte CARP(
•%O ."�SSIp••9 t
is •t i,
''�hNln ryt�N``
7 � //// p
I t 494-K,1`S U f 2FSr7F.ui attest that this application for
(Signature Authority's name& title from Application Item I.3.)
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 143-215.61any 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 nottoexceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: l�r yL!J(i Date: l�
FORM: FTA 0416 Page 5 of 5

CHARLOTTE
W6T E R
July 18, 2018
Mr. Steve Wilson
Landworks Design Group
7621 Little Avenue Ste. 111
Charlotte, NC 28226
SUBJECT: WATER AND SANITARY SEWER FLOW ACCEPTANCE
HILLSIDE TOWNS
3620 PARK RD.., CHARLOTTE NC
CLTWATER TRACKING#2018978
After an analysis of the sanitary sewer system associated with the proposed design of project
2018978, Hillside Towns, it was determined that there is sufficient capacity to accommodate the
proposed sewer flow of 3,610 gallons per day (19 units x 190 gal/unit) at the connection point(s)
indicated on the submitted utility plan for transmission to the Sugar Creek Wastewater Treatment
Plant; NPDES permit number NC0024937, for treatment. This acceptance of flow is based on the
existing capacity of the designated publicly owned treatments works. Please see attached NC DEQ
flow tracking form.
CLTWater agrees to furnish water to the subject project. The water quality to the subject project is
regulated by the State Drinking Water Act Amendments of 1986 and The Water Supply Management
Plan, PWS ID # 0160010 on file with the Public Water Supply Section of NC DENR. However,
CLTWater cannot guarantee a constant pressure or quality of flow.
CLTWater does not expect any of the above conditions to preclude water or sewer service to the
- - -subject-site-However,, the applicant should understand that due to the involvement of other agencies -
and continuing growth of the water and sewer system, the ability to provide service for future
projects cannot be guaranteed nor reserved. Connection to the CLTWater and sewer system is
accented on a first come, first served basis.
The applicant should understand that this letter is not authorization to construct private water or
sewer systems, as the appropriate local or State permits are required prior to construction. If the
approval shall be rescinded and a new flow acceptance request must be made. If you have any
questions, please do not hesitate to contact me at [phone] or Jonathan Beam (704) 336-
1006.
Sincerely,
qmawoe" &"m
Gwendolyn Banner
Engineering Assistant
Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 chat Iottewatei.org
,� Operated by the City of Charlotte

State of North Carolina
Department of Environmental Quality
DWR Division of Water Resources
Division of water Resources Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Entity Requesting Allocation: Landworks Design Group
Project Name for which flow is being requested: Hillside Towns
More than one FTSE. maybe required for a single project if the owner of the IVWTP is not responsible for all pump
stations along the route ofihe proposed wasiewaterflow.
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek
b. WWTP Facility Permit #: NC0024970, NC0024945, NCO024937
AlI flows are in MGD
c. WWTP facility's permitted flow 99.0
d. Estimated obligated flow not yet tributary to the WWTP 11.98
e. WWTP facility's actual avg. flow 65.01
f. Total flow for this specific request 0.00361
g. Total actual and obligated flows to the facility 76.99
h. Percent of permitted flow used 77.8%
11. 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
Average Daily
Approx.
Not Yet
Total Current
Station
Firm Flow**
Current Avg.
Tributary
Flow Plus
(Name or
Capacity, * (Firm / p0,
Daily Flow,
Daily Flow,
Obligated Available
Number)
MGD MGD
MGD
MGD
Flow Capacity***
*The Firm Capacity 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 (pi) not less than 2.5.
*** 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): Unknown
Downstream Permit Number: Unknown
Page I of 6
FTSE 04-I6

111. Certification Statement:
, Keri Cantrell 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 indicates acceptance of this wastewater flow.
Signing Official Signature
K-sG', 7/16/2018
Date
Page 2 of 6
FTSE 04-16

6/4/2018
North Carolina Secretary of State Search Results
• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
Print an Amended a Annual Report form • Print a Pre -Populated Annual Report form
Limited Liability Company
Legal Name
CAROLINA COTTAGE, L.L.C.
Information
Sosld: 0440106
Status: Admin. Dissolved
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 10/14/1997
Fiscal Month: December
Registered Agent: Gladden, John B
Addresses
Mailing Principal Office Reg Office Reg Mailing
310 Nesbit Downs 310 Nesbit Downs 821 Ocean Trail Ste 3 821 Ocean Trail Ste 3
Atlanta, GA 30350 Atlanta, GA 30350 Corolla, NC 27927 Corolla, NC 27927
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
https://w .sosnc.gov/online_services/search/Business_ Registration—Results 1/1

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STATE OF NORTH CAROLINA
COUNTY OF
Permit No. W CA)b PI(A
DEVELOPER'S 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
CAROtINAGs%lf-&deff- LLC- , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as theDEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in County, upon
which it is erecting and will erect dwelling units and other improvements, said development to beknown
as it/LLSi Ds- l n a✓HS (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 (Unit Owners' Association) C),l E2S &L-4Ci1NC (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of-NrnVhCarolina or purpose, among others, of handing 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 interesttherein.
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 11-17 Page 1 oft

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 yearlybudget.
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 COMMISSION
Linda Culpepper
Interim Director, Division of Water -Resources
CA2./XaNrk K22r—, Ods LLr
Name o,
By: / / ✓ettil.lG
(Signature)
PE—I5R–/I YQAKAS V r<�p�s.�i
Print Name and Title
(Date) (Date
FORM: DEV 11-17 Page 2 oft