WQ0013027_Final Permit_20030107

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�O 9Q Michael F. Easley, Governor
0 G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E.,'Director
Division of Water Quality
January 7, 2003
Mr. Leslie H. Cochran, President
Sea Isle Plantation North Homeowners'Association
PO Box 156
Salter Path, NC 28575
Subject: Permit No. WQ0013027
Sea Isle Plantation North Homeowners' Association
Wastewater Treatment and High Rate Infiltration Facilities
Carteret County
Dear Mr. Cochran:
In accordance with your request for renewal received November 7, 2001, and subsequent additional information
received March 8, 2002 and September 13, 2002, we are forwarding herewith Permit No. WQ0013027, dated January 7,
2003, to Sea Isle Plantation North Homeowners' Association for the continued operation of the subject wastewater treatment
and high rate infiltration facilities.
This permit shall be effective from the date of issuance until December 31, 2007, shall void Permit No. WQ0013027
issued February 4, 1997, and shall be subject to the conditions and limitations as specified therein. Please pay particular
attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems.
Please note Condition I. 1 requiring the submittal of new Covenants and Bylaws properly indicating
ownership and responsibility of the common area to Sea Isle Plantation Homeowners' Association. Please note
Condition II.8 requiring removal of all vegetation. Inspection reports indicate this is not being conducted as required.
Please also note Condition II. 13 requiring addressing permitting of a sludge disposal method for this treatment
system.
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 thirty (30) days following receipt of this permit. This request must be in the
form of a written petition, conforming to Chapter 150B of the 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 Sue Homewood at [phone]
extension 502.
t
_5&
Alan W. Klimek, P.E.
cc: Carteret County Health Department -
Wilmington Regional Office, Water Quality Section
Wilmington Regional Office, Groundwater Section
Technical Assistance and Certification Unit
Water Quality Central Files
NDPU Files
Non -Discharge Permitting Urdt Internet http://h2o.=.state,nc_nslodpu NCDEM
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
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1

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
HIGH RATE INFILTRATION SYSTEM 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
Sea Isle Plantation North Homeowners' Association
Carteret County
FOR THE
continued operation of a 40,000 GPD wastewater treatment with disposal by rotary distributor facility consisting
of;
a 10,000 gallon flow equalization basin with dual 50 GPM pumps and one (1) 27 CFM blower, a manually
cleaned bar screen, flow splitter box, two (2) 20,000 gallon coarse bubble aeration basins, two (2) 3,333 gallon
clarifiers, one (1) 7,500 gallon aerated sludge holding tank, dual 194 CFM blowers, two (2) 14 square foot tertiary
filters with dual 209 GPM backwash pumps, dual 50 GPM mudwell pumps, and one (1) 28 CFM blower, a 834
gallon chlorine contact chamber, tablet chlorinator, flow meter, a 4,870 gallon effluent dosing tank with dual 100
GPM pumps, propane fueled stand-by generator, and two (2) 4,071 square foot, 72 foot diameter rotary
distributors, to serve;
sixty-six (66) units, ten (10) off -site units, seventy-four (74) boat slips, and a swimming pool in Sea Isle
Plantation North„ with no discharge of wastes to the surface waters, pursuant to the application received
November 7, 2001, and subsequent additional information received by the Division, and in conformity with the
project plan, specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.
This permit shaII be effective from the date of issuance until December 31, 2007, shall void Permit No.
WQ0013027 issued February 4, 1997, and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
Within six months of permit issuance, the Permittee shall submit Bylaws and Covenants of the
Homeowners' Association. These shall address all responsibilities of the common area and
wastewater treatment and disposal system as indicated in the Operational Agreement signed by the
Permittee.
2. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective actions, including those actions that may be
required by the Division of Water Quality (Division)_, such as the construction of additional or
replacement wastewater treatment or disposal facilities.

3. This permit shall become voidable if the soils fail to adequately assimilate the wastes and may be
rescinded unless the facilities are installed, maintained, and operated in a manner which will protect
the assigned water quality standards of the surface waters and ground waters. The ponding of
wastewater on the surface of the distribution field when the dosing cycle commences shall be
considered as evidence of failure of the soils to adequately assimilate the wastewater. Additionally,
such failure shall be interpreted as a violation of this permit condition.
4. The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
5. Adequate measures shall be taken to divert stormwater from the high rate infiltration area and to
prevent wastewater runoff.
6. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
The issuance of this pen -nit shall not relieve the Permittee of the responsibility for damages to surface
or groundwaters resulting from the operation of this facility.
The following buffers shall be maintained:
a. 400 feet between high rate infiltration unit and any habitable residence or place of public
assembly under separate ownership or which is to be sold,
b. 200 feet between high rate infiltration unit and any private or public water supply source and any
streams classified as WS or B,
c. 200 feet from mean high water between high rate infiltration unit and any "SA" or "SB" classified
surface waters,
d. 200 feet from normal high water between high rate infiltration unit and any other stream, canal,
marsh, or coastal waters,
e. 200 feet from normal high water between high rate infiltration unit and any Class I or Class I1
impounded reservoir used as a source of drinking water,
f. 200 feet between high rate infiltration unit and any other lake or impoundment,
g. 200 feet between high rate infiltration unit and any Drainage systems (ditches, drains, surface
water diversions, etc.) and from any groundwater lowering and surface drainage ditches,
h. 100 feet between high rate infiltration unit and property lines,
i. 50 feet between treatment units and property lines, and
j. 50 feet between high rate infiltration unit and other treatment units and public right of ways.
Some of the buffers specified above may not have been included in previous permits for this waste
treatment and disposal system. These buffers are not intended to prohibit or prevent modifications,
which are required by the Division, to improve performance of the existing treatment facility. These
buffers do, however, apply to modifications of the treatment and disposal facilities which are for the
purpose of increasing the flow that is tributary to the facility. These buffers do apply to any
expansion or modification of the high rate infiltration areas and apply in instances in which the sale of
property would cause any of the buffers now complied with, for the treatment and disposal facilities,
to be violated. The applicant is advised that any modifications to the existing facilities will require a
permit modification.
9. A usable green area shall be maintained for wastewater disposal. The green area shall have the
capability of accommodating the average daily flow of the facility being served without exceeding
the loading rates of the green area. A "green area", as defined in 15A NCAC 2H .0404 (g)(7), is an
area suitable for waste disposal, either in its natural state or which has been modified by planting a
vegetative cover of grasses or low growing shrubbery.
II. OPERATION AND MAINTENANCE REOMREMENTS
1. The facilities shall be properly maintained and operated at all times.

2. Upon classification of the wastewater treatment and spray irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s)
to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply
with all other conditions specified in these :rules.
3. The application rates for the high rate infiltration system shall not exceed 5.0 GPDlft2.
4. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater outside of the high rate infiltration disposal area, which result from the
operation of this facility.
5. No traffic or equipment shall be allowed on the disposal area except while installation occurs or
while normal maintenance is being performed.
6. The rotary distribution fields shall be raked twice weekly during the months April through October
and once a week during the months of November through March.
7. The screenings removed from the wastewater treatment plant shall be properly disposed in a sanitary
landfill or by other means that have been approved by this Division.
8. Vegetative growth must be kept out of the rotary distribution areas at all times. All vegetation must
be removed manually so that minimal disturbance will occur to the disposal area.
9. The application of chemicals to the distribution field(s) is expressly prohibited.
10. An automaticaIIy activated standby power source shall be on site and operational at all times. If a
generator is employed as an alternate power supply, it shall be tested weekly by interrupting the
primary power source.
11. Diffusers shall be cleaned as needed to ensure that adequate aeration is provided. Records of this
maintenance shall be maintained by the Permittee.
12. The chlorine tablets used in the disinfection facility shall be of the kind and type specified in the
plans and specifications approved by the Division.
13. An application for a sludge disposal permit shall be submitted within six (6) months of permit
issuance to include Sea Isle Plantation North as a source to an appropriate sludge hauling contractor.
III. MONITORING AND REPORTING RE UIREMENTS
1. Any monitoring deemed necessary by the Division to insure surface and ground water protection will
be established and an acceptable sampling reporting schedule shall be followed.
2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form
NDMR.
The flow measurement devices shall be accurately calibrated at a minimum of once per year, and
maintained to ensure that the accuracy of the measurements is consistent with the accepted capability
of that type of device. Records of flow measurement device calibration shall be kept on file by the
Permittee for a period of at least three years. At a minimum, data to be included in this
documentation shall be:
a. Date of flow measurement device calibration
b. Name of person performing calibration
c. Percent from true flow

3. As an indicator of proper operation and maintenance, the facility shall produce an effluent in
compliance with the following limitations:
a c
Parameter Monthly Average Daily Maximum
Flow 40,000 GPD
BOD5 (5-day, 20°C) 10 mg/1
NH3 as N 4 mg/l
TSS 20 mg/1
b
Fecal Coliform 14 per 100 nil 43 per 100 ml
The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
a
Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected
during the reporting period.
c
Monthly average for fecal coliform shall be the geometric mean of all samples collected during the
reporting period.
Daily maximum shall be the maximum value of all samples collected during the reporting period.
The effluent from the subject facilities shall be monitored, by the Permittee, at the point prior to
discharge to the rotary distributor(s) for the following parameters:
Parameter
_Sampling Point
Sampling Frequency
Type of Sample
Flow
Influent or Effluent
Continuous
Recording
BOD5 (5-day, 20°C)
Effluent
2/Month
Composite
NH3 as N
Effluent
2/Month
Composite
TSS
Effluent
2/Month
Composite
Fecal Coliform
Effluent
2/Month
Grab
Settleable Matter
Effluent
Daily
Grab
Residual Chlorine
Effluent
Daily
Grab
NO3
Effluent
**Triannually
Grab
TDS
Effluent
*Triannually
Grab
TOC
Effluent
*Triannually
Grab
Chloride
Effluent
**Triannually
Grab
pH
Effluent
**Triannually
Grab
* 2/Month sampling frequency only during the months of April through October. During the
remainder of the year, these parameters shall be monitored monthly.
** Triannually sampling shall be conducted during March, July, and November.
If Groundwater sampling indicates or predicts problems with compliance with of the Groundwater
Standards, this permit will be modified to include additional and/or more restrictive limitations.
4. Three (3) copies of all monitoring data (as specified in condition Ill 2 and III 3) on Form NDMR-1 1
and three (3) copies of all operation and disposal records (as specified in condition III 4) on Form
NDAR-2 shall be submitted on or before the last day of the following month. All information shall
be submitted to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
4

1617 Mail Service Center
Raleigh, North Carolina 27699-1617
A record shall be maintained of all residuals removed from this facility. The record shall include the
name of the hauler, the permit authorizing the disposal or a letter from a municipality agreeing to
accept the residuals, the date the residuals were hauled, and the volume of residuals removed.
6. A maintenance log shall be maintained at this facility including, but not limited to, the following
items:
a. Daily sampling results including dissolved oxygen in the aeration basin and at the clarifier weir;
b. Visual observations of the plant and plant site;
c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing,
diffuser inspections and cleanings, etc.);
d. Date of calibration of flow measurement device;
e. Date and results of power interruption testing on alternate power supply; and
f. Dates fields were raked and arms inspected.
7. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
395-3900, 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 any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a basin or tank, the known passage of a slug of hazardous substance through the
facility, or any other unusual circumstances;
b. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators,
compressors, etc.;
c. Any failure of a pumping station., sewer line, or treatment facility resulting in a by-pass of all or
any portion of the influent to such station or facility; or
d. Any time that self -monitoring information indicates that the facility is not in compliance with its
permit Iimitations.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five (5) 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.
IV. GROUNDWATER REQUIREMENTS
L The monitor wells MW-1, MW-2 and MW-3, shall be sampled every March, July, and November for
the parameters Iist below. The measurement of water levels must be made prior to sampling for the
remaining parameters. The depth to water in each well shall be measured from the surveyed point on
the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be
surveyed relative to a common datum.
Nitrate Total Dissolved Solids
Total Ammonia Nitrogen Fecal Coliferms
Chloride Water Level
PH Total Organic Carbon

Total Phosphorous Volatile Organic Compounds - In November only
If Total Organic Carbon (TOC) concentrations greater than 10 mg/1 are detected in any downgradient
monitoring well, additional sampling and analysis must be conducted to identify the individual
constituents comprising this TOC concentration. If the TOC concentration as measured in the
background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally
occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the
downgradient wells shall be subject to the additional sampling and analysis as described above.
For Volatile Organic Compounds (VOCs) sampled in November, use only one of the following
methods:
1. Standard Method 6230D, Practical Quantitation Limit (PQL) at 0.5 p.g/L or less.
2. Standard Method 6210, PQL at 0.5 µg/L or less.
3. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less.
4. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less.
5. Another method with prior approval by the Groundwater Section Chief.
Any of the referenced methods used for VOCs must at a minimum, include all the constituents Iisted
in Table VM of Standard Method 6230D. Any method used must provide a PQL of 0.5 µg/L or less,
which must be supported by laboratory proficiency studies as required by the DWQ Laboratory
Certification Unit. Any constituents detected above the Method Detection Limit (MDL) but below
the PQL of µg/L must be qualified (estimated) and reported.
2. Any laboratory selected to analyze parameters must be Division certified for those parameters
required.
3. All reports and documentation (GW-1, GW--30, GW-59) shall be mailed to the following address:
Groundwater Section
Permits and Compliance Unit
1636 Mail Service Center
Raleigh, N.C. 27699-1636
4. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality
Monitoring: Compliance Report Form) by the Groundwater Section on or before the last working day
of the month following the sampling month. The data of all groundwater sampling analyses required
by the permit conditions must be reported using the most recent GW-59 form along with attached
copies of the laboratory analyses.
5. Waste application activities shall not occur when the vertical separation between depth of application
and the water table is at less than one (1) foot. Verification of the water table elevation can be
confirmed by water level readings obtained from the monitor well(s) near the site or auger boring(s),
which must be done within 24 hours, prior to application of wastewater. Any open borings must be
properly filled with native soil, prior to application to decrease the chance of any waste contaminating
the groundwater.
6. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC
2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal
system constructed after December 31, 1983 is established at either (1) 250 feet from the waste
disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal
area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
subject to immediate remediation action in addition to the penalty provisions applicable under
General Statute 143-215.6A(a)(I).

V.
7. In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal
systems midway between the Compliance Boundary and the perimeter of the waste disposal area.
Any exceedance of standards at the Review Boundary shall require remediation action on the part of
the perrnittee.
8. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided-
Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain
an inspection log or summary including at least the date and time of inspection, observations made,
and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections
shall be maintained by the Permittee for a period of three years from the date of the inspection and
shall be made available to the Division or other permitting authority, upon request.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit, may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data..
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be submitted to the Division
accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and
may or may not be approved.
4. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly
owned wastewater collection system within 180 days of its availability to the subject facilities, if the
subject wastewater treatment or disposal facilities are in noncompliance with the terms and
conditions of this non -discharge permit or the governing statutes or regulations. Prior to the initiation
of these connection activities, appropriate approval must be received from this Division.
5. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division to
initiate action to revoke this permit as specified by 15A NCAC 2H .0205 (c)(4).
6. 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 Statute 143-
215.6A to 143-215.6C.
7

7. The issuance of this permit does not exempt the Pemuttec from complying with any and all statutes,
rules, regulations, or ordinances which 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 213.0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under
the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 2H .0500.
A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of this project.
9. The Perrnittee, at Ieast six (5) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described
therein, and if warranted, will extend the permit for such period of time and under such conditions
and limitations as it may deem appropriate.
10. The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and is 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 Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in accordance with the
terms and conditions of this Permit.
Permit issued this 7' day of January, 2003.
NORTH'OAROLINA)ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. KIimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0013027

STATE OF NORTH CAROLINA
COUNTY OF 7_62Ef
Permit No.VJQ o0 1-,�)Q
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dI) and entered into this day of
(W ZOoZ- , by and between the North Carolina Environzhtntal Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
G.E PcA qT-AT'j o,-i -- A16e_rH 11Dult=4W vd,'zs 45SdC. , a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
W=SSETH:
The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as SEzA /Vep—T dwe"&4s WS&6r,
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2 The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System-
4. The Development was created subject to unit ownership in the 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 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 ASSOCIATION do hereby mutually agree as follows:
1 _ The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
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 ASSOCLATION 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 ent e�entira.
wastewater treatment, collection and disposal system as a common eleW "Pt-w '�ti` z d s x re,the highest
priority for expenditures by the Association except for Federal, State, gird local "taxes'and-ihs'u"raiace.
J U N 7 2W2
FORM: HOA 10/99 Page 1 of 2
[�Olq-DISCHARGE PERWIT7:NI^

3. The ASSOCIATION 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
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for tine
facility and shall be part of the yearly budget_
4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made
as necessary at any time.
5. 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 ASSOCIATION 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_
6. 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 ASSOCIATION 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.
7. The ASSOCIATION 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
ASSOCIATION's successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be fled 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 VJITNTESS W11EREOF, 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 ENVIRONMENTAL IVB,27-tf
r OMMISSION Name ofASSOCIATION
c�
Bv:
4�iT-'_ ens Director (Signature)
Division of Water Quality / �
Print Name and Title
(Date) (Date)
FORM: - HOA 10199, Page 2 of 2