WQ0015515_Final Permit_20130924

tNCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 24, 2013
Dennis Zettervall — Secretary and Treasurer
Heavenly Mountain Residential Association, Inc.
1896 Heavenly Mountain Drive
Boone, North Carolina 28607
Subject: Permit No. WQ0015515
Bear Pen Village
Wastewater Irrigation System
Watauga County
Dear Mr. Zettervall:
In accordance with your permit renewal request received May 29, 2013, and subsequent
additional information received August 29, 2013 and September 23, 2013, we are forwarding herewith
Permit No. WQ0015515 effective December 1, 2013, to the Heavenly Mountain Residential Association,
Inc. for the continued operation of the subject wastewater treatment and irrigation facilities. Please note
that this renewed permit shall become effective on December 1, 2013 (i.e. the day after the expiration date
of the existing permit), which may differ from the issuance date of this letter.
This permit shall be effective from December 1, 2013 until November 30, 2018, shall void
Permit No. WQ0015515 issued November I4, 2011, and shall be subject to the conditions and limitations
as specified therein. PIease pay particular attention to the monitoring requirements listed in Attachments
A and B for they may differ from the previous permit issuance. Failure to establish an adequate system
for collecting and maintaining the required operational information shall result in future compliance
problems.
For your convenience, customized electronic copies of your facility's NDMR and NDAR-1
reporting forms are available for download at: http://portal.nedenr.or web/wq/aps/Iaulreporting.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall 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 at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Rale6 h, North Carolina 27699-1636
Location:512 N. SallsburySt., Raleigh, North Carolina 27604
Phone: [phone] FAX: 919-W-6496
Internet: wwwwaterquality.oM
An Equal Opportunity 1 Affirmative Action Employer

Mr. Zettervall
September 24, 2013
Page 2 of 2
If you need additional information concerning this permit, please contact David Goodrich at (919)
807-6352 or at [e-mail].
Sincerely,
i
or Thomas A. Reeder
cc: Watauga County Health Department
Winston-Salem Regional Office, Aquifer Protection Section
Permit File WQ0015515
LAU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER IRRIGATION 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
Fi enwenly Mountain Residential Association, fne.
Watauga County
FOR THE
continued operation of a 10,000 gallon per day (GPD) wastewater treatment facility and a 10,000 GPD drip
irrigation facility consisting of.
a single train package plant with bar screen, an effluent H-plume with ultrasonic flowmeter, a 5000 gallon
equalization basin with dual 30 GPM 12 foot TDH pumps, a 20,000 gallon aeration chamber with dual 216 SCFM
blowers, a 6700 gallon sludge holding chamber, a 47 cfm blower for the EQ basin and sludge holding chamber, a
hopper bottom clarifier, dual six sq. ft. tertiary filters, a tablet chlorinator, a 1,000,000 gallon effluent storage
tank, an emergency generator connector, available portable generator, dual 55 GPM 175 foot TDH irrigation
pumps, a "Pure -Rite" control/filtration system, a "Pere -Rite" drip irrigation system consisting of four separate
drip irrigation zones each with twenty-five 440 foot Iong laterals, totaling 44,000 lineal footage; and all associated
piping, valves, controls,.alarms, meters, and appurtenances
to serve the Heavenly Mountain Residential Association Ine.'s Bear Pen Village, with no discharge of wastes to
the surface waters, pursuant to the application received June 30, 2011, 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.
The treatment system has been approved to a maximum treatment flowrate of 20,000 GPD, and this capacity can
be acknowledged and reinstated upon the receipt of a permit modification request.
This permit shall be effective from. December 1, 2013 until November 30, 2018, shall void Permit No.
WQ0015515 issued November 14, 2011, and shall be subject to the following specified conditions and
Limitation s:
WQOO15515 Version 3.0 Shell Version 130408 Page i of 7

I. SCHEDULES
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the
declarations and bylaws documenting compliance with the attached Operational Agreement.
H. PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained and operated at all times so there
is no discharge to surface waters, nor any contravention of groundwater or surface water standards.
In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions
due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate
the effluent, the Permittee shall take immediate corrective actions including Division required actions,
such as the construction of additional or replacement wastewater treatment or irrigation facilities.
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility.
3. Effluent quality shall not exceed the limitations specified in Attachment A.
4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in
Attachment B.
The irrigation system shall be connected to a rain or moisture sensor, which shall indicate when
effluent application is not appropriate in accordance with Conditions M.4. and HL5. of this permit_
6. The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC
02L .0107(b). This disposal system was individually permitted on or after December 30, 1983;
therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or
50 feet within the property boundary, whichever is closest to the effluent disposal area. An
exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation
action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with
North Carolina General Statute 143-215.6A through 143-215.6C.
7. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the
compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the
review boundary shall require action in accordance with 15A NCAC. 02L .0106.
8. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary.
9. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring
wells, shall be constructed within the compliance boundary except as provided for in 1 SA NCAC 02L
.0107(g).
10_ Except as provided for in 15A NCAC 02L A107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Watauga County Register of Deeds an easement running with the land containing the following
items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L _0107(0(1);
WQ0015515 Version 3.0 Shell Version 130408 Page 2 of 7

b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance
boundary for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
11. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for irrigation sites (all sites permitted prior to September 1, 2006) shall be as
follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Any property Iine: 50
iii. Any well with exception of monitoring wells: 100
iv. Drainageways or surface water bodies: 50
v. Public right of way: 50
b. setbacks for storage and treatment units (all units permitted prior to September 1, 2006) shall be
as follows (all distances in feet):
i. Any well with exception of monitoring wells: 100
ii. Any property line: 50
III. OPERATION AND MAINTENANCE REOUTREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507, which at a minimum shall include operational
functions, maintenance schedules, safety measures and a spill response plan.
2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G _0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules.
3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation system._
4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B.
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff_
6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration
records shall be maintained at the facility for a period of no Iess than five years, and shall be made
available to the Division upon request.
WQ0015515 Version 3.0 Shell Version 130408 Page 3 of 7

7. Only effluent from Heavenly Mountain Residential Association's Bear Pen Village shall be irrigated
on the sites listed in Attachment B.
8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment
installation or while maintenance is being performed.
9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited.
10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T .0508.
11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited.
12. The chloride tablets used in the disinfection facility shall be of the kind and type specified in the plans
and specifications approved by the Division.
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sampling reporting schedule shall be followed.
2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for
the required effluent, groundwater or surface water parameters.
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure the
accuracy and reliability of flow measurement consistent with accepted engineering and scientific
practices. Selected flow measurement devices shall be capable of measuring flows with a maximum
deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year;
and maintained to ensure the accuracy of measurements is consistent with the selected device's
accepted capability. The Permittee shall maintain records of flow measurement device calibration on
file for a period of at least five years_ At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c_ Percent from true flow.
4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A.
5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a
minimum, these records shall include the following information for each irrigation site listed in
Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c_ Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year -to --date hydraulic (inches/acre) loadings;
f_ Loading rates to each infiltration site listed in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
WQ0015515 Version. 3.0 Shell Version 130408 Page 4 of 7

6. Three copies of all monitoring data (as specified in Conditions 1V.3. and IVA.) on Form NDUR for
each PPI and three copies of all operation and disposal records (as specified in Condition N.S.) on
Form NDAR-1 for every site in Attachment B shalI be submitted on or before the Iast day of the
following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. A record shall be maintained of all residuals removed from this facility. This record shall be
maintained at the facility for a period of no less than five years, and shall be made available to the
Division upon request. At a minimum, this record shall include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. VoIume of residuals removed.
8. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for
a period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Date of calibration of flow :measurement device;
b. Visual observations of the plant and plant site; and
c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections and cleanings, etc_),
9. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained at the facility for a
period of no less than five years, and shall be made available to the Division upon request. At a
minimum, the Standard Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation. (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
10. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem 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 any of the following:
a. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is
abnormal in quantity or characteristic, including the known passage of a hazardous substance.
b. Any process unit failure (e.g_, mechanical, electrical, etc_), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
WQ0015515 Version 3.0 Shell Version I30408 Page 5 of 7

d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation sites.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall 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 days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur.
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and irrigation facilities.
2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to
prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The
Permittee shall maintain an inspection log that includes, at a minimum, the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and irrigation facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this
permit, and may collect groundwater, surface water or leachate samples.
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with
the conditions of this permit, the Division approved plans and specifications, and other supporting
documentation.
3_ This permit is effective only with, respect to the nature and volume of wastes described in the permit
application; Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T
A 105(n).
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concernto the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under
15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
WQ0015515 Version 3.0 Shell Version 130408 Page 6 of 7

5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC
02T .01050).
8. This permit is subject to revocation or unilateral modification upon 60 days' notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110.
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 24th day of September 2013, effective December 1, 2013
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
f Tho s A. Reeder, Director
Divisi n of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0015515
WQ0015515 Version 3.0 Shell Version.] 30408 Page 7 of 7

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0015515 Version: 3.0
Heavenly Mountain Residential Association, Inc. — Bear Pea: Village WWTF
PPI 001— WWTF Effluent
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING
REQUIREMENTS
PCS
Code
Parameter Description
Monthly Average
Monthly Geometric
Mean
Daily
Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
50050
Flow, in conduit or thru treatment plant
1 000
GPD
Continuous
Recorder
00310
BOD, 5-Day (20 Deg. C)
mg/l
4 X year
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5C
#/100 ml
4 X year
Grab
00610
Nitrogen, Ammonia Total (as N)
mg/1
4 X year
Grab
00620
Nitrogen, Nitrate Total (as N)
mg/l
4 X year
Grab
50060
Chlorine, Total Residual
Mg/1
4 X year
Grab
00400
pH
su
Weekly
Grab
00530
Solids, Total Suspended
mg/l
4 Xyear
Grab
00665
Phosphorous, Total (as P)
mg/l
4 X year
Grab
Quafterly (4 X year) sampling shall be conducted every February, May, August and November.
WQQ015515 Version 3.0 Attachment A Page l of 2

THIS PAGE BLANK
WQ001551 -rsion 3.0 Atta intA :2 of

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIYRTATIIONS
Heavenly Mountain. Residential Association, Inc. --Bear Pen Village WWTF
Permit Number: WQ0015515 Version: 3.0
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Owner
County
Latitude
Longitude
Net
Dominant
Parameter
Hourly
Yearly
Units
Acreage
Soil Series
Rate
Max
I
Heavenly Mountain Residential
Association, Inc.
Watauga
36010'22"
81034'58"
1.5
AcF —Ashe Chestnut Complex
1284—Application Surface Irrigation
0.2
44.0
Inches
2
Heavenly Mountain Residential
Association, Inc.
Watauga
360I0'22"
81034'58"
1.5
AcF—Ashe Chestnut Complex
1284--Application Surface Irrigation
0.2
44.0
Inches
3
Heavenly Mountain Residential
Association, Inc.
Watauga
36010'22"
81034'58"
L5
AcF --Ashe Chestnut Complex
1284—Application Surface Irrigation
0.2
44.0
Inches
4
Heavenly Mountain Residential
Association, Inc.
Watauga
36°10'22"
81034'58"
1.5
AcF — Ashe Chestnut Complex
1284 — Application Surface Irrigation
0.2
44.0
Inches
'Totals
6.0
WQ0015515 Version3,0 Attachment Page I of

THIS PAGE BLANK
WQ00155 3 ersion 3.0 Atta ent B tge 2 of 2

FORM• hP 08-1 i NON -DISCHARGE MOI )RING REPORT (NI Page
Permit • erg
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FORM aR-1 08-11 NON -DISCHARGE APPI MON REPORT (NDAR-1) Page
PermitNo.: VVQ0015515
Facility Name: Bear Pen Village WWTF
County: Watauga
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Area (aGres),
at
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FIGURE 1
HEAR PEN VILLIAGE
WASTEWATER IRRIGATION SYSTEM
WATAUGA COUNTY
W 0� 015515
SITE DETAIL MAP

STATE OF NORTH CAROLINA
COUNTY OF k4 t j 6- a
Permit No. W a 0D JS3- IS
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this �qday of
Rn bcr Z� i .3 . by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
y" Ix 4—t 4 ,n J r d .. L 6 S,voc- fa , 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.
WITNESSETH:
1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as ,iy n vr!t � M oy O La t ? -
(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
duality 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 ASSOCIATION 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.
FORM. HOA 08-13 Page 1 of 2

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 of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
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.
S. 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.
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 filed at the Register of Deeds in the County(ies) where the Declaration
is fled 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
4�-f Th as eeder, Director
Division of Water Resources
kirayen4 M44o ,11 0,0
Name of A&SOCIATION
t,t- . 9 -� �A�
(Signature)
CN h .S 11 -2e T 1 C,,Vi j f
Print Naxxie and. Title
9/10/3
(Date) (Date)
FORM: HOA 08-13
Page 2 of 2