HomeMy WebLinkAboutWQ0018146_Final Permit_20010717State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G_ Ross Jr., Secretary
Kerr T. Stevens, Director
July 17, 2001
Mr. David Edwards, Vice President
Jordan Lake Preserve Corporation
PO Box 490
Pittsboro, NC 27312
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENv1RONMENT ANp NATURAL RESOURCES
Subject: Permit No. WQ0018146
The Preserve at Jordan Lake (formerly the
Harris Tract)
Wastewater Treatment and Reclaimed Water
Utilization System
Chatham County
Dear Mr. Edwards:
In accordance with your ownership change request received January 18, 2001 and the modification request received March 5,
2001, we are forwarding herewith Permit Number WQ0018146, dated July 17, 2001, to the Jordan Lake Preserve Corporation
for the construction and operation of the subject wastewater treatment reclaimed water utilization system, The permit
modification approves a new wastewater treatment plant design and modified volumes of the 5-day retention pond and the
irrigation storage pond.
This permit shall be effective from the date of issuance until August 31, 2005, and shall hereby void permit number
WQ0018146 dated September 13, 2000, 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.
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.
One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this
matter, please contact Sue Homewood at (919) 733-5083 extension 502.
Sinc ,
Kerr T. Stevens
cc: Chatham County Health Department
Raleigh Regional Office, Water Quality Section
Raleigh Regional Office, Groundwater Section
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER TREATMENT AND RECLAIMED WATER UTILIZATION 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
Jordan Lake Preserve Corporation
Chatham County
FOR THE
construction and operation of a 194,000 GPD wastewater treatment and reclaimed water utilization system to
serve The Preserve at Jordan Lake with no discharge of wastes to the surface waters, pursuant to the
modification request received March 2, 2001 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 wastewater treatment system shall consist of the following components; a manually cleaned bar screen, a
60,000 gallon aerated equalization tank with four 75 GPM transfer pumps, one 250 cfm blower a flow splitter
box, two 140,000 gallon aeration basins with six 350 cfm blowers, four 10,300 gallon clarifiers, two tablet
chlorinators, dual 2,085 gallon primary chlorine contact chambers, two 22,500 gallon aerated sludge holding
tanks, a tertiary filtration system with dual 70-square foot filter beds with two 140 cfm blowers, a I0,520
gallon clear well, a 11,200 gallon mud well, a 400,000 gallon per day ultraviolet disinfection system, two
tablet chlorinators, dual 3,310 gallon secondary chlorine contact chambers, a 4,000 gallon effluent chamber
with a continuous flow monitoring and recording device, a continuous turbidity monitoring and recording
device, and two 200 GPM pumps and all associated piping, valves, electrical and instrumentation/control
systems, and other appurtenances required to complete the wastewater treatment system.
The reclaimed wastewater irrigation system shall consist of: a four -inch force main from the effluent chamber
to either a 1,200,000 gallon clay -lined 5-day side stream pond or a 20,567,900 gallon clay -lined irrigation
ponds; a pump station, force main and distribution system capable of irrigating 194,000 gallons per day of
tertiary treated wastewater to approximately 133.85 acres of golf course areas at the rate of 0.1 inch per hour,
and all associated piping, valves, electrical and instrumentation/control systems, and other appurtenances
required to complete the reclaimed wastewater irrigation system.
This permit shall be effective from the date of issuance until August 31, 2005, and shall be subject to the
following specified conditions and limitations:
1. PERFORMANCE STANDARDS
1. Upon completion; of construction and prior to operation of this permitted facility, a certification
must be received from a professional engineer certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting materials. If this project is to be completed in phases and partially certified, you shall
retain the responsibility to track further construction approved under the same _permit, and shall
provide a final certificate of completion once the entire project has been completed. Mail the
Certification to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617.
2. The Raleigh Regional Office, telephone number (919) 571-4700, shall be notified at least forty-
eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can
be made. Such notification to the regional supervisor shall be made during the normal office
hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays.
3. The reclaimed water utilization facilities shall be effectively maintained and operated at all times
so that there is no discharge to the surface waters, nor any contamination of ground waters which
will render them unsatisfactory for normal use. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to
adequately assimilate the wastewater, 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 and disposal facilities.
4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface or groundwaters resulting from the operation of this facility.
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.
Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
The following buffers shall be maintained:
a) 100 feet between wetted areas and water supply wells,
b) 100 feet between wetted areas and waters classified as SA,
c) 25 feet between wetted areas and surface waters not classified as SA,
d) 100 feet between wastewater treatment units and wells,
e) 50 feet between reclaimed water storage/irrigation ponds and property lines, and
f) 50 feet between wastewater treatment units and property lines.
Public access to the irrigation sites shall be controlled during active site use. Such controls may
include the posting of signs showing the activities being conducted at each site. A sign shall be
posted in plain sight showing these activities.
9. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the
public or employees that the water is not intended for drinking. Where appropriate, such warning
shall inform the public or employees to avoid contact with the water.
10. All reclaimed water piping, valves, outlets and other appurtenances shall be color -coded, taped or
otherwise marked to identify the source of the water as being reclaimed water as required in 15A
NCAC 2H .0219(k)(1)(D)(ii).
11. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits
operation by authorized personnel only.
12. As per 15A NCAC 2H .0219(k)(1)(D)(vi) there shall be cross -connection control between the
reclaimed water and potable water systems.
13. Upon completion of site grading and shaping, an amended site evaluation will be conducted by a
licensed soil scientist, and an amended site evaluation report shall be submitted to the Division of
Water Quality. This report shall specifically address, but not be limited to, the effects of
grading/construction upon the original site evaluation. The evaluation should include an
investigation of key areas of grading, including soil features such as depth to seasonal high water
table, depth to fractured bedrock, soil series, and similar soil features. The report should address
the site suitability to ensure the protection of groundwater and the appropriateness of the permitted
irrigation rate. Upon completion of site grading and shaping, the Division of Water Quality,
Raleigh Regional Office, telephone number (919) 571-4700, and the Division of Water Quality,
Groundwater Section, telephone number 919-715-3221, shall be notified so that a soils/site
inspection can be made. Such notification shall be made during the normal office hours from 8:00
a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. No wastewater shall be
introduced into the treatment system until written approval from the Division of Water Quality is
received.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times.
2. Upon classification of the facility by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall employ a certified wastewater treatment plant
operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator
must hold a certificate of the type and grade at least equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the WPCSOCC. The Permittee must also
employ a certified back-up operator of the appropriate type and grade to comply with the
conditions of 15A NCAC 8G .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays,
and must properly manage and document daily operation and maintenance of the facility and must
comply with all other conditions of 15A NCAC 8G .0202. Once the facility is classified, the
Permittee must submit a letter to the WPCSOCC which designates the operator in responsible
charge within thirty days after the wastewater treatment facilities are 50% complete.
A suitable, year-round vegetative cover shall be maintained on the irrigation areas.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition
that will cause runoff.
Adequate measures shall be taken to prevent wastewater runoff from the spray field.
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 application rate shall not exceed a cumulative loading of 20.8 inches over any twelve (12)
month period at an instantaneous application rate not to exceed 0.10 inches per hour.
No type of wastewater other than that from the Preserve at Jordan Lake shall be sprayed onto the
irrigation area.
9. Freeboard in the five-day side -stream detention pond and the irrigation pond shall not be less than
two feet at any time. The irrigation pond shall be operated to maximize storage available during
summer to prepare for the winter storage requirement.
10. All wastewater shall be routed to the five-day holding pond should the limit for fecal coliform or
turbidity exceed that established in Condition III.3, until such time that the problems associated
with the treatment capability of the wastewater treatment plant have been corrected. The
wastewater in the five-day holding pond shall be pumped back to the treatment plant for
retreatment or treated in the five-day pond prior to discharge to the storage pond.
III. MONITORING AND REPORTING REQU REMENTS
Any monitoring (including groundwater, surface water, soil or plant tissue analyses) 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 Permittee shall install an appropriate flow measurement device consistent with approved
engineering and scientific practices to ensure the accuracy and reliability of influent flow
measurement. Flow measurement devices selected shall be capable of measuring flows with a
maximum deviation of less than 10 percent from true flow, 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:
b
Parameter Monthly Average Daily (Instantaneous) Maximum
Flow I94,000 GPD
BOD5 (5-day, 20°C) 10 mg/I 15 mg/1
NE3 as N 4 mg/1 6 mg/1
TSS 5 mg/l 10 Mgt]
Fecal Coliform 14 per 100 m] 25 per 100 ml
a
Turbidity ION
Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples
collected during the reporting period. 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 monthly average wastewater flow shall not exceed 1 ] 5,000 gallons per day until Phase II
is constructed and certified.
4
e
Normal operation of the facilities involve reclaimed water being conveyed to the irrigation
ponds at all times unless the continuous turbidity monitoring devices initiates an alarm
condition. The design of the facilities is such that manual transfer of wastewater to the five-day
side -stream detention pond is required in this situation. Therefore, in order to ensure that the
ORC has sufficient time to conduct such manual operation, the turbidity set -point that will
trigger an alarm situation and initiate the telemetry system shall not be less than 6.0.
4. The effluent from the subject facilities shall be monitored, by the Permittee, at the point prior to
discharge to the irrigation ponds for the following parameters:
Parameter
Sampling Point
Sampling Frequency
Type of Sample
Flow
Influent or Effluent
Continuous
Recording
Turbidity
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
NO3
Effluent
* *Triannually
Grab
TDS
Effluent
*"Triannually
Grab
TOC
Effluent
* *Triannually
Grab
Chloride
Effluent
*'Triannually
Grab
The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
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
5. Adequate records shall be maintained by the Permittee tracking the amount of wastewater
disposed. These records shall include, but are not necessarily limited to the following
information:
a. date and time of irrigation,
b. volume of wastewater irrigated,
c. zone irrigated,
d. length of time zone is irrigated,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each zone,
f, weather conditions, and
g. maintenance of cover crops.
6. Three (3) copies of all operation and disposal records (as specified in condition III 5) on Form
NDAR-1 and three (3) copies of all effluent monitoring data (as specified in condition 1II 4) on
Form NDMR-1 shall be submitted on or before the last day of the following month. All
information shall be submitted to the following address:
5
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement 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 include
the name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to
accept the residuals, date the residuals were hauled, and volume of residuals removed.
A maintenance log shall be maintained at this facility including but not limited to the following
items:
a. Daily sampling results including residual chlorine, settleable matter, and 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.
7. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919)
571-4700, 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 sludge digester; 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 render 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
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of
compliance with its permit limitations.
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.
1V. GROUNDWATER REQUIREMENTS
Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
The COMPLIANCE BOUNDARY and REVIEW BOUNDARY for the reclaimed domestic
wastewater disposal system is specified by regulations in 15A NCAC 2H, Waste Not Discharge to
Surface Waters. According to 15A NCAC 2H .0219(k)(1)(C)(I)(III), the Compliance Boundary
and the Review Boundary for the groundwater shall be established at the Property Boundary.
No land application of waste activities shall be undertaken when the seasonal high water table is
less than one foot below land surface.
During the construction of the lagoon, if groundwater is encountered, an underlain system shall be
installed in such a manner as to prevent groundwater from entering the lagoon or rise within two
(2) feet of the bottom of the liner. The outlets of this system shall allow free movement of
collected water away from the lagoon bottom.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure
proper operation of the subject facilities.
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 keep 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 upon request to the Division or other permitting
authority.
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
1. 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.
3. 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. 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.
5. The issuance of this permit does not preclude the Permittee 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.
6. A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of the project.
The annual administering and compliance fee must be paid by the Permittee within thirty 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 15 NCAC 2H .0205 (c)(4).
9. The Permittee, at least six (6) 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" signed between the Environmental Management Commission and
Bluegreen Carolina Lands, LLC is hereby incorporated into this permit by reference. This permit
may be revoked if the Permittee fails to abide by the conditions of the "Operational Agreement"
signed by both parties.
Permit issued this the 17"' of July, 2001
NORTH ROLINA MI V ONMENTAL MANAGEMENT COMMISSION
ON
T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0018146
Permit No. WQ0018146
July 17, 2001
ENGINEER'S CERTIFICATION
Partial Final
1, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,
Project Name
Location and County
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of this permit, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
9
STATE OF NORTH CAROLINA
COUNTY OF CHATHAM Permit No. _ WQoo 18146
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this I _� n4 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
Jordan Lake Preserve Corporation , a corporation/general partnership registered/]icensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Chatham County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as The Preserve at Jordan Lake
(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 fling of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Association, Inc.
Declaration, the (Unit Owners' Association) The Preserve at Jordan Lake Community (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit 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 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 and law.
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 Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
DEVELOPER's successor.
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
FORM: DEV 10/99 Page 1 of 2
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 t,
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the.routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall tape 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.
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 a permit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of 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, NVIRNMENTAL
MAN ME C SSION
Kerr T. Stevens, Director
Division of Water Quality
-7--7--7<XJ7
(Date)
JORDAN LAK RES VE C RP _ r
Name of D 7z;
B
(Signat e
DAVTD EDWARDS, Vice President
Print Name and Title
(Date) 0.1
�7?7;'ITlR
FORM: DEV 10/99 Page 2 of 2