WQ0040685_Operational Agreement_20191101

DocuSign Envelope ID: EDCE834B-220B-42F2-A3CA-D2CEDFE41986
5TATE OF NORTH CARO,INA
COUNTY OF _ Rs2 W Permit No. J
DEVELOPER'S OPERATIONAL AGREEMENT j
I'iis AGREEMENTmadepursuant to G.S. 143-215.1 (dl) and entered into thisl� da} of
by and between the North Carolina Environmental V1anagenicat
Commissionak
an
ency of the State of North Carolina, hereinafter knovrn as the COiMMISSION1. and
Y U ►� LA, a corporation/general partnership registereddicensed to do
business in the State of North Carolina, hereinafter known as theDEVEI.OP!_`,R.
WITNESSETH:
Fhe DEVELOPER is the owner of the certain lands lying in ``te !..i 'CTG`�"��� __C oullty. Up011
which it is erecting and will erect dwelling units and other improvements, said development to be known
as D �T C22 -G wv st,f (hereinafter the Developnlcnt).
?. The DEVELOPER desires, to construct a wastewater collection system with pumps, N�nstcNvater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitarti scv,,atc disposal to sel.ve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G,S. 1 43-
21 5.1 to construct, maintain, and operate the Disposal System.
4, The DEVELOPER has created or shall create unit ownership in said dwellings 1lnits, r)ther imllrnvemellts
and lands through tiling of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time ot` filing of, the.
Declaration. qGw I (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue Ofthe of tile State
of North Carolina, for the purpose, among others, of handling the property, alfairs and business of the
Development, of operating, maintaining, re -constructing and repairing the common clenients of the lands
and improvements subject to unit ownership, including the Disposal System: and ol' collecti11- dues and
assessments to provide funds for such operation, maintenance, re -construction and repair.
G. The COMMISSION desires to assure that the Disposal System of the Development is prol'crly eUtIA ucted,
maintained and operated in accordance with law and permit provisions in order to proWct the clualit}• 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 wid 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 previsions andlaw.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal S\,steU1 to the Association
until construction has been completed in accordance with the perrnit and approved flans, and the staff ol'
the Division of Water Resources has inspected and approved of the facilities. In order to change the Hanle;
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 its resTu}nsibility Inr
the operation and maintenance of its Disposal System until apennit has been reissued to the DEVELOPERSs
successor.
r"r1F)x 1. 11 F,AI O"? In Tll.. 1 _V'1

DocuSign Envelope ID: EDCE834B-220B-42F2-A3CA-D2CEDFE41986
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 he 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.
i. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate frorn the routine maintenance funds allocated foi- 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.
If a wastewater collection system and wastewater treatment and/or disposal facility provided by any ciiy,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharacd into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, sanely 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 t1)L-
Association Bylaws that the Association shall not enter into voluntary dissolution without first having,
transferred its said system and facilities to same person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apermit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and S 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 tiled at the Register of Deeds in the Countytiesj 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:
FORTHE ENVIRONMENTAL
MANAGEMENT COMMISSION Na4e ofDEVELOPER
DocuSigned by: ,, .. ''''..•^
R : / �rrir
Linda Culpep 1111nc7Dc43a _.__��_-- — (Signature)
Director, Division of Water Resources
Prink Name and Title
11/1/2019
(Date)
it 11204 �
(Date)
nnnr 4. nncr m 1n T)--- 11 r-,