WQ0029635_Final Permit_20191211

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
SHANE WOLFORD — PRESIDENT
SUNSET POINTE ON HIGH ROCK HOA LLC
522 SUNSET POINTE DRIVE
SALISBURY, NORTH CAROLINA 28146
Dear Mr. Wolford:
NORTH CAROLINA
Environmental Quality
December 11, 2019
Subject: Permit No. WQ0029635
Sunset Pointe WWTF
Wastewater Irrigation System
Rowan County
In accordance with your permit renewal request received August 23, 2019, and subsequent
additional information received November 15, 2019, we are forwarding herewith Permit No. WQ0029635
dated December 11, 2019, to Sunset Pointe on High Rock HOA LLC for the continued operation of the
subject wastewater treatment and irrigation facilities. Please note that this renewed permit shall become
effective on March 1, 2020 (i.e., the day after the expiration date of the existing permit).
This permit shall be effective from March 1, 2020 through September 30, 2025, shall void Permit
No. WQ0029635 issued December 11, 2014, and shall be subject to the conditions and limitations therein.
The Permittee shall submit a renewal application no later than April 3, 2025.
Please pay attention to the monitoring requirements listed Attachments A, B, and C 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.
The Division has removed the following permit condition since the last permit issuance dated
December 11, 2014:
➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable.
The following permit conditions are new since the last permit issuance dated December 11,
2014:
➢ Condition H.13. — All of the 15A NCAC 02H .02190) setbacks applicable at the original time
of permitting have been added.
➢ Condition III.16. — Metering equipment shall be tested and calibrated annually.
➢ Condition VI.10. — This condition states that the permit will not be renewed if the annual fee
is not paid.
➢ Attachment A — of Total Nitrogen has been added to effluent monitoring.
➢ Attachment C — of Total Phosphorus has been added to groundwater monitoring.
Dg Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
roam ciwouNa
of B*M—Mm 919.707.9000

Mr. Shane Wolford
December 11, 2019
Page 2 of 2
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. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Erick Saunders at (919)
707-3659 or erickon.saunders(d..ncdenr.gov.
Sincerely,
6nda Culpepper, Director
Division of Water Resources
cc: Rowan County Health Department (Electronic Copy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
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
Sunset Pointe on High Rock HOA L IBC
Rowan County
FOR THE
continued operation of a 75,000 gallon per day (GPD) wastewater treatment and irrigation facility
consisting of:
a 1,500 gallon baffled septic tank at each residence (106 four bedroom homes, 27 three bedroom patio
homes, and 36 two bedroom condominiums); an influent flow meter (to be constructed in accordance with
Condition I.1.); three flow splitter boxes; four 20,000 gallon recirculation tanks serving 16 Advantex AX-
100 textile filters; an ultraviolet (UV) disinfection; an 89,000 gallon pump tank with 298.4 gallon per
minute (GPM) pumps; a permanent auxiliary power source; a rain sensor; a 591,256 cubic foot (fl3)
synthetically lined wet weather storage pond; a 34.7 acre drip irrigation area consisting of 14 zones; and all
associated piping, valves, controls, and appurtenances
to serve the Sunset Pointe WWTF, with no discharge of wastes to surface waters, pursuant to the application
received August 23, 2019, subsequent additional information received November 15, 2019, and in
conformity with the Division -approved plans and specifications considered a part of this permit.
This permit shall be effective from March 1, 2020 through September 30, 2025, shall void Permit No.
WQ0029635 issued December 11, 2014, and shall be subject to the following conditions and limitations:
I �VYy 11041111"1
Based on the current configuration of the effluent flow meter and the low average daily flows (ADF),
the Permittee may conduct a monthly estimate of their effluent flow values. These values shall be
reported on the Non -Discharge Monitoring Report (NDMR) as required in Condition IV.7. Upon
reaching a monthly ADF of 8,000 gallons per day (GPD) and prior to exceeding an ADF of 9,000 GPD,
the Permittee shall submit a permit modification to the Division for the construction and operation of a
continuous monitoring and recording effluent flow meter. This permit modification shall include plans
and specifications for the proposed effluent flow meter, and be signed, sealed and dated by a licensed
North Carolina Professional Engineer. This permit modification shall be submitted to the Division of
Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A
NCAC 02T .0108(b)(1)(B)]
2. The Permittee shall request renewal of this permit on Division -approved forms no later than April 3,
2025. [15A NCAC 02T .0105(b), 02T .0109]
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H. PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject non -discharge facilities 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 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 disposal facilities. [ 15A NCAC 02T
.0108(b)(1)(A)]
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. [ 15A NCAC 02T .0108(b)(1)(A)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1)(A)]
5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0108(b)(1)(A)]
6. The attached Operational Agreement shall be a condition of this permit. Noncompliance with the terms
of the Operational Agreement shall subject the Permittee to all sanctions under G.S. 143-215.6A, G.S.
143-215.6B, and G.S. 143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. [15A NCAC 02T .0115]
7. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent
irrigation during precipitation events or wet conditions. [15A NCAC 02T .0505(x)]
8. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary,
whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division -approved relocation of the
compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common
ownership and permitted for use as a disposal system shall be treated as a single property with regard
to determination of a compliance boundary. [ 15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)]
9. The review boundary is midway between the compliance boundary and the wastewater irrigation area.
Any exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. [15A NCAC 02L .0106(d)(1), 02L .0108]
10. 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 (i.e., parcel subdivision). [ 15A NCAC
02L .0107(c)]
11. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107]
WQ0029635 Version 3.0 Shell Version 181105 Page 2 of 9

12. Except as provided for in 15A NCAC 02L .0107(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 Rowan
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(f)(1);
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.
[ 15A NCAC 02L .0107(f)]
13. The facilities herein were permitted per the following setbacks:
a. The irrigation sites were originally permitted March 27, 2006. The setbacks for drip irrigation sites
originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all
distances in feet):
i. Each private or public water supply source:
100
ii. Surface waters:
100
iii. Groundwater lowering ditches:
25
iv. Surface water diversions (upslope):
10
v. Surface water diversions (downslope):
25
vi. Each well with exception of monitoring wells:
100
vii. Each property line:
50'
viii. Top of slope of embankments or cuts of two feet or more in vertical height:
15
ix. Each water line:
10
x. Each swimming pool:
100
xi. Public right of way:
50
xii. Nitrification field:
20
xiii. Each building foundation or basement:
15
' Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)]
b. The storage and treatment units were originally permitted March 27, 2006. The setbacks for storage
and treatment units originally permitted or modified from February 1, 1993 to August 31, 2006 are
as follows (all distances in feet):
i. Each private or public water supply source: 100
ii. Surface waters: 50
iii. Each well with exception of monitoring wells: 100
iv. Each property line: 50'
v. Nitrification field: 20
' Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)]
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III. OPERATION AND MAINTENANCE REOUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC
02T .0500]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T
.0507(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T
.0507(b)]
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02T .0507(c)]
6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02T .0505(x)]
7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0507(d)]
8. Only treated effluent from the Sunset Pointe WWTF shall be irrigated on the sites listed in Attachment
B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)]
10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities.
[15A NCAC 02T .0505(q)]
11. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC
02T .0508, 02T .1100].
12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .05050)]
13. Freeboard in the 591,256 ft3 synthetically lined wet weather storage pond shall not be less than two feet
at any time. [15A NCAC 02T .0505(d)]
14. A gauge to monitor waste levels in the 591,256 ft3 synthetically lined wet weather storage pond shall
be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot
increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid
storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the
lowest point on top of the dam. [15A NCAC 02T .0507(f)]
15. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0507(g)]
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16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)]
17. An automatically activated standby power source capable of powering all essential treatment units 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. [15A NCAC 02T .0505(1)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent irrigated. 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. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 591,256 ft3 synthetically lined
wet weather storage pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly.
Weekly freeboard records shall be maintained for five years, and shall be made available to the Division
upon request. [15A NCAC 02T .0108(c)]
7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last 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
[15A NCAC 02T .0105(1)]
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8. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. 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. Volume of residuals removed.
[15A NCAC 02T .0508(b)]
9. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Date and results of power interruption testing on alternate power supply;
d. Visual observations of the plant and plant site; and
e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02T .0507(h)]
10. Monitoring wells MW-1, MW-2, and MW-3 shall be sampled at the frequencies and for the parameters
specified in Attachment C. All mapping well construction forms. well abandonment forms and
monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment
C and Fi ure 1. [15A NCAC 02T .0105(m)]
11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. 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
[15A NCAC 02T .0105(m)]
12. 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 five
years, and shall be made available to the Division upon request. Each 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
[15A NCAC 02T .0108(c)]
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13. Noncompliance Notification:
The Permittee shall report to the Mooresville Regional Office, telephone number [phone],
within 24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
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.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Mooresville Regional Office within five
days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to
ensure the problem does not recur. [ 15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [15A NCAC 02T .0507(i)]
2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and 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. [ 15A NCAC 02T
.0507(h), 02T .0507(i)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein
at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
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VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143-
215.1(0)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
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9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the I Ph day of December 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
nda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0029635
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Fi ure 1: WQ0029635 Site Map
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AMR-

RECEIVEDIN0700WR
STATE OF NORTH CAROLINA
COUNTY OF nu�.�.
NOV 1 5 2019
Non -Discharge
PermitNo. 1nllfiAb S
OPERATIONAL: AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d l) and -entered into this _I l 4 — day of
w chfesh 6.r ' 101 , by and between the North Carolina Environmental Management
Commission, an agency of the, State_ of North Carolina, hereinafter_ known. -as the- COMMISSION; and
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:
I. The A_SS_OCIATION.,was_formed;forthe:pucp.s�,e anion others ofhant�li gbdie__p:_rgpelkX;'nffails and_
business of the development known as 50" ai L _--.
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the -common
elements of the lands and improvements subject to unit'bwnership, including the wastewater collection
system with .pumps, wastewater treatment works, and/or -disposal facilities (hereinafter Disposal System);
and of collecting -dues and assessment to providefunds for such operation, Imamtenawe, reconstruction
and mfw7w,
2. The ASSOCIATION desires, to construct-arid/or operate'a'Disposal `System t&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 taw 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 shalt construct the Disposal System and/or make any additions or modifications to
the Disposal System in accordance with Mite 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 tie 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 11-17 Pagel of

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal Systein
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.
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 th�pmen> -tQ bc' dccepted and. discharged into- said governmental
system, and shall convey or trensfier 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
ASSOCIATIONS 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 fbr the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this. agreement shall befled at the Register of Deeds intfie Counon
is filed and in the offices of the Sect+etary of Sfate of Nort}i Carolinaritfi the Aiticles 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 5111214t1 UQA
MANAGEMENT COMMISSION Name of ASSOCTA7'ION
�• 13
rods Culpepper, Interim Director (Signatum)
Division of Water Resources
t o. or
Print Name and Title
iZl•��i' 11 It 12.01-9
(Date) (Date)
FORM: HOA 11-17 Pap 2 of 2