WQ0041926_Application (FTSE)_20200914

Permit Number WQ0041926
Program Category
Non -discharge
Permit Type
Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions
Primary Reviewer
dean.hunkele
Coastal SWRule
Permitted Flow
Facility Name
Eden Village Private Sewer
Location Address
Owner
Owner Name
Eden Village of Wilmington
Dates/Events
Central Files: APS _ SWP _
9/ 1 /2020
Permit Tracking Slip
Status
Project Type
In review
New Project
Version
Permit Classification
A
Individual
Permit Contact Affiliation
Major/Minor Region
Minor Wilmington
County
New Hanover
Facility Contact Affiliation
Owner Type
Non -Government
Owner Affiliation
Thomas M. Dalton
PO Box12868
Wilmington NC 28405
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
8/21/2020 sl ,�, C �-q—x
Regulated Activities Requested /Received Events
Additional information requested

Coastal Land Desiqn, PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
August 20, 2020
NCDEQ-DWR
1617 Mail Service Center
Raleigh, NC 27699-1636
(919) 807 — 63 12
Re: Fast Track Sewer System Extension Application for Eden Village of Wilmington (Private Sewer)
Eden Village of Wilmington is a planned developed located on an approximately 4.2-acre tract of land off
Kornegay Avenue adjacent to the Creekwood North subdivision in Wilmington, North Carolina. The development
is proposed to contain 32 small single -bedroom residences and one community center. The wastewater design
flow rates for Eden Village of Wilmington are based upon 15A NCAC 02T .0114 rules. Each of the 32 single -
bedroom residences have an allocation of 240 gallons per day (GPD) and the community center has an allocation
of 50 GPD based upon 5 GPD per seat for 10 seats. The total daily design flow is 7,730 GPD.
This submittal is for the private portion of the project's infrastructure and consists of 413 linear feet of gravity
sewer within the property and connects to the public portion of this extension within the Kornegay Avenue right-
of-way (separate submittal). The total daily design flow of 7,730 GPD from this development will be treated by
the James A. Loughlin NSWWTF (NC 0023965) owned and operated by the Cape Fear Public Utility Authority.
Included with this submittal are provided below. The application fee was submitted with the original submittal.
• B. Cover Letter (This Sheet)
• C. Application Fee ($480.00)
• D. Fast Track Application (Form: FTA 04-16)
• E. Flow Tracking/Acceptance Form: FTSE 10-18)
• F. Site Maps (USGS Topographic Map and Street Level)
If you have any questions or need any additional information, please feel free to contact our office.
Very Respectfully,
,���N CARP'''',,
ESS/pP9y9
SEAL
033196
'gmiiinmt"��
Jay Carmine, P.E.
Project Manager
cc: File
P.O. Box 1172 Wilmington. NC 28402
11hone:910-254-9333 Fax:[phone] w xv cv. C L D e o g. c om

State of North Carolina
Department of Environmental Quality
DWR Division of Water Resources
15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number: V6 qkq% (to be completed by DWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
1. Applicant's name: Eden Village of Wilmington (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ State/County ❑ Municipal ❑ Other
3. Signature authority's name: Thomas M. Dalton. MD per 15A NCAC 02T .0106(b)
Title: President of Eden Village of Wilmington
4. Applicant's mailing address: P.O. Box 12868
City: Wilmington
5. Applicant's contact information:
State: NC Zip: 28405-_
Phone number: [phone] Email Address: tomdaltonmdO,2mail.com
IL PROJECT INFORMATION:
1. Project name: Eden Village
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number: W000_ and issued date:
If new construction but part of a master plan, provide the existing permit number: W000_
3. County where project is located: New Hanover
4. Approximate Coordinates (Decimal Degrees): Latitude: 34,2533' Longitude:-77.9097'
5. Parcel ID (if applicable): R-04808-006-003-000
(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Jay R. Carmine License Number: 033196
Firm: Coastal Land Design. PLLC
Mailing address: P.O. Box 1172
City: Wilmington
Phone number: (M) 254-9333
State: NC Zip: 28402-.
Email Address: icarmine(7cldenp com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
James A. Loughlin
1. Facility Name: YSWWTF Permit Number: NC O023965
Owner Name: Cane Fear Public Utility Authority
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
1. Permit Number(s): WQ Unknown Downstream (Receiving) Sewer Size: 8 inch W s o(Jg1 (W
System Wide Collection System Permit Number(s) (if applicable): WQCS_
Owner Name(s):
FORM: ETA 04-16 Pagel of 5

V1. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑No ®N/A
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached?
❑ Yes []No ®N/A
3. If the Applicant is a Home/Property Owners' Association, has an Operational Agreement (FORM: HOA) been attached?
❑ Yes ❑No ®N/A
4. Origin of wastewater: (check all that apply):
® Residential Owned ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential Leased ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool /Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
® Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: 100 % Domestic/Commercial % Commercial
_ % Industrial (See 15A NCAC 02T .0103(20))
),Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Hasa flow redaction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ®No
➢ If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(D)
Daily Design Flow a,b
No. of Units
Flow
Single Bedroom Units
240 gal/day
32
7,680 GPD
Community Center
5 gal/seat/day
10
50 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Tot,1
7,730 GPD
a See 15A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas;
and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined
in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 7 730 GPD (per 15A NCAC 02T .0114)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, indicate why:
❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line
❑ Flow has already been allocated in Permit Number:
❑ Rehabilitation or replacement of existing server with no new flow expected
❑ Other (Explain):
FORM: FTA 04-16 Page 2 of 5

VIL GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T.0305 & MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches) Length (feet) Material
8 413 C-900 PVC
➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC
VIIL PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains):
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: -
3. Design flow of the pump station: _ millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): _ gallons per minute at feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) Material
6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1):
❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(B)_
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility
Or if the pump station has an average daily flow less than 15,000 gallons per day:
❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T
.0305(h)(1)(C)
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(lt)(1)(C):
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement)
and is compatible with the station.
➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided
in the case of a multiple station power outage.
FORM: FTA 04-16 Page 3 of 5

IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T.0305(f)):
1. Does the project comply with all separations found in 15A NCAC 02T .0305(t) & (g)
➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems:
® Yes ❑ No
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below vertical
24 inches
Water mains vertical -water over sewer including in benched trenches
18 inches
Water mains horizontal
10 feet
Reclaimed water lines vertical - reclaimed over sewer
18 inches
Reclaimed water lines horizontal - reclaimed over sewer)
2 feet
**Any private or public water supply source, including any wells, WS-1 waters of Class I or
Class II impounded reservoirs used as a source of drinking water
100 feet
**Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal
high water or tide elevation and wetlands see item IX.2
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches
10 feet
Any building foundation
5 feet
Any basement
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade vertical
36 inches
➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved.
➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications weboage
➢ If noncompliance with 02T.0305(f) or (g), see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes ❑ No
➢ See the Division's draft separation requirements for situations where separation cannot be meet
➢ No variance is required if the alternative design criteria specified is utilized in design and construction
➢ As built documents should reference the location of areas effected
3. Does the project comply with all setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No
➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202
4. Does the project comply with an individual 404 Permit or any 401 Certifications? ® Yes ❑ No
➢ Wetland -related permits shall be requested, obtained, and adhered to for projects that impact wetlands or surface waters
➢ Information can be obtained from the 401 & Buffer Permitting Branch
5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)?
® Yes ❑ No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications arc being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwater management plans, etc.).
6. Does this project include any sewer collection lines that are deemed "high -priority?"
Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
❑ Yes ® No
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections
documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 Page 4 of 5

X. CERTIFICATIONS:
I. Does the submitted systeat comply with I Ste\ NCAC 02 the \_I ininuuu Design Criteria for tire _Pennittitw sit Pgrnp .Station,
and 1_oo c Mai is latest version). and the Gr wit3 Sws, cr Miuialuur Desig Criteria dutem version) as applicable?
® Yes ❑ No
If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documcots far
review. Approval of tire reuuest is renuired prior to submittal of file Fast Track Aonlication •tuei stippor•titidocuments
T Professional Engineer's Certification:
Jason R. Carmine, P.E. attest that this application for
(Professional Engineer's name final Application Item Ill.1.)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications,
engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best
of m), knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting
of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent \a'ith the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false
sndentent, representation, or certification in any application package shall be guilty of a Class 2 misclentcanor, which may
include a fine not to exceed S 10,000, as well as civil penalties up to S25,000 per violation.
tfllttr!/(�
North Carolina Professional Engineer's seal, signature, and (late: \a„i' it (:,A
I • Ali ;`�` v�.
3. Applicant's Certification per ISANCAC 071.0106(b): ,
J M I ) PM—y 131-3 r tH P V Vt)1IA3v'l 'LVt+V VI"&M-mest that this application for
(Signature Authority's uaare & title from Application treat 1.3.)
has been reviewed by are and is accurate and complete In the best of illy knowledge. I understand that if all required parts of
this application are not completed and that if all required supposing documentation and attachments are not included, this
application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -
discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties,
injunctive relief, and/or criminal prosecution. INNill make no claim against the Division of Water Resources should it condition
of this permit be violated. I also unders(and that if all required parts of this application package are not completed and that if
all rcquiral supporting information and attachments are not included, this application package will be returned to ate as
incomplete.
NOTE — lit accordance with General Starnes I,;U-'I?.b,% and I_l3-'I�,nli, any person who knowingly makes aov false
statement, represenraion, or certification in nay application package shall be guil(y of it Class 2 misdemeanin. which may
include aline not to exceed S 10,000 as well as civil penalties up to S25,000 per violation.
t
l...�
Signature: ,
,,\„ l.. t� Date: -- L --- L-- ZL
FORM: FTA 04-I6 I'agc5 at 5

8/28/2020
North Carolina Secretary of State Search Results
• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
Non -Profit Corporation
Legal Name
Eden Village of Wilmington
Information
Sosld: 1946921
Status: Current -Active O
Date Formed: 2/6/2020
Citizenship: Domestic
Annual Report Due Date:
CurrentgnnuaL Report Status:
Registered Agent: Dalton, Thomas M.
Addresses
Mailing
812 Forest Hills Drive
Wilmington, NC 28403
Reg Mailing
812 Forest Hills Drive
Wilmington, NC 28403
Principal Office
812 Forest Hills Drive
Wilmington, NC 28403
Reg Office
812 Forest Hills Drive
Wilmington, NC 28403
https://www.sosnc.gov/online_services/search/Business_Registralion_Results Ill

State of North Carolina
Department of Environmental Quality
Division of Water Resources
Pivkiwl ,4 ,-,'ea,,, R, ,,t,,,,, t .; Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
Entity Requesting Allocation: Eden Village of Wilmington
Project Name for which flow is being requested: Eden Village
More than one FTSE ntay be required far a single project if the owner of the WWTP is not responsible for all ptanp
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: James A. Loughlin (Northside) WWTP
b. WWTP Facility Permit #: NPDES NC O023965
Al[ flows are in MGD
c. WWTP facility's permitted flow 16.000
d. Estimated obligated flow not yet tributary to the WWTP 3.465
e. WWTP facility's actual avg. flow 10.661
f. Total flow for this specific request 0.007730
g. Total actual and obligated flows to the facility 14.134
It. Percent of permitted flow used 88.3
II. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A) (B) (C) (D)=(B+C) (E)=(A-D)
Design Obligated,
Pump Pump Average Approx. Not Yet Total Current
Station Station Firm Daily Flow** Current Tributary Flow Plus
(Name or Permit Capacity, * (Firm / pt), Avg. Daily Daily Flow, Obligated Available
Number) No. MGD MGD Flow, MGD MGD Flow Capacity***
10 N/A 14.832 5.933 3.472 0.607 4.079 1.854
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow
that can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor
(pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): Cape Fear Public Utility Authority
Downstream Permit Number:
Page 1 of 6
FTSE 10-19

III. Certification Statement:
I Jeff Theberge, CFPUA Eng. Mgr certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving
wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been performed in accordance
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and II plus all attached planning assessment addendums for which I
am the responsible party. Signature of this form certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater.
8/20/2020
Official Signature Date
Engineering Manager
Title of Signing Of
Page 2 of 6
FTSE 10-18

Coastal Land Deslan. PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
P.O. Box 1172 Phone: [phone]
Wilmington, NC 28402 Fax: [phone]
www.cldeng.com
To:
NCDEQ-DWR
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone]
Attn:
bean Hunkele
❑ As Requested
❑ Sent via Mail
Quantity I Drawing No.
RECEIVED
AUG 31 2020
NCDEO
WILMINGTON RO
Date:
August 31, 2020
File:
390-00
Subject:
Fast Track Sewer Applications
Eden Villaae of Wilmineton
:W00041926
❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Courier
Description
PRIVATE SEWER EXTENSION — EDEN VILLAGE OF WILMINGTON
Original I Developer's Operational Agreement (DEV 03-19)
11 1 1 Copy I Developer's Operational Agreement (DEV 03-19) 11
Remarks Please contact our office should you have any questions or concerns. Thank you.
CC: File C a Design, PLLC
Client
Signed
Jay R. Carmine, PE

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Permit No. WQ0041926
DEVELOPER'S OPERATIONAL AGREEMENT II JJ
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this ' _I day of
,rr}Q_u— � A(N O , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
EDEN VILLAGE OF WILMINGTON , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as theDEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in NEW HANOVER County, upon
which it is erecting and will erect dwelling units and other improvements, said development to beknown
EDEN VILLAGE (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 filing 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 of filing of the
Declaration, EDEN VILLAGE OF WILMINGTON (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 andrepair.
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 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 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 andlaw.
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 Resources 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 andDeclaration.
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.
FORM: DEV 03-19 Page l of

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
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 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 funds allocated for the facility and shall be part
of the yearlybudget.
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 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 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, 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 apermit.
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 ENVIRONMENTAL EDEN VILLAGE OF WILMINGTON
MANAGEMENT COMMISSION Name ofDEVELOPER
Bv: k�w— ,
S. Daniel Smith (Signature) `
Director, Division of Water Resources
THOMAS M. DALTON, MD - PRESIDENT
Print Name and Title
(Date)
FORM: DEV 03-19 Page 2 of 2