WQCSD0359_Regional Office Physical File Scan Up To 10/6/2020

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
February 12, 2015
Andrew Price, POA Member
34 Blue Ridge Drive North
Marion, NC 28752
SUBJECT: Collection System Inspection
Linville Falls Mountain Club and Preserve
Tracking No: WQCS.D0359
McDowell County.
Dear Mr. Price:
On January 21, 2015, I met with you and Juanita James to go over the requirements for the collection system .
serving the Linville Falls development.
Please refer to the enclosed inspection -report for observations and the 02T.0403 requirements. If you have any
questions., please call me at 828-296-4500.
Sincerely,
Linda Wiggs .
Environmental Senior Specialist
Asheville Regional Office
Enc. Inspection Report
cc: Juanita James
MSC _1617-Central Files -Basement
Tsl_avilFle Files -
G:\WR\WQ\McDowell\Wastewater\Minors\Linville.Falls Blue Ridge Country Club 80098\Inspection 2015\CEI.CollectionSystemJan2015.doc
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828-296A500 FAX: [phone]
Internet: http://portal.nedenr.org/web/wq
An Equal Opportunity\ Affirmative Action Employer

Compliance Inspection Report
Permit: WQCSD0359 Effective: 09/15/08 Expiration: Owner:
Linville Falls Club Property Association Inc
SOC: Effective: Expiration: Facility:
Linville Falls Mountain Club and Preserve
17677 Hwy 221 N
County: McDowell
Rt 3 Box 295
Region: Asheville
Marion NC 28752
Contact Person: Andy Price Title:
Phone: [phone]
Directions to Facility:
'.
System Classifications:
Primary ORC: Certification:
Phone:
Secondary ORC(s):
On -Site Represeritative(s):
Related Permits:
Inspection Date: 01/21/2015 Entry Time: 11:30AM Exit Time:
12:30PM
Primary Inspector: Linda S Wiggs/
Phone: [phone] Ext.4653 .
Secondary Inspectors):
Reason for Inspection: _ Routine Inspection Type:
Collection System Inspect Non Sampling
Permit Inspection Type: Deemed permitted collection system management and operation
Facility Status: 0 Compliant Not Compliant -
Question Areas:
Miscellaneous Questions Performance Standards
Operation & Maint Reqmts
Records Inspections
(See attachment summary)
Page: 1

permit; WQCSD0359 Owner - Facility: Linville Falls Club Property Association Inc
Inspection Date: 01/21/2015 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine
Inspection Summary:
Present during the inspection was Juanita James with James and James Environmental (ORC) and Andy Price with the
POA.
Juanita James. stated she would assist Mr. Price with high priority line inspections and spill response plan.
Below are the 02T.0403 criteria specific to this sewer system.
(1) The sewer system is effectively maintained and operated at all times to prevent discharge to land or surface waters, and
to prevent any contravention of groundwater standards or surface water standards.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule,
spare parts inventory and overflow response has been developed and..implemented.
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by the permittee
or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are
inspected at least once per week.
(5) High -priority sewers are inspected by the permittee or its representative at least once every six -months and inspections
are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is conducted at least once per
year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B
.0506(a), and public notice is provided as required by G.S. 143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of
educational materials for both commercial and residential users and the legal means to require grease interceptors for new
construction and retrofit, if necessary, of grease, interceptors at existing establishments. The plan shall also include legal
means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering
the system from other public and private satellite sewer systems.
(B) For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of
grease education materials to users of the collection system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this Subparagraph if
necessary to prevent grease -related sanitary sewer overflows.
(9) Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility.
(10) Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of three years with
exception of the map, which shall be maintained for the life of the system.
Page: 2

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Permit: WQCSDO359
Inspection Date: 01/21/2015
Owner - Facility: Linville Falls Club Property Association Inc
Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
24-hour contact numbers
Response time
Equipment list and spare parts inventory
Access to cleaning equipment
Access to construction crews, contractors, and/or engineers
Source of emergency funds
Site sanitation and cleanup materials
Post-overflow/spill assessment
Is a Spill Response Action Plan available for all personnel?
Is the spare parts inventory adequate?
Comment: VWVfP ORC is going to assist in developing a spill plan for Linville Falls POA.
Records
Are adequate records of all SSOs, spills and complaints available?
Are records of SSOs that are under the reportable threshold available?
Do spill records indicate repeated overflows (2 or more in 12 months) at samelocation?
If yes, is there a corrective action plan?
Is a map of the system available?
Does the map include:
Pipe sizes
Pipe materials
Pipe location
Flow direction -
Approximate pipe age
Number of service taps
Pump stations and capacity
If no, what percent is complete?
List any -modifications and extensions that need to be added to the map
Map is Engineer draft blueprints.
We discussed having a working, map or an overview map of the system created.
# Does the permittee have a copy of their permit?
Comment:
Yes No NA NE
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11
NC®ENR
North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 2, 2011
Mr. Glean Goldan, Manager
RDLG, LLC
555 H Street
Eureka, CA, 95501
i
i
c_,
`J _ y.....nee ..Freeman...,......:..
Secretary
Subject: Permit No. WQ0035393
Linville Falls Mountain Club
Low Pressure Sewer System Extension
McDowell County
Dear Mr. Goldan:
In accordance with your permit application received May 20, 2011, and additional
information received by the Division of Water Quality (Division), we are forwarding herewith
Permit No. WQ0035393 dated November 2, 2011, to RDLG, LLC for the construction and
operation of the subject wastewater collection system.
This Permit shall be effective from the date of issuance until rescinded, and shall be
subject to the conditions and limitations as specified therein.
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 30 days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of 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.
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 the approved plans and specifications. Mail the
Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh,
North Carolina 27699-1633. (Engineer's Certification Form is attached.)
One set of approved plans and specifications is being forwarded to you.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity ; Affirmative Action Employer
One
NorthCarolina
Naturalttf

Mr. Glenn Goldan
November 2, 2011
Page 2
If you need additional information concerning this matter, please contact Joseph Gyamfi,
P.E., State Review Engineer, at [phone] or Seth Robertson, P.E. at [phone].
Sincerely,
Coleen H. Sullins
j g/sr
cc: John Kinnaird, P.E., Brooks Engineering Associates, P.A., 17 Arlington Street, Asheville
North Carolina 28801
McDowell County Health Department
3. JQ,Aslfevill'eAeg oiiALITfice, Surface Water Protection (NC0080098)
Permit Application File WQ0035393

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION 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
RDLG, LLC
McDowell County
construction and operation of a low pressure sewer system consisting of: approximately 362
linear feet of 1.5-inch pressure sewer; approximately 1,239 linear feet of 2-inch pressure sewer;
approximately 3,057 linear feet of 3-inch pressure sewer; 52 simplex pump stations with on -site
audible and visual high water alarms to serve 52 four -bedroom single family residential units as
part of Linville Falls Mountain Club and Preserve Subdivision, and the additional discharge of
24,960 GPD of collected wastewater into the Linville Falls Mountain Club and Preserve WWTF
(NC0080098) sewerage system pursuant to the application received on May 20, 2011, and
subsequent additional information received by the Division of Water Quality (Division), and in
conformity with the project plans, specifications, and other supporting data subsequently filed
and approved by the Department of Environment and Natural Resources and considered a part of
this permit.
This permit shall be effective from the date of issuance until rescinded, and shall be
subject to the following specified conditions and limitations:
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. The wastewater collection facilities shall be properly maintained and operated at all times.
The Permittee shall maintain compliance with an individual system -wide collection system
permit for the operation and maintenance of these facilities as required by 15A NCAC 2T
.0400. If an individual permit is not required, the following performance criteria shall be met
as provided in 15A NCAC 2T .0400:

RDLG, LLC
November 2, 2011
Permit No. WQ0035393
Page 2
(a) The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and to prevent any contravention of groundwater
standards or surface water standards.
(b) A map of the sewer system shall be developed and actively maintained.
(c) An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule, spare parts inventory and overflow response shall
be developed and implemented.
(d) Pump stations that are not connected to a telemetry system (i.e., remote alarm system)
shall be inspected by the permittee or its representative every day (i.e., 365 days per
year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
(e) High -priority sewers shall be inspected by the permittee or its representative at least
once every six -months and inspections are documented.
(f) A general observation by the permittee or its representative of the entire sewer system
shall be conducted at least once per year.
(g) Overflows and bypasses shall be reported to the appropriate Division regional office
in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as
required by G.S. 143-215.1C.
(h) A Grease Control Program shall be established as follows:
(i) For publicly owned collection systems, the Grease Control Program shall
include at least bi-annual distribution of educational materials for both
commercial and residential users and the legal means to require grease
interceptors for new construction and retrofit, if necessary, of grease
interceptors at existing establishments. The plan shall also include legal means
for inspections of the grease interceptors, enforcement for violators and the
legal means to control grease entering the system from other public and
private satellite sewer systems.
(ii) For privately owned collection systems, the Grease Control Program shall
include at least bi-annual distribution of grease education materials to users of
the collection system by the permittee or its representative.
(iii) Grease education materials shall be distributed more often than required in
Parts (i) and (ii) of this Subparagraph if necessary to prevent grease -related
sanitary sewer overflows.
(i) Right-of-ways and easements shall be maintained in the full easement width for
personnel and equipment accessibility.
(j) Documentation shall be kept for Subparagraphs (a) through (i) for a minimum of
three years with exception of the map, which shall be maintained for the life of the
system.
4. The sewage and wastewater collected by this system shall be treated in the Linville Falls
Mountain Club and Preserve WWTF (NC0080098) sewerage system prior to being
discharged into receiving stream.

RDLG,LLC
November 2, 2011
Permit No. WQ0035393
Page 3
5. 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.
6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of
wastewater to the surface waters of the State.
7. A copy of the approved plans and specifications shall be maintained on file by the Permittee
for the life of the wastewater collection facilities.
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 Construction Grants & Loans
Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. (Engineer's
Certification Form is attached.)
9. 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.
10. The issuance of this permit does not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal) having jurisdiction, including but not limited to applicable river
buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in
15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any
requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. The Permittee shall provide for the pump station and force main the following items:
(a) Pump Station Reliability:
(i) Pump stations, except when exempted by Subparagraph 0)(2) of 15A NCAC
02T.0305, shall be designed with multiple pumps such that peak flow can be
pumped with the largest pump out of service.
(ii) A standby power source or pump is required at all pump stations except for
those pump stations subject to Subparagraph 0)(2) of 15A NCAC 02T.0305.
Controls shall be provided to automatically activate the standby source and
signal an alarm condition.

RDLG, LLC
November 2, 2011
Permit No. WQ0035393
Page 4
(iii) As an alternative to Part (ii) for pump stations with an average daily design
flow less than 15,000 gallons per day as calculated using 15A NCAC
02T.0114, a portable power source or pumping capability may be utilized. It
shall be demonstrated to the Division that the portable source is owned or
contracted by the permittee 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.
(iv) As an alternative to Part (ii) for pump or vacuum stations connecting a single
building to an alternative sewer system, wet well storage requirements shall be
documented to provide 24-hours worth of wastewater storage or, exceed the
greatest power outage over the last three years or the documented response
time to replace a failed pump, whichever is greater. Documentation shall be
required pursuant to the permit application.
(v) All pump stations designed'for two pumps or more shall have a telemetry
system to provide remote notification of a problem condition to include power
failure and high water alarm.
(vi) High water audio and visual alarm.
(b) Pump stations shall have a permanent weatherproof sign stating the pump station
identifier, 24-hour emergency number and instructions to call in case of emergency.
Simplex pump or vacuum stations serving a single-family residence shall have a
placard or sticker placed inside the control panel with a 24-hour emergency contact
number.
(c) Screened vents for all wet wells.
(d) The public shall be restricted access to the site and equipment.
(e) Air relief valves shall be provided at all high points along force mains where the
vertical distance exceeds ten feet.
12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those that may be
required by this Division, such as the construction of additional or replacement wastewater
collection facilities.
13. The facilities shall be constructed in accordance with the requirements of the North Carolina
Sedimentation Pollution Control Act.
14.If applicable, the Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and is made a condition of this
Permit. Noncompliance with the terms of the Operational Agreement 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. A copy of the Articles of Incorporation,
Declarations, and Bylaws that have been properly filed shall be submitted with the engineer's
certification prior to operation.

RDLG, LLC
November 2, 2011
Permit No. WQ0035393
Page 5
15. Any abandoning of the existing facilities must be done in accordance with the requirements
of the Division's Asheville Regional Office.
16. Noncompliance Notification:
The Permittee shall verbally report to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24
hours or on the next working day following the occurrence or first knowledge of the
occurrence of either of the following:
(a) Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater transport such as mechanical or electrical failures
of pumps, line blockage or breakage, etc.
(b) Any failure of a pumping station or sewer line resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station
or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as
the initial verbal report. Overflows and spills occurring outside normal business hours may
'also be reported to the Division of Emergency Management at telephone number (800) 858-
0368 or [phone]. Persons reporting any of the above occurrences shall file a spill
report by completing Part I of Form CS-SSO (or the most current Division approved form),
within five days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part
II of Form CS-SSO (or the most current Division approved form) can also be completed to
show that the SSO was beyond control.
IT The Permittee shall maintain on hand for immediate installation an adequate supply of spare,
fully operational pump units of each type used in the pressure sewer system.
Permit issued this 2nd Day of November 2011
NORTP CARS A ENVIRONMENTAL MANAGEMENT COMMISSION
,,L Coleen H. Sull' s, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. WQ0035393

RDLG,LLC
Permit No. WQ0035393
Linville Falls Mountain Club
Low Pressure Sewer System Extension
November 2, 2011
ENGINEER'S CERTIFICATION
I, , 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 low pressure sewer collection system serving the Linville Falls Mountain
Club and Preserve, located in McDowell County, hereby state that to the best of my abilities, due
care and diligence was used in the observation of the following construction:
a low pressure sewer system consisting of. approximately 362 linear feet of 1.5-
inch pressure sewer; approximately 1,239 linear feet of 2-inch pressure sewer;
approximately 3,057 linear feet of 3-inch pressure sewer; 52 simplex pump
stations with on -site audible and visual high water alarms to serve 52 four -
bedroom single family residential units as part of Linville Falls Mountain Club
and Preserve Subdivision, and in conformity with the project plans, specifications,
and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources.
I certify that the construction of the above referenced project was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Signature
Date
Registration No.
Mail this Certification to: Attn: Joseph Gyamfi, P.E.
DENR/DWQ
Construction Grants & Loans Section
1633 Mail Service Center
Raleigh, North Carolina 27699-1633.
Note: If the wastewater collection permit was issued to a private entity under an
Operational Agreement with the Environmental Management Commission, then a
copy of the Articles of Incorporation, Declarations, and Bylaws that have been
properly filed with the applicable County's Register of Deeds shall be submitted
with this certification.

STATE OF NORTH CAROLINA
COUNTY OF fnc_ DQLJE LL
of
Permit No. K6k Do � S 7 -5_?
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day
AIOVEtq X3 E 2 Zy I I , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and RDLG,
LLC, a corporation/general partnership registered/licensed to do business in the State of North Carolina,
hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in McDowell County, upon which it is erecting
and will erect dwelling units and other improvements, said development to be known
as Linville Falls Mountain Club and Preserve (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.
The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the Linville Falls Club Property Owners Association, Inc. (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
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 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 proN in the Declaration and Association B� 7s 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.
Yt
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 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 take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
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 ENVIRONMENTAL
MANAGEMENT COMMISSION RDLG
Cole H ullins., Di ctor (Si ature)
Divi§iop/of Water Quality
Glenn Goldan, on behalf of the Manager
'-',[1,� tl
(Date) (Date)