WQ0037625_Regional Office Historical File Pre 2018

Pat McCrory
Governor
NC R
Nmrh Carolina Department nfEnvironment GDJNatnD]|AesmU[0es wcjRus
MOORESVLLEnEG|ONAL OFFICE
DOM3|d R,van der Va8rt
Secretary
June 9,201S
Steven Hinshaw, Member
NVVLake Wylie, LLC
4Z35^Sharon Amity Road
Charlotte, NC 28211
Subject: Permit No. WQUO376Z5
NVVLake Wylie, 0I
McLean — South Shore Phase 1—Low Pressure Sewer Syotern
Wastewater Collection System Extension Permit
Gaston County
Dear Mr. Hinshaw:
In accordance with your application received February 25, 2015, and additional information received on
June 5,281Sand June 8,Z015vveare forwarding herewith Permit No. VV[0037625,dated June 9,2U15'
to NW Lake Wylie, LUC (Permittpe) for the construction and of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance until
rescinded, and shall be subject tothe conditions and limitations nospecified therein, This cover letter
and supplement ohm|| be considered a part ofthis permit and are therefore incorporated therein by
reference.
Please pay particular attention to the following conditions contained within this permit:
Condition |.1: The Operational Agreement between the pemnittcc and the Environmental
Management Commission is incorporated herein by reference and shall be a condition
of this permit. Noncompliance with the terms of the Operational Agreement shall
subject the Permittee to all sanctions provided by North Carolina General Statutes §143-
215.6A to §143,-215.6C for violation of or failure to act in accordance with the terms and
conditions ofthis permit. [l5ANCA[O2T.01I6]
Condition 1.2: No wastewater flow shall be made tributary tuthe subject sanitary sewer system until
the dnvvnstreann McLean -South Shore Phase 1 — Gravity System (VVQ0037612) and
McLean 8ffs|te UflNdas (VVO0037537) System is constructed, operational, and the
engineer's certification has been received by the Division, [15A NCAC 02T 0116]
Condition U/4:
Requires that the wastewater collection facilities beproperly operated and maintained
in accordance with 15A NCAC 2T,0403 or any individual system -wide collection system
permit issued tothe Permittee.
It shall be responsibility of the Pennittee to ensure that the as -constructed project meets the
appropriate design criteria and rm|es. Failure tocomply may result in penalties in accordance with North
Carolina General Statute §143'215.6A through §143'215.6[ construction of additional o/ replacement
zm7Mail Service Center, Raleigh, North Carolina z7699-x617
Ansqua/on»vrtu"xv\Affirm amoAction Employer —Made mpart uvrecycled paper

NW Lake Wylie LLC
Permit No. 'Q755
wastewater collection facilities, and/or refe
the licensing board.
at o
the No
Carolina --licensed_ Professional Enginee
if any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicator)/ 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 1508 of North Carolina
General Statutes, and filed with the Office ofAdministrative Hearings, 6714 Mail Service Center, Raleigh,
NC 7 99-671 . Unless such demands are made, this permit shall be final and binding.
if you need additional information concerning this matter, please contact Sarah Bass at (919) 807-5 10
or via e-mail at Sarah.Bassncdenr.gov.
Sincerely,
for 5. Jay Zimmerman, Director
Division of Water Resources, NCDENR
by Deborah Gore, Supervisor
Pretreatment, Emergency Response, Collection Systen7 Unit
enclosure. Operational Agree
cc Joel Madden, PE, Merrick & Company (electronic copy)
oresville Regional Office, Water Quality Section Regional Operations;
Barry Web; City Manager; City of Behra nt (electronic copy)
Water Resources Central Files; WQ0037625
PERCS (electronic copy)
Page 2 of 9

CDENR
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
WASTEWATER COLLECTION SYSTEM EXTENSION 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 the
NW Lake Wylie, LLC
for the construction and operation of approximately 2,061 linear feet of 4-inch pressure sewer;
approximately 4,546 linear feet of 3-inch pressure sewer; approximately 740 linear feet of 2,5-inch
pressure sewer; approximately 1,740 linear feet of 2-inch pressure sewer; approximately 1,073 linear
feet of 1,5-inch pressure sewer; approximately 568 linear feet of 1,25-inch pressure sewer; as well as
153 simplex grinder pump stations with on -site audible and visual high water alarms, to serve 153 single
family residences (all four -bedroom homes) as part of the McLean South Shore Phase 1— Low Pressure
Sewer System project, and the discharge of 73,440 gallons per day of collected domestic wastewater
into the City of Belmont's existing sewerage system, pursuant to the application received February 25,
2015, and additional information received on June 5, 2015 and June 8, 2015 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
specified conditions and limitations contained therein,
for S. Jay Zimmerman, Director
Division of Water Resources, NCDENR
By Authority of The Environmental Management Commission
Permit Number: WQ0037625
Permit Issued: June 9, 2015
Treatment Facility: City of Belmon
TP
NC0021181)
Page 3 of 9

SUPPLE ENT TO PER ESHEET
The Permittee ereby authorizedto:
Construct, and then operate upon certification there ra entianed wastewater collection extension..
Permitting of this project does not constitute an acceptance of any part of the project that does not
meet 15A NCAC 2; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division
approval is based on acceptance of the certification provided by a North Carolina -licensed Professional
Engineer in the application. It shall be the Permittee"s responsibility to ensure that the as -constructed
project meets the appropriate design criteria and rules.
Construction and operation is contingent upon cornapliance ithh the: Standard Conditions and any Special
Conditions identified below.
SPECIAL CONDITIONS
The Operaational Agreement between the Perm ttee and the Environmental Manager ervt
Commission is incorporated herein by reference and shall be a condition of this permit,
Noncompliance with the terms of the Operational Agreement shallsubject the Permittee to all'
sanctions provided by North Carolina General Statutes 143-215,A to 143-215.6C for violation of
or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T.01151
No wastewater flow shall be made tributary to the subject sanitary sewer system until the
downstream McLean -South Shore Phase 1 _ Gravity System ( Ct t37ti12) and McLean Offsite
Utilties (WQ0037537) System is constructed, operational, and the engineer's certification has been
received by the Division. [15A NCAC 02T .0116]
Page 4 of

[I. STANDARD CONDITIONS
L This permit shall not be transferaNn. Knthe event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall besubmitted tothe Division accompanied bydmcumentation from the parties involved, and
other supporting materials asmay beappropriate. The approval ofthis ncqvestshaUbeconsidered
onits merits and may ormay riot beapproved. [15ANCACO2T0104 G.S.143-Z1I1(0)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials unless specifically mentioned herein. [15AN[ACO2l[0110]
I This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [I5AN[AL02T/0110]
4� 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 .0403- If an individual
permit isnot required, the following performance criteria shall bcmet: [I54NCAC2T.UlN0(h)]
n. The sewer system shall be effectively maintained and operated a1all thnestmprevent 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 shall be actively maintained.
c An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected everyday ke.
365 days per year). Pump stations that are connected to a telemetry system shall be inspected
atleast once per week.
e. High -priority sewer lines shall be inspected at least once per every six -months and inspections
are documented.
. A general observation 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 2B .0506(a), and public notice shall be provided as required by North
Carolina General Statute §143-3lS.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
Page3o|9

the legal means to require grease interceptors at existing establishments. The plan shall also
include legal rneans for inspections of the grease interceptors, enforcement for violators and
the legal means tucontrol grease entering the system Mnm other public and private satellite
sewer systems.
l For privately owned collection oystems,the Grease Control Program shall include atleast bi-
annual distribution of grease education materials to users of the collection system by the
permittceorits representative.
I Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
i Right-of-wayoand easements shall bemaintained inthe full easement width for personnel and
equipment accessibility.
Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for minimum of
three years with exception of the map, which shall be maintained for the life of the system,
5. Noncompliance Notification:
The Peonittee shall report by telephone to a water resources staff member atthe Mooresville
Regional Office, telephone number 7O4'663-1G99,assoon as possible, but it) no case more than 24
hours, 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 renders the fad|hx
incapable of adequate wastewater transport, such as mechanical or electrical failures of
pumps, line blockage mrbreakage, stc;or
b� Any SSOand/or spill over 1,OOQgallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the
initial verbal report. Overflows and spills occurring outdde normal business hours may also be
reported to the Division of Emergency Management at telephone number(0U8) 858-0368or (8I0
733-3380. Persons reporting any ofthe above Occurrences shall file aspill report 6vcompleting and
submitting Part | of Form [SSSO (or the most current Division approved form) within five days
following first knowledge nfthe occurrence, This report must outline the actions taken o/proposed
to be taken to ensure that the problem dons not recur, Part H of Form CS'SSQ (or the most current
Division approved form) can also be completed to show that the SSO was beyond control, [G.S. 143-
215.IC(al)]
6. Construction of the gravity snmmr4 pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an uvedDo*v or bypass discharge of wastewater
10the surface waters ofthe State. [154NCA[02T0108(N]
7� Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form attached to this permit shall he submitted with the required
supporting documents to the address provided on the form, Acomplete certification is one where
the form is fully executed and the supporting documents are provided as applicable. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion
otthis Engineer's Certification shall beconsidered aviolation of the permit and shall subject the
Permitteetoappropriate enforcement actions.
Page 6 of 9

If the permit is issued to a private entity with an Operational Agreement, then a copy of the
Articles of Incorporation, Declarations/Covenants/Restrictions, and BV|ama that have been
appropriately filed with the applicable Counto/sRegister mfDeeds office shall besubmitted with
the certification.
Ammolete certification is one where the form is fully executed and the supporting documents are
provided asapplicable, Supporting dncumeniat|onshall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer Ones &
force mains) ofthe wastewater collection system extension. Final record drawings should be
clear on the plans oron digital media (CD or DVD disk) and are defined asthe design drawings
that are marked up or annotated with after construction information and show required buffers,
separation distances, material changes, etc.
b. Changes to the project that do riot result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
inthe space provided, nrimwritten summaryform,
Prior taCertification (Final nrPartiaU� Permit modifications are required for any changes resmlt|mgin
non-com p|,iarice with this permit (including pipe length increases VflQ%orgreater, increased flow,
pump station design capacity design increases of 5% or greater, and increases in the number/type of
connecMons)'regulations, nrthe Minimum Design Criteria, Requested modifications orvariances tn
the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its own merit
Please note that variances to the Minimum Design Criteria should he requested and approved
during the permitting process prior tVconstruction, After -construction requests are discouraged by
the Division and nnay not be approved, thus requiring rep|acemnmte,repair prior tocertification &
activation. [15ANCA[02T.0II6]
Q. Gravity sewers installed greater than ken percent below the minimum required slope per the
Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall riot be certified
until corrected. if there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall bedone through a permit modification with fee. Such variance requests will beevaluated
on a case -by -case bads. Resolution of such request shall be evident prior to completing and
submitting the construction certification, [1SANC4[0ZT.010S(m)]
9� A copy of the construction record drawings shall be maintained on file by the Pennhtee for the life
ofthewastewater collection facilities. [16ANCA[02T.0116]
10. Failure to abide by the conditions and limitations contained in this permit; 15A N[A[ 2T; the
Division's Gravity Sewer Design Criteria adopted February 12' 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting nnateria|s may subject the Pe/mhtee to an
enfm/ccnnen1actionbytheDividon'inaccVndancewhhNprihCaro|inaGenera|Statwtes8143-225.6A
through §14]'I15.6[, construction of additional or replacement wastewater collection facilities,
and/or oa6erne| of the North Carol ina-|icensed Professional Engineer to the licensing board. [IIA
WCA[OZT.O204;1SAN[ACO2T.8I08(h-c)]
Page 7 of 9

21. In the event that the wastewater collection facilities fail to pedbmn satisfactorily, including the
creation of nuisance conditions, the Permn/ttee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
12. The issuance ofthis permit shall not exempt the Permittee from complying with any and all statutes,
rules, regulations, orordinances that may he imposed by the Division any other Federal, State, or
Local government agencies which have jurisdiction or obtaining other permits which maybe required
bvthe Division nrany other Federal, State, ofLocal government agencies. [G.S.l43'215.1(b){
13. The Permittee shall provide for the purnp station and force main the following iterns-
a. PumpStation Reliability [15A NCA[O2T.83CG(h)(1)]:
I, Pump stations, except when exempted by Subparagraph AKZ) n[I5A N[A[0ZTIB05
shall be designed with multiple pumps such that peak flow can be pumped with the
largest pump out ofservic+.
2' A standby power source or pump is required at all pump stations except for those pump
stations subject to Subparagraph UU2) of 15A N[AC 02T.0305. Controls shall be
provided to auhzmndcaUyactivatc the standby Source and signal an alarm condition,
l As an alternative to Part /dfor pump stations with an average daily design flow less
than 15,000gaUons per day as calculated using 15A N[ACO2'[O114, 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, on evaluation of all the pump stations' storage capacities and the rotation
schedule ofthe portable powersource or pump, including trave[timehames, shall be
provided in the case of multiple station power outage.
4. As an alternative to Port UM for pump or vacuum stations connecting a single building to
an alternative sewer system, wet well xtnrage requirements shall be documented to
provide 24'hoyn' worth ofwastewater 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.
b. 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. [lSA
c High water audio and visual a|arm. [15AN[A[02T.0385(h)(1)(F))
d. 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 aI4'houremergency contact number. (I5AN[AC0IT'0305/h>i2\]
e Screened vents for all wet wells. [I5AN[A[82T.0305(h)(3)]
f. The public shall be restricted access to the site and equipment. [15A NCAC 02T .0305(h)(4)J
Page 8 of 9

Air relief valves shall be provided at all high points alongforce mains where the vertical distance
exceeds ten feet. [15A NCAC 02T .O05(h)5

ENGINEERING CERTIFICATION
Pe/mkNw VVQ0837625
Project: McLean —South Shore Phase 1—Low Pressure Sewer System
Issue Date-, June 9,2Q15
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit
until the Division has received this Certification and all required supporting documentation, which includes:
� One copy of the project construction record drawings (plan & profile views of sewer lines Qhooe mains)
of the wastewater collection system extension. Final record drawings should be clear on the plans or on
digital media (CD m/DVD disk) and are defined as the design drawings that are marked up or annotated
with after construction information and show required buffers, separation distances, material changes,
etc,
Permit modifications are required for any changes resulting in non-compliance with this permit. A detailed
description for partial certifications should be attached to this form along with any certification comments.
Certification should beSubmitted inomanne/th4dmcvmemszheDivis|on'smseipt, The Pcrmitte*isresponsible
for tracking all partial certifications up until a final certification is received.
PE»MInctCERTInCAnm
|' the undersigned agent for the Permituee, hereby state that this project has been constructed pursuant to the
applicable standards &n4uimments, the Professional Engineer below has provided applicable des ign/construchon
information to the Pormhtee, and the permittee is prepared to operate & maintain the wastewater cnQe:don
sygemnpermitted herein orportions thereof.
Printed Name, Title
Signature Date
ENGINEER'S CERTIFICATION
|' __ ____ . as duly registered Professional Engineer in the State pfNorth Carolina, having
been authorized to observe (| | pehndicaOy,Fl weekly, Fl full time) the construction of the project name and
location as referenced above for the above Permitiee hereby state that, to the hest of my abilities, due care and
diligence was used in the observation of the following construction: approximately 2'061 linear feet uf4inch
pressure sewer; approximately 4,546 linear feet of 3-inch pressure sewer; approximately 740 linear feet of 2.5-inch
pressure sewer; approximately 1,740 linear feet of 2-inch pressure sewer; approximately 1'073 linear feet of 1.5'
inch pressure sewer; approximately 568 linear feet of 1.25inch pressure sewer; as well as I53 simplex grinder
pump stations with on -,site audible and visual high water alarms, to serve lB single family residences (all four -
bedroom homes) as part of the McLean —South Shore Phase l — Low Pressure Sewer System project, and in
conformity with the project plans, specifications, supporting documents, and design criteria subsequently filed and
approved. | certify that the construction of the above referenced project was observed to be buUt within
substantial compliance and intent of the approved plans and specifications,
North Carolina Professional Engineer's Seal w/signatUre & date:
Final F_ Partial (include clescripti
Se

PIFCETOYF°NFORTH CAROLINA
°AtjrNr
&a„s4 yk.
of
PermitNo. CZ (10 3 3-(0
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G,S. 143-215.1 (d1) and entered into this vt day
0 1S , by and between the North Carolina Environmental Management
Commission, an agency of he State of North Carolina, hereinafter known as the. COMMISSION; and.
, a corporation/general partnership registered/licensed. to do
business in the State ofNorth Carolina,, hereinafter known as the DEVELOPER.
W1TNESSETH:
1
The DEVELOPER is the owner of the certain lands lying in County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as /2) _„. (hereinafter the Development),
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.
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 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, the (Unit Owners'Association) (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 Resources has inspected and approved of the fa.ci titles. 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.
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 08-13
Page 1 of 2

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System an
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 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. f 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.
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 I, 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 ofthe Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County( -r- 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 ENVIRONMEN'IAL
MANAGEMENT COMMISSION
Thomas A. Reeder. Director
Division of Water Resources
Nai
of )EVELOPER
FORM: DENT OS-13
Page 2 of 2