WQ0023127_Regional Office Historical File Pre 2018

\NA7.4 Michael F. Easley, Governor
William.G. Ross Jr., Secretary
of r North Carolina Department of Environment and Natural Resources
>. q Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Douglas Adams, Manager
MAG Land Development, LLC
45 Parkland Drive
Stockbridge, Georgia 30281
September 29, 2003
Subject:. Permit. No. WQ0023127
MAG Land Development, LLC
Curtis Pond Phase 2
Wastewater Collection System Extension
Iredell County, North Carolina
Dear Mr. Adams:
In accordance with your application received on September 12, 2003, and additional information
received on September 29, 2003, we are forwarding herewith Permit No. WQ0023127, dated
September 29, 2003, to MAG Land Development, LLC for the construction and operation of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance until
rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter
shall be considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A.NCAC 2H .0227 or any
individual system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 1)15A NCAC 2H .0200; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996, as applicable; 3) 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. Failure to comply may result in penalties in accordance with North Carolina General
Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing
board.
NCDENR
Mooresville Regional Office Internet http:!lh2o.enr.state.nc.us/
919 N. Main Street, Mooresville, NC 28115 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]

l
Mr. Douglas Adams
Page 2
September 29, 2003
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 MAG Land Development, LLC for the construction and operation of approximately 9,153
linear feet of 8-inch gravity sewer to serve 194 three -bedroom residences as part of the Curtis Pond
Phase 2 project, and the discharge of 69,840 gallons per day of collected domestic wastewater into the
Town of Mooresville's Rocky River WWTP (NPDES No. NC0046728) existing sewerage system,
pursuant to the application received September 12, 2003 and in conformity with 15A NCAC 2H .0200;
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 data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall become voidable unless the agreement between MAG Land Development,
LLC and the Town of Mooresville for collection and final treatment of wastewater is in full force and
effect.
The Operational Agreement between the Permittee 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 of this permit.
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.
1f you need additional information concerning this matter, please contact Sonja Williams at (704)
663-1699.
Sincerely,
%P-
for Alan W. Klimek, P.E.
cc: lredell County Health Department
Mooresville Regional Office, Water Quality Section (WWPF Permit No. NC0046728)
Dan Brewer, Chas. H. Sells, Inc.
Water Quality Central Files
NDPU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION 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 wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) 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.
2. This permit shall be 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 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively
maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected 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 sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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 §143-215.1 C.

4. This permit shall not be transferable. In the 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 be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existingutilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well .as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; 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 Main adopted June 1, 2000 as applicable; 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. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on fileby the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; 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 materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.

11. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville 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 renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
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.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five days following first knowledge of the occurrence. This report must outline the actions taken or
proposed to be taken to ensure that the problem does not recur.
Permit issued this the 29th day of September, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Klim P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0023127

Fast Track Engineering Certification
Permit No. WQ0023127
September 29, 2003
Complete and submit this foram to the permit issuing regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
1, , 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 Curtis Pond Phase 2,
Iredell County project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance of this permit; 1 SA NCAC 2H .0200; the Division of Water Quality's (Division) 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.
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
MOORESVILLE REGIONAL OFFICE
919 N. MAIN STREET
MOORESVILLE NC 28115
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate
enforcement actions.

PAGE I
ppliriPIP-'T-TRACIZ APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
'
USE THE TAB KEY TO MOVE FROM FIELD TO FIELD!
Application Number:
(to be completed by DWQ) IA/6Z 02223 12 7
A. APPLICATION INFORMATION
�. Owner:
la. MAG Land Development, LLC
Full Legal Name (company, municipality, HOA, utility, etc.)
Ib. 5Gq {Ii epi C2a5S 12,1Nci.1- LLC Dc�Uf,-c..AS ?. PQitnS i r4AJ GE1F.._
Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!)
1 c. The legal entity
❑ individual
•
who will
Federal
own
■
this system
Municipality
is:
■ State/County
1 Private Partnership ❑ Corporation ■ Other (specify)L
Id. 45 Parkland Drive
le. Stockbridge
Street Address
City
1 f. GA
lg. 30281
State
Zip Code
,
1 h. [phone] ll i. [phone]
1j.
Telephone Facsimile
E-mail
2. Project (Facility) Information:
2a. Curtis Pond, Phase 2
2b. lredell
Brief Project Name (permit will refer to this name)
�3.
I County Where Project is Located
Contact Person:
3a. Steven Bailey - Chas. H. Sells, Inc. - Project Manager
Name and Affiliation of Someone Who Can Answer Questions About
this Application
3b. [phone]
I3c. [e-mail]
Phone Number
1 E-mail
B. PERMIT INFORMATION
1. Project is
New
•
Modification (of an existing permit)
If Modification, Permit No.:
2. Owner is
■
Public (skip to Item B(3))
►i Private (go
to Item 2(a))
?2a. 1f private, applicant will be:
2b. If sold, facilities owned by a (must choose one)
❑ Retaining Ownership (i.e. store, church, single office, etc.)
❑ Leasing units (lots, townhomes, etc. - skip to Item B(3))
►� Selling units (lots, townhomes, etc. - go to Item B(2b))
►4 Public Utility (Instruction III)
■ Homeowner Assoc./Developer (Instruction IV)
3. Town of Mooresville
Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project
4a. Rocky River WWTP 4b. NC0046728
Name of WWTF
WWTF Permit No.
5a. Town of Mooresville
5b. 42"
5c.
Owner of Downstream Sewer
Receiving Sewer Size
Permit Number of Downstream Sewer
6. The origin of this wastewater is (check all that apply):
1/
•
Residential Subdivision
Apartments/Condominiums
■
•
Car Wash
Institution
100 % Domestic/Commercial
■
•
Mobile Home Park
School
❑
•
Hospital
Church
% Industrial
•
•
Restaurant
Office
0
Nursing Home
% Other (specify):
•
Other (specify):
7.
Volume of wastewater to be permitted in this project: 69.840 gallons per day
8.
If the permitted flow is zero, indicate why:
• Interceptor Line - Flow will be permitted is subsequent permits that connect to this line
• Flow has already been allocated in Permit No.
• Rehabilitation or replacement of existing sewer with no new flow expected
FTA 02/03

T-TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
PAGE 2
B. PERMIT INFORMATION (CONTINUED)
9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H
.0219(1) for item B(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than
that in 15A NCAC 2H .0219(I)(1-2) must be approved prior to submittal of this application. Submit a separate request to
the Division of Water Quality, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 in
accordance with 15A NCAC 2H .0219(1)(3).
194-3 bedroom home X 360 gpd = 69,840 gpd
10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary)
Size (inches)
Length (feet)
Gravity or Force Main
(pull down menu)
8"
9,153
Gravity
Gravity
Gravity
Gravity
Gravity
Gravity
Gravity
ENTER TOTAL LINE LENGTH IN MILES
1.73
11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary)
Location ID
(as shown on plans)
Design Flow
(MGD)
Power Reliability Option
Operational Point (dual line feed, permanent generator w1ATS,
GPM @ TDH portable generator w/autodialer, wet well storage)
12. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force
Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable?
® Yes ❑ No If no, please reference the pertinent minimum design criteria or regulation and indicate why a
variance is requested:
SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION
13. Have the following permits/certifications been submitted for approval?
Wetland/Stream Crossings - General Permit or 401 Certification?
Sedimentation and Erosion Control Plan?
Stormwater?
❑ Yes • No El N/A
►/ Yes • No ■ N/A
►/ NIA
❑ Yes • No
FTA 02/03

•
T-zTRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
PAGE 3
C. WATERSHED CLASSIFICATION
1. Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02103
(FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as
necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality
regional office (see instructions for addresses) OR indicate the following:
• A Watershed Classification is not needed because all parts of the project are at least 100 feet away from any down
slope waterbody; AND,
•
A Watershed Classification is not needed because the design does not depend on wet well storage as a power
reliability option for any pump station near a Class C down slope waterbody.
Location ID
on Map
Name of
Waterbody
County
River Basin
Waterbody Stream
Index
Waterbody
Classification
1
Rocky River
Iredell
Yadkin
12-108-11
C
2
Dye Creek
Iredell
Yadkin
13-17-2
C
•
Submit the 8.5" x 11" topographic map as required in Instruction VI regardless of whether a classification is provided!
I. Applicant's Certification:
1 attest that this application for Curtis Pond, Phase 2
and is accurate and complete to the best of my knowledge. 1 understand that
not completed and that if all required supporting documentation and attac
package is subject to being returned as incomplete. Note: In accordancz
215.6A and 143-215.6B, any person who knowingly makes any false slat.•
application shall be guilty of a Class 2 misdemeanor which may include a
penalties up to $25,000 per violation.
if
-nts
th
gn
all required
are
o
r-.
• tj
has been reviewed by me
parts of this application are
not included, this application
14 Carolina General Statutes 143-
exceed $n, or certification
l as well n in
civil
la. ..co ctTNcarJ Qions RA,,,c;{ LLCl 11AA A6rll36- mei.e a_. /
1
_____
9/ 3 /03
1 �AtAw1�L,E7;-
Signing Official Signature to .(A. LAS f? H0.45 Date
Cn
Z
O
I-
V
11.
F-
re,
Ili
C.)
I=1
2. Professional Engineer's Certification:
1 attest that this application for Curtis Pond, Phase 2
accurate, complete and consistent with the information in the engineering
documentation to the best of my knowledge. 1 further attest that to the best
been prepared in accordance with the applicable regulations, Gravity Sewer
adopted February 12, 1996, and the Minimum Design Criteria for the Fast
Mains adopted June 1, 2000 and the watershed classification in accordance
portions of this submittal package may have been developed by other professionals,
signature and seal signifies that i have reviewed this material and have judged
Note: in accordance with NC General Statutes 143-215.6A and 143-215.6B,
statement, representation, or certification in any application shall be guilty
fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
has been reviewed by me and is
6 . ' s, calculations, and all other supporting
of my knowledge the proposed design has
Minimum Design Criteria for Gravity Sewers
-Track Permitting of Pump Stations and Force
with Division guidance. Although certain
inclusion of these materials under my
it to be consistent with the proposed design.
any person who knowingly makes any false
of a Class 2 misdemeanor which may include a
2a. Dan E. Brewer, P.E. ty, ,
`"y l\111fI1 lllls',t, ,,,,
�AR�4'
Professional Engineer Name �'```'di&�+ ,.
2b. Chas. H. Sells, Inc. , •k�.•7.`go�'�s� 4' �''�/ -�
Engineering Firm 7 Q.-
2c. 128 Overhill Drive Suite 105 I 17582 _
Address i - E
d. Mooresville12 ; `� �.p '"�/l�li\Ss�`f♦`��`��
2e. NC 2f. 28117 s, �1111111 `
City State
s.
Zip ''�..,, E. Bros
Ill!/f1
it 11 11 fi 511!
2g. [phone] #2h. [phone] '21. [e-mail] I t�Z$ito3
Telephone Facsimile I E-mail Seal, Signature & Date
FTA 02/03

OF NORTH CAROLINA
LINTY OF Iredell Permit No. w2.Ob 2 3 1 2 7
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 22 day of
August, 2003 , by and between the North Carolina Environmental
Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION;
and MAG Land Development, LLC , a corporation/general
partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the
DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Iredell County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Curtis Pond, Phase 2 (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, the Curtis Pond, Phase 2 Homeowner's 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 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.
- r,,.... 1 ,,r

re 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 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 .. •,,icatedfby each of the parties named below:
t • FOR THE ENVIRONMENTAL t tL Devel s oment. LLC
rici
MANAGEMENT COMMISSION N + -
�� B:I
(Sia'.
Prin Name and Title
Alan W. Klimet , P.E., Direc{or
Division of Water Quality
9/2.9/zc3
(Date)
5
LOPER
sss p ..J c �-i 1 L L C-
grrPrC-r"a
e)/cc.tP-As f2• AAhMs
c1/3l�3
(Date)
rr'r)r.r. 1NU1r ry rnn

TOWN OF
MOORESVILLE
PLANNING &
ENGINEERING
DEPARTMENT
September 8, 2003
Chas H. Sells, Inc.
Mr. Dan Brewer, PE
128 Overhill Dr.
Suite 105
Mooresville, NC 28117
Re: Curtis Pond Phase II Flow Acceptance Letter
Dan:
Derek Slocum, El
Civil Engineer
Town of Mooresville
P. O. Box 878
Mooresville, NC 28115
[phone]
Fax [phone]
The Mooresville Town Board had previously approved the above -referenced residential
development and agreed to provide potable water service to and accept the sewer flow
from the proposed residential project. The Town of Mooresville's Water System
Management Plan submitted approximately July 30, 2000, was approved and assigned
WSMP No. 00-01958. Mooresville's Water Filter Plant PWS ID# is•01-49-015. Both water
and sewer systems are owned and maintained by the Town of Mooresville. Wastewater will
be treated by the Town of Mooresville's Rocky River WWTP, NPDES Permit No.
NC0046728. This project's expected input into the WWTP is 69,840 gpd.
It is your responsibility, as the engineer of record, to certify to the State that construction has
been completed in accordance with the approved plans and specs. The Town will conduct
periodic inspections during construction and will hold a final inspection prior to accepting the
waterlines and sanitary sewer system into the Town's system. Two reproducible (mylar)
copies of the "As -Built" drawings, on CD (compact disc) format, along with your engineer's
certification are required to be submitted to this office prior to acceptance by the Town Of
Mooresville.
We look forward to working with you on this project. Call me at [phone] if you have
questions.
Si
erek SI cum,
Civil Engineer
CC: Wilce Martin, Utilities Director

JI
Il tilt ,' / :14-•,. S`k8G-7<`-:''+%."'`--•San d r-:-:1'
,. t? 47..,,,1 ,71...bk__:,_,...-.i.,..-,...,.,
-
Name: MOORESVILLE
Date: 7/182003
Scale: 1 Inch equals 2000 feet
Bl tut/ y 1i1'
••
�A•g14•
I •
Location: 035° 32' 04.3" N 080° 46' 59.4" W
Caption: CURTIS POND PHASES II JII
Copyright (C) 1997. Maptech• Inc.
1

m

VtNumber
WQ0023127
Program Category
Non -discharge
Permit Type Fast Track
Gravity Sewer Extension, Pump Stations, & Pressure Sewer
Extensions
Primary Reviewer
sonja.williams
Permitted Flow
69840
Facility
Permit Tracking Slip
Status Project Type
In review New Project
Version Permit Classification
Individual
Permit Contact Affiliation
09/29/03
Facility Name
Curtis Pond Phase 2
Location Address
Owner
Major/Minor
Minor
Region
Mooresville
County
Iredell
Facility Contact Affiliation
Owner Name
MAG Land Development, LLC
DateslEvents
Owner Type
Non -Government
Owner Affiliation
Douglas Adams
45 Parkland Drive
Stockbridge
GA 30281
Scheduled
Oriq Issue App Received Draft Initiated Issuance
09/12/03
Regulated Activities
Public Notice issue Effective
Subdivision
Wastewater collection
Outfall NULL
q/24 /a 3
Requested/Received Events
Additional information requested
Additional information received
Expiration
09/12/03
09/29/03
Waterbody Name Stream Index Number Current Class Subbasin

Secretary of State
Corporations Division
315 West Tower
#2 Martin Luther King, Jr. Dr.
Atlanta, Georgia 30334-1530
BLAKE EDGE
JO'NES & EDGE, P.C.
115 NORTHPARK TRAIL
STTOCKBRIDGE, GA 30281
CONTROL NUMBER: 0238789
EFFECTIVE DATE: 07/29/2002
JURISDICTION : GEORGIA
REFERENCE : 0044
PRINT DATE : 08/02/2002.
FORM NUMBER 356
CERTIFICATE OF ORGANIZATION
I, Cathy Cox, the Secretary of State of the State of Georgia, do hereby certify
under the seal of my office that
MAG LAND DEVELOPMENT, L.L.C.
A GEORGIA LIMITED LIABILITYCOMPANY
has been duly organized under the laws of the State of Georgia on the effective
date stated above by the filing of articles of organization in the Office
of the Secretary of State and by the paying of fees as provided by Title 14
of the Official Code of Georgia Annotated.
WITNESS my hand and official seal in the City of Atlanta and the State of
Georgia on the date set forth above.
II
III
Cathy Cox
Secretary of State

Articles of Organization
of
MAG Land Development, L.L.C.
Article 1.
The name of the limited liability company i MAG Land Development, L.L.C.
Article 2.
The Members of the limited liability company is:
Southern Cross Ranch, LLC
45 Parkland Drive
Stockbridge, Georgia 30281
James A. McClellan
4739 Mel Nunnery Road
Fort Lawn, SC 29714
Glenn A. Garris
11203 Asbury Chapel Road
Huntersville, NC 28078
Article 3.
The limited liability company shall be managed initially by Southern Cross Ranch, LLC.
Article 4.
The limited liability company is authorized to conduct any business which is legal under the laws
of the State of Georgia.
Article 5.
The limited liability company shall continue in existence until terminated by its rtsernbers.

Article 6.
The initial registered agent of the limited liability company shall be Douglas R. Adams, and
the address of the initial registered office shall be 45 Parkland Drive, Stockbridge, Henry
County, Georgia 30281.
Article 7.
The address of the limited liability company's principal place of business is 45 Parkland Drive,
Stockbridge, Georgia 30281.
IN FITNESS WHEREOF, the undersigned has executed these . .rticles of Organization, this
22nd day of July, 2002.
B. Blake' Edge - Attorney fc
Jones, Edge & Kimbell,
115 Northpark Trail
Stockbridge, Georgia 30281
g
izer

1)5 z
OPERATING AGREEMENT
OF
MAG LAND DEVELOPMENT, L.L.C.
A LIMITED LIABILITY COMPANY
This OPERATING AGREEMENT OF MAG LAND DEVELOPMENT, L.L.C., is
entered into and shall be shall be effective as of August 15, 2002 by and among the parties
whose names are set forth on Schedule A attached to this Agreement and incorporated by
reference in this Agreement.
RECITAL
The persons listed on attached Schedule A (the "Members") desire to establish a
limited liability company (the "Company"). The Members desire to set forth in this
Agreement the terms of their understandings and agreement. In consideration of the
mutual promises in this Agreement, the parties, intending IegaIly to be bound, agree as
follows:
ARTICLE 1
FORMATION, PURPOSE AND DEFINITIONS
1.1 Establishment of Limited Liability Company. The Members hereby
agree to establish a limited liability company pursuant to the provisions of the Limited
Liability Company Act (the `Act') and upon the terms set forth in this Agreement
1.2 Name. Pursuant to the terms of this Agreement, the Members intend to
carry on a business for profit as co -owners under the name MAG LAND
DEVELOPMENT, L.L.C. The Company may conduct its activities under any other
permissible name designated by the Members. The Members shall be responsible for
complying with any registration requirements in the event an alternate name is used.
1.3 Principal Office of the Company. The principal office of the Company
shall be located at 45 Parkland Drive, Stockbridge, Georgia 30281 or at such other
location as the Members may determine. The registered agent for the service of process
and registered office of the Company shaII be the person and location set forth in the
Certificate of Formation filed with the Secretary of State, and the Members may, from
time to time, change such agent and office by appropriate filings as required by law.
1

or'
1.4 Purpose. The Company may engage in any lawful business permitted under
the Act or the laws of any jurisdiction in which the Company may do business. The
Company shall have the authority to do all things necessary or advisable in order to
accomplish such purposes.
1.5 Term. The term of this Company shall begin on the date of filing of a
Certificate of Formation with the Secretary of State. The duration of the Company shall
be indefinite and shall continue until the Company is dissolved in accordance with the
provisions of Article 8 of this Agreement or the Act, which shall constitute the time
specified for dissolution of the Company, as contemplated by the Act.
1.6 Other Activities of Members. Any Member may engage in or possess an
interest in other business ventures of any nature, whether or not similar to or competitive
with the activities of the Company.
1.7 Defined Terms. Capitalized words and phases used in this Agreement
shall have the meanings ascribed to such terms in the Glossary contained in Section 10.2
of this Agreement.
ARTICLE 2
CONTRIBUTIONS AND CAPITAL ACCOUNTS
fro 2.1 Capital Contributions. Upon formation of the Company, the Members
shall make the Capital Contributions set forth on Schedule A.
2.2 Maintenance of Capital Accounts. The Company shall establish and
maintain a Capital Account for each Member.
2.3 Withdrawal of Capital. A Member shall not be entitled to withdraw any
part of such Member's Capital Account or to receive any distribution from the Company,
except as provided in this Agreement.
2.4 Additional Capital Contributions. No Member shall be required to make
any additional capital contribution to the Company or to restore any deficit in such
Member's Capital Account, except as provided in this Agreement, and such deficit, if any,
shall not be considered a debt owed to the Company or to any other person for any
purpose.
2.5 Interest on Capital Contributions. No interest shall be due from the
Company on any Capital Contribution of any Member.
2.6 Priority and Return of Capital. Except as may be expressly provided in
this Agreement, no Member or Economic Interest Owner shall have priority over any
2

initial fair market value as of the date of contribution. Allocations pursuant to this Section
3.2(a) are solely for purposes of federal, state and local taxes and shall not affect, or in any
way be taken into account in computing, any Member's Capital Account or share of
Profits, Losses, other items, or distributions pursuant to any provision of this Agreement.
(b) Company Minimum Gain Chargeback. If there is a net decrease in
Company Minimum Gain during any Company fiscal year, each Member shall be specially
allocated items of Company income and gain for such year (and, if necessary, subsequent
years) in an amount equal to such Member's share of the net decrease in Company
Minimum Gain (determined in accordance with Regulation Section 1.704-2(g)(2)).
Allocations pursuant to the preceding sentence shall be made in proportion to the
respective amounts required to be allocated to each Member. The items to be so allocated
shall be determined in accordance with Regulation Section 1.704-2(i). This Section 3 .2(b)
is intended to comply with the minimum gain chargeback requirement in Regulation
Section 1.704-2(f) and shall be interpreted consistent with such Section.
(c) Qualified Income Offset Allocation. In the event any Member
unexpectedly receives any adjustments, allocations, or distributions described in Regulation
Section 1.704-1(b)(2)(ii)(d)(4), (5) or (6) which causes or increases a Member's Capital
Account Deficit as of the end of the taxable year to which such allocation, distribution or
adjustment relates, then items of Company income and gain shall be specially allocated
(after the allocation required by the foregoing provisions of this Section 3.2) to such
Member in an amount and manner sufficient to eliminate (to the extent required by the
Regulations) the Capital Account Deficit balances, if any, created by such adjustments,
allocations, or distributions as quickly as possible; provided that an allocation pursuant to
this Section 3.2(c) shall be made only if and to the extent that such Member would have a
Capital Account Deficit after all other allocations provided for in this Article 3 have been
tentatively made as if this Section 3.2(c) was not in the Agreement.
(d) Company Nonrecourse Deductions. Company Nonrecourse
Deductions for any fiscal year or other period shall be specially allocated among the
Members in accordance with their respective Membership Interests.
ARTICLE 4
DISTRIBUTIONS OF CASH FLOW
4.1 Net Cash from Operations and Net Cash from Sales or Refinancings.
Net Cash from Operations and Net Cash from Sales or Refinancings shall be distributed in
the following priority, subject to Section 4.2 and Article 8:
(a) First, to any Member who has advanced funds to the Company as a
Lender, to the extent of and in proportion to such advances, including interest thereon, if
any;
4

(b) Additional distributions, if any, will be made, without priority, to the
Members in proportion to their respective Membership Interests, unless the Members have
agreed, in a writing signed by all Members and attached to this Agreement, to a different
division permitted by law and applicable regulation.
4.2 Restrictions on Distributions of Cash Flow.
(a) Distributions of Net Cash from Operations or Net. Cash from Sales or
Refinancings shall be made in such amounts and at such times as determined by the
Members. The Company may distribute at least annually to the Members so much of its
Net Cash as is not, in the opinion of the Members, necessary for the conduct of the
Company's business, after setting aside such amounts as the Members deem necessary to
create adequate reserves for future capital or operating needs of the Company. The
Members may elect, notwithstanding anything to the contrary in this Agreement, to
withhold any distributions of Net Cash or return of capital to the Members in order to
accomplish the business purposes of the Company as may be established from time to time.
Distributions to the Members, as a class, unless otherwise expressly indicated, shall be
divided among them without priority.
(b) If any assets of the Company are distributed in kind, such assets
shall be distributed to the Members entitled thereto as tenants -in -common in the same
proportions as such Members would have been entitled to cash distributions.
(c) No Member shall be entitled to demand and receive property other
than cash in return for Capital Contributions to the Company.
(d) The Members irrevocably waive, during the term of the Company
and during the period of any liquidation following the dissolution of the Company, any
right to maintain any action or claim for partition with respect to any assets of the
Company.
ARTICLE 5
RIGHTS AND DUTIES OF MEMBERS
5.1 Management. The business and affairs of the Company shall be managed
by its Member/Manager, Southern Cross Ranch, LLC. Any difference arising as to any
matter within the authority of the Members shall be decided by the Members holding at
least a majority of the Membership Interests (unless a higher or lower vote is expressly
required in this Agreement or applicable law for a particular action or decision of the
Members). Only the Member/Manager may bind the Company. Nothing contained in this
Agreement shall require any person to inquire into the authority of the Member/Manager
to execute and deliver any document on behalf of the Company or to bind the Company
pursuant to such document.
5

5.2 Voting Decisions By Members.
(a) General Rules. Actions and decisions requiring the approval of the
Members pursuant to any provision of this Agreement may be authorized or made either by
vote of the required number of Members taken at a meeting of the Members or by
unanimous written consent without a meeting. In addition, emergency actions may be
taken in accordance with the provisions of Section 5.2(e) of this Agreement. Economic
Interest Owners shall not be entitled to receive notices, vote, call meetings, or act as
proxies, and their consent shall not be required for any purpose under this Agreement. The
Interests in the Company held by such persons shall be excluded for purposes of
determining the number of affirmative votes required for decisions or actions to be taken
under this Agreement, except where expressly indicated otherwise.
(b) Meetings. Any Member may call a meeting to consider approval of
an action or decision under any provision of this Agreement by delivering to each other
Member notice of the time and purpose of such meeting at least ten (10) days before the
day of such meeting. A Member may waive the requirement of notice of a meeting either
by attending such meeting or executing a written waiver before or after such meeting. Any
such meeting shall be held during the regular business hours at the Company's principal
place of business unless all of the other Members consent in writing or by their attendance
at such meeting to its being held at another location or time.
(c) Unanimous Consent. Any Member may propose that the Company
authorize an action or decision pursuant to any provision of this Agreement by unanimous
written consent of all Members in lieu of a meeting. A Member's written consent may be
evidenced by such person's signature on a counterpart of the proposal or by a separate
writing (including a facsimile) that identifies the proposal with reasonable specificity and
states that the Member consents to such proposal.
(d) Vote by Proxy. A Member may vote (or execute a written consent)
by proxy given to any other Member. Any such proxy must be in writing and must identify
the specific meeting or matter to which the proxy applies or state that it applies to all
matters (subject to specified reservations, if any) coming before the Members for approval
under any provision of this Agreement prior to a specified date (which shall not be later
than the first anniversary date on which such proxy is given). Any such proxy shall be
revocable at any time and shall not be effective at any meeting at which the. Member giving
such proxy is in attendance.
(e) Emergency Procedures. Notwithstanding any provisions of this
Section 5.2, in the event that Members who could authorize a Company action or decision
at a duly called meeting reasonably determine, in writing, that the Company is facing a
significant emergency that requires immediate action, such Members may, without
complying with generally applicable procedures or meetings or actions by unanimous
6

consent, authorize any action or decision that they deem reasonably necessary to allow the
Company to benefit from a significant opportunity or to protect the Company from
significant loss or damage, provided that they make reasonable efforts under the
circumstances to contact and consult all Members concerning such action or decision and
the reasons why such action or decision must be made without observing generally
applicable procedures.
(f) Records. The Company shall maintain permanent records of all
actions taken by the Members pursuant to any provision of this Agreement, including
minutes of all Company meetings, copies of all actions taken by consent of the Members,
and copies of all proxies pursuant to which one Member votes or executes a consent on
behalf of another.
5.3 Powers of Employee and Agents. Unless authorized to do so by this
Operating Agreement or by the Members of the Company, no attorney -in -fact, employee,
or other agent of the Company shall have any power or authority to bind the Company in
any way, to pledge its credit or to render it liable pecuniarily for any purpose.
5.4 Liability for Certain Acts. To the extent permitted by law, no Member of
the Company shall be personally liable to the Company or its other Members for damages
for breach of any duty owed to the Company or its Members except that a Member shall
not be relieved from Iiability for any breach of duty based on an act or omission (a) in
breach of such persons duty of loyalty to the Company or its Members, (b) not in good
faith or involving a knowing violation of law or this Agreement, or (c) resulting in receipt
by such person of an improper personal benefit. Notwithstanding anything to the contrary
in this Agreement, and to the extent permitted by law, no Member shall have any fiduciary
duty or obligation to any Economic Interest Owner or other transferee of an interest in the
Company or to any other creditor of the Company.
5.5 Indemnification.
(a) Each Member shall indemnify and hold harmless the Company from
any loss, damage, claim or liability (including reasonable attorney fees) incurred by reason
of the such Member's gross negligence or willful misconduct.
(b) The Members shall be indemnified by the Company against any
Iosses, judgments, liabilities and expenses (including reasonable attorney fees) incurred by
the Members by reason of any act or omission performed or omitted by the Members in
good faith on behalf of the Company in a manner reasonably believed by the Members to
be within the scope of the authority granted to the Members by this Agreement, providing
that this indemnity shall extend only to Members who were not guilty of gross negligence
or willful misconduct. The Company may also indemnify its employees and other agents
who are not Members to the fullest extent permitted by law, provided that the
7

indemnification in any given situation is approved by Members owning a majority of the
Membership Interests.
ARTICLE 6
TRANSFER OF MEMBERSHIP INTERESTS
6.1 General Restriction. Neither a Member nor an Economic Interest Owner
may transfer, whether voluntarily or involuntarily, any portion of such person's
Membership Interest or Economic Interest, except as otherwise expressly provided for in
this Agreement. For purposes of this Agreement, a "transfer" includes, but is not limited
to, any sale, assignment, gift, exchange, hypothecation, collateral assignment or subjection
to any security interest.
6.2 Transfer of Membership Interest Without Substitution. Subject to
compliance with the conditions of Section 6.5, a Member shall have the right to transfer aII
or part of such Member's Membership Interest by a written instrument of transfer, the
terms of which are not in contravention of any of the provisions of this Agreement. Unless
and until admitted as a substitute or additional Member in accordance with this Agreement,
a transferee shall only be an Economic Interest Owner, who shall be entitled to receive
distributions from the Company, and be allocated Profits and Losses of the Company,
attributable to the Membership Interest acquired by reason of such transfer from and after
the effective date of the assignment of such Interest, and all other Company rights
attributable to such transferred Interest, including, without limitation, the right to inspect
Company books and to vote on Company matters, shall terminate until and unless such
transferee becomes a substituted or additional Member; provided, however, that the
Members and the Company shall be entitled to treat the transferor of such Membership
Interest as the owner thereof in all respects, and shall incur no liability for distributions
made in good faith to such transferor, until such time as both the beneficiary of such
transfer has been recognized by the Company as .a transferee in accordance with this
Article 6 and the effective date of the transfer has passed.
6.3 Admission of Substituted Members. An Economic Interest Owner may
become a substituted or additional Member in the Company if, in addition to the
requirements of Section 6.5, (i) the Economic Interest Owner obtains the written consent
of the Members, which consent may be withheld for any reason or without reason as a
matter of absolute discretion; and (ii) the transferor and transferee named in such
assignment have executed and acknowledged such other instruments as such Members may
reasonably deem necessary or desirable to effect such admission. A transferee accepted as
a substitute or additional Member shall have all of the rights and obligations of its
predecessor in interest in the Company, to the extent that they relate to the transferred
interest.
8

6.4 Admission of Additional Members. Any person acceptable to the
Members may become an additional Member in the Company by the issuance of additional
Membership Interests in exchange for such consideration as such Members may determine
as a matter of absolute discretion. Such person may become an additional Member in the
Company only if, in addition to the requirements of Section 6.5, the person executes such
instruments as such Members may deem necessary or desirable to effect such admission.
6.5 Conditions on Transfers of Membership or Economic Interest. A
transfer of a Membership Interest or Economic Interest, and the admission of additional
Members, otherwise permitted by this Article 6 shall be subject to the following additional
limitations:
(a) No Membership or Economic Interest may he transferred or issued
if such proposed action, in the opinion of counsel for the Company, (i) would result in the
termination of the Company under Section 708 of the Code, or (ii) would result in the
cancellation of the Certificate of Formation or an obligation to file a Certificate of
Cancellation, or (iii) would impair the ability of the Company to be taxed as a partnership
for Federal income tax purposes.
(b) No Membership (or Economic Interest) may be issued by the
Company Or transferred by a Member unless the transferee (whether such person is to be
admitted as a Member or will merely be an Economic Interest Owner) confirms in writing
acceptable to the Members that such transferee has accepted, assumed, and agreed to be
bound subject to and bound by all of the terms and conditions of this Agreement. No
Membership (or Economic) Interest may be transferred unless the assigning Member or
Economic Interest Owner delivers to the Members a written instrument of assignment in
form and substance satisfactory to the Members, duly executed by the transferor or such
transferor's personal representative or authorized agent. The assignment shall be
accompanied by such assurances of genuineness and effectiveness and by such consents or
authorizations of governmental or other authorities as may be reasonably required by the
Members.
6.6 Obligations of Transferring Member. Except as otherwise agreed to by
the Members, no transfer by a Member of all or any portion of an interest in the Company
shall, to any extent, relieve the transferring Member of any of such Member's obligations
to the Company or liability, if any, as a Member (whether or not such person remains as a
Member).
6.7 Allocation. Upon Transfer of Membership or Economic Interest or Upon
Admission.
(a) As between a Member and such Member's transferee, profits, losses
and credits for any semi-monthly period shall be apportioned to the person who is the
holder of the Membership Interest transferred on the last day of such semi-monthly period,
9

without regard to the results of the Company's operations during the period before or after
such transfer. However, in the event that it is determined by the Members that the
convention adopted by the Company to allocate income, gain, loss, deduction or credit of
the Company is not in compliance with Section 706(d) of the Code, as modified by
Regulations promulgated thereunder, then the Members shall revise the method of
allocation to comply with such Regulations.
(b) No new Members or Economic Interest Owners shaII be entitled to
any retroactive allocation of Profits or Losses incurred by the Company. The Members
may, at their option, at the time a Member is admitted, or an Interest transferred, close the
Company's books or make an allocation of tax items using any reasonable method
permitted under Section 706(d) of the Code and applicable Treasury Regulations.
(c) Any distributions of cash or other property shall be made to the
holder of record of any portion of a Membership Interest (or Economic Interest) on the
date of distribution.
6.8 Provisions Regarding Transfer Agreements and Repurchases Among
the Members. The Members may establish among themselves certain additional
agreements from time to time regarding the transfers of a Membership Interest or
Economic Interest in the Company, whether in the nature of restrictions or otherwise, and
may accord the Company certain rights to reacquire interests in the Company. All such
agreements must be in writing. At the date of execution of this Agreement, if the parties
have agreed to such provisions the terms of such agreements are attached to this
Agreement as a Supplemental Exhibit, and signed by all of the Members whose Interests
are to be bound by such terms. The provisions of such Exhibit, as presently agreed and as
may be amended from time to time, are incorporated into this Agreement by reference and
are made a part of this Agreement as if fuIIy set forth in the body of this Agreement.
ARTICLE 7
DISSOCIATION OF A MEMBER
7.1 Dissociation. A person shall cease to be a Member upon the happening of
any of the following events:
(a)
the bankruptcy of a Member;
(b) the assignment or transfer by a Member of such person' s entire
Membership Interest in accordance with the terms of this Agreement;
(c) in the case of a Member who is a natural person, the death of the
Member or the entry of an order by a court of competent jurisdiction adjudicating the
Member incompetent to manage the Member's personal estate;
10

(d) in the case of a Member who is acting as a Member by virtue of
being a trustee of a trust, the termination of the trust (but not merely the substitution of a
new trustee);
(e) in the case of a Member that is a separate organization other than a
corporation, the dissolution and commencement of winding up of the separate
organization; or
(f) in the case of a Member that is a corporation, the filing of a
certificate of dissolution, or its equivalent, for the corporation or the revocation of its
charter.
7.2 Rights of Dissociating Member. In the event any Member dissociates
prior to the expiration of the term of the Company, then the Member who dissociates, or
such Member's successor in interest shall, regardless of whether the dissociation was the
result of a voluntary act by such Member, only be entitled to receive distributions to which
the Member would otherwise have been entitled had the Member remained a Member, and
the dissociating Member shall thereafter be an Economic Interest Owner. Further, if the
dissociation occurs by virtue of an assignment of such person's entire Membership Interest
in accordance with this Agreement, then the rights and obligations of the dissociating
Member (and such-Member's successor) shall be subject to the provisions of Article 6.
7.3 Withdrawal of Member. Except as otherwise provided in Article 6, no
Member shall be entitled to withdraw or resign from the Company.
7.4 Effect of Dissociation of a Member. Notwithstanding anything to the
contrary in this Agreement, the Act or otherwise applicable state law, the dissociation of a
Member shall not cause the dissolution, termination or liquidation of the Company.
ARTICLE 8
DISSOLUTION AND LIQUIDATION
8.1 Events Triggering Dissolution. The Company shall dissolve and
commence winding up and liquidating upon the first to occur of any of the following
("Liquidating Events "):
(a) the determination by the Managers, or by unanimous agreement of
all of the Members, that the Company should be dissolved;
(b) the insolvency or bankruptcy of the Company;
(c) the sale of all or substantially all of the Company's assets; or
11

(d) any event that makes it impossible, unlawful or impractical to carry
on the business of the Company.
Notwithstanding anything to the contrary in the Act, the Members agree that the Company
shall not be dissolved or liquidated prior to the occurrence of a Liquidating Event, as set
forth in this Article 8. If it is determined by a court of competent jurisdiction that the
Company has dissolved prior to the occurrence of a Liquidating Event, then within a 90-
day period after such determination (the "Reconstitution Period"), the Members may elect
to reconstitute the Company and continue its business on the same terms and conditions
set forth in this Agreement by forming a new limited liability company on identical terms.
Upon such election within the Reconstitution Period all Members and Economic Interest
Owners (and their successors in interest) shall be bound thereby and shall be deemed to
have consented to such election.
8.2 Effect of Dissolution. No dissolution of the Company shall release any of
the parties to this Agreement from their contractual obligations under this Agreement.
8.3 Liquidation. Upon dissolution of the Company in accordance with Section
8.1, the Company shall be liquidated. The Members shall select a Liquidating Manager
(who may be any Member) who shall serve only for purposes of winding up the Company.
The proceeds of such Liquidation shall be applied and distributed in the following order of
priority:
(a) to the payment of the debts and Liabilities of the Company (other
than debts or liabilities owing to a Member or Economic Interest Owner), and the expenses
of liquidation (including, if applicable, the reasonable fees of the Liquidating Manager);
(b) the setting up of any reserves which the Liquidating Manager may
deem reasonably necessary for any contingent or unforeseen liabilities or obligations of the
Company, which reserves shall be paid over to an attorney at law, as escrow -holder, to be
held for the purpose of disbursing (under the direction of the Liquidating Manager) such
reserves in payment of any of the aforementioned liabilities and, at the expiration of such
period (not to exceed two (2) years) as the Liquidating Manager may deem advisable, for
distribution in the manner hereinafter provided;
(c) to the repayment of any outstanding advances or loans that may
have been made by any of the Members or Economic Interest Owners to the Company,
other than capital contributions, pro rata among them on the basis of such advances and
loans to the Company; and
(d) the balance, if any, to the Members or Economic Interest Owners
(or to their permitted transferees of their Interest in the Company, in whole or in part) in
accordance with their respective Capital Accounts, after adjustment for all income, loss,
12

and gain of the Company and after adjustment for all previous contributions and
distributions of the Company.
8.4 Revaluation. If the Company's assets are not sold, but instead are
distributed in kind, such assets, for purposes of determining the amount to be distributed to
the parties, shall be revalued on the Company books to reflect their then current fair
market value as of a date reasonably close to the date of Iiquidation. Any unrealized
appreciation or depreciation shall be allocated among the Members (in accordance with the
provisions of Article 3 as if such assets were sold at such fair market value) and taken into
account in determining the Capital Accounts of the Members as of the date of liquidation.
8.5 Distributions in Kind. The Liquidating Manager may make distributions
to the Members in cash or in kind, or partly in cash and partly in kind, in divided or
undivided interests, and to allocate any property towards the satisfaction of any payment or
distribution due to the Members in such manner as the Liquidating Manager may
determine, whether or not such distributive shares may as a result be composed of
differently. Distribution of any asset in kind to a Member shall be considered as a
distribution of an amount equal to the asset's fair market value for purposes of this Article
8.
8.6 Timing of Liquidation. Distributions and liquidation of the Company shall
be made in compliance with Treasury Regulation Section 1.704-1(b)(2)(ii)(b).
Distributions may be made to a trust established for the benefit of the Members for the
purposes of liquidating Company assets, collecting amounts owed to the Company, and
paying any contingent or unforeseen liabilities or obligations of the Company or of the
Members arising out of or in connection with the Company. The assets of any such trust
shall be distributed to the Members and Economic Interest Owners from time to time in the
reasonable discretion of the Liquidating Manager, in the same proportions as the amount
distributed to such trust by the Company would otherwise have been distributed to such
persons pursuant to this Agreement.
8.7 Certificate of Cancellation. Upon the dissolution of the Company and the
completion of the liquidation and winding up of the Company's affairs and business, the
Liquidating Manager shall (or if the Liquidating Manager fails to act, then any Member
may) prepare and file a certificate of cancellation with the Secretary of State, as required
by the Act. When such certificate is fled, the Company's existence shall cease.
ARTICLE 9
ACCOUNTING AND FISCAL MATTERS
9.1 Fiscal Year. The fiscal year of the Company shall be the calendar year.
13

9.2 Method of Accounting. The Members shall select a method of accounting
for the Company as deemed necessary or advisable and shall keep, or cause to be kept, full
and accurate records of all transactions of the Company in accordance with sound
accounting principles consistently applied.
9.3 Books and Records. All books of account shall, at all times, be maintained
in the principal office of the Company. Upon reasonable request, each Member or
Economic Interest Owner shall have the right, during ordinary business hours, to inspect
and copy all accounts, books, and other relevant Company documents at the requesting
Member's and Economic Interest Owner's expense. Upon written request of any Member,
the Company shall provide a list showing the names, addresses, and Membership Interests
and Economic Interests of all Members, and a copy of the operating agreement and
Certificate of Formation of the Company.
9.4 Bank Accounts. The Members shall open and maintain (in the name of the
Company) such bank accounts in which shall be deposited all funds of the Company.
Withdrawals from such account or accounts shaII be made upon the signature or signatures
of such person or persons as the Members shall designate.
9.5 Tax Matters Partner. The Members may designate one of their number to
act as the "Tax Matters Partner" under Section 623 1(a)(7) of the Internal Revenue Code of
1986, as amended, to manage administrative tax proceedings with the Internal Revenue
Service.
ARTICLE 10
MISCELLANEOUS
10.1 Amendment. Except as otherwise provided in this Section 10.1 or elsewhere in
this Agreement, this Agreement may be amended only with the consent of the Members holding at
least 75% of the Membership Interests. Notwithstanding anything to the contrary in this Section
10.1, this Agreement may not be amended, without the consent of the Member or Members
affected by any amendment to this Agreement, to (i) modify the limited liability of a Member; (ii)
alter the status of the Company as a partnership for federal income tax purposes; or (iii) otherwise
modify the compensation, distributions, or rights of reimbursement to which such Member(s) are
entitled, or affect the duties of such Members serving as Managers or the indemnification to which
such Members serving as Managers, and their affiliates, employees or agents, are entitled.
10.2 Glossary. As used in this Agreement, capitalized words and phrases shall have the
following meanings:
(a) Bankruptcy. `Bankruptcy "of any individual, corporation or partnership shall
be deemed to occur when (1) such individual, corporation or partnership files a petition in
bankruptcy, or voluntarily takes advantage of any bankruptcy or insolvency law, or (2) is the
subject of a petition or answer proposing the adjudication of such person as a bankrupt, and such
individual, corporation or partnership either consents to the filing thereof, or fails to cause such
14

petition or answer to be discharged or denied prior to the expiration of sixty (60) days from the
date of such filing, or (3) such person's or entity's assets are insufficient to pay his, her or its
liabilities, or he, she or it has so admitted in writing.
(b) Capital Account. "Capital Account" means, with respect to any Member, the
Capital Account maintained for such Member in accordance with the following provisions:
(i) To each Member's Capital Account there shall be credited such
Member's Capital Contributions, such Member's distributive share of Profits and any items in the
nature of income or gain that are specially allocated pursuant to Section 3.2 (other than Section
3.2(a)) of this Agreement, and the amount of any Company liabilities that are assumed by such
Member or that are secured by any Company property distributed to such Member.
(ii) To each Member's Capital Account there shall be debited the
amount of cash (exclusive of amounts, if any, paid as compensation in exchange for management
services of the Members) and the fair market value of any Company property distributed to such
Member pursuant to any provision of this Agreement, such Member's distributive share of Losses
and any items in the nature of expenses or Losses that are specially allocated pursuant to Section
3.2 (other than Section 3.2(a)) of this Agreement, such Member's distributive share of noncapital,
nondeductible expenditures of the Company under Code Section 705(a)(2)(B) (including items
treated as such expenditures pursuant to Treasury Regulation 1.704-I (b)(2)(iv)(i)), and the
amount of any liabilities of such Member that are assumed by the Company or that are secured by
any property contributed by such Member to the Company.
(iii) In the event any Member transfers all or any portion of its Membership
Interest in accordance with the terms of this Agreement, the transferee shall succeed to the Capital
Account of the transferor to the extent it relates to the transferred Interest.
(iv) In determining the amount of any liability for purposes of this Section
10.2(b), there shall be taken into account Code Section 752(c) and other applicable Code Sections
and Treasury Regulations.
(v) The foregoing provisions and the other provisions of this
Agreement relating to the maintenance of Capital Accounts are intended to comply with Treasury
Regulation Section 1.704-1(b), and shall be interpreted and applied in a mannerconsistent with the
Treasury Regulations. In the event the Members determine that it is prudent to modify the manner
in which the Capital Accounts, or any debits or credits thereto (including, without Iimitation, debits
or credits relating to liabilities that are secured by contributed or distributed property or that are
assumed by the Company or the Members), are computed in order to comply with such
Regulations, the Members may make such modification, provided that it is not likely to have a
material effect on the amounts distributable to any Member pursuant to Article S of this
Agreement upon the dissolution of the Company. The Members also shall (1) make any
adjustments that are necessary or appropriate to maintain equality between the Capital Accounts of
the Members and the amount of capital reflected on the Company's balance sheet, as computed for
15

book purposes, in accordance with Treasury Regulations Section 1.704-1(b)(2)(iv)(g), and (2)
make any appropriate modifications in the event unanticipated events might otherwise cause this
Agreement not to comply with Regulations Section 1.704(b).
(c) Capital Account Deficit. "Capital Account Deficit" means, with respect to
any Member, the deficit balance, if any, in such Member's Capital Account as of the end of the
relevant fiscal year of the Company, after giving effect to the following adjustments:
(i) Credit to such Capital Account any amounts which such Member is
obligated to restore (pursuant to the terms of any promissory note of such Member or otherwise)
or is deemed to be obligated to restore pursuant to the penultimate sentences of Regulations
Sections I.704-2(g)(1) and 1.704-2.(i)(5); and
(ii) Debit to such Member's Capital Account the items described in
Sections 1.704-1(b)(2)(ii)(d)(4), (5) or (6) of the Regulations.
The foregoing definition of Capital Account Deficit is intended to comply with Regulations
Section 1.704-1(b)(2)(ii)(d) and shall be interpreted consistently therewith.
(d) Capital Contribution. "Capital Contribution" means, with respect to any
Member, the amount of money and the initial fair market value of any property (other than money)
contributed to the Company with respect to a Membership Interest held by such Member. The
principal amount of a promissory note which is not readily tradable on an established securities
market and which is contributed to the Company by the maker of the note (or a person related to
the maker of the note within the meaning of Treasury Regulation 1.704-1(b)(2)(ii)(c)) shall not be
included in the Capital Account of any Member until the Company makes a taxable disposition of
the note or until (and to the extent that) principal payments are made on the note, all in accordance
with Treasury Regulation 1.704-1(b)(2)(iv)(d)(2).
(e) Code. "Code" means the Internal Revenue Code of 1986, as amended from
time to time (or any corresponding provisions of succeeding law).
(f) Company. "Company" means the limited Iiability company governed by this
Agreement.
(g) Company Minimum Gain. "Company Minimum Gain, "which generally refers
to the excess of the outstanding Company Nonrecourse Liability mortgage balance over the
adjusted basis of the Property, shall have the meaning ascribed to such term under Regulation
Section 1.704-2(d).
(h) Company Nonrecourse Deductions. "Company Nonrecourse Deductions"
shall have the meaning set forth in Regulation Section 1.704-2(e), which provides generally that
the amount of Company Nonrecourse Deductions (as identified in Regulation Section 1.704-
2(j)(1)(ii)) for a Company fiscal year equals the excess, if any, of the net increase, if any, in the
16

amount of Company Minimum Gain during that fiscal year over the amount of any distributions
during that fiscal year of proceeds of a Company Nonrecourse Liability that are allocable to an
increase in Company Minimum Gain.
(i) Company Nonrecourse Liability. "Company Nonrecourse Liability" shall have
the meaning set forth in Regulation Sections 1 .704-2(b)(3) and 1.752-1 (a)(2), which generally
refer to liabilities of the Company for which no Member (or person related to a Member) bears the
economic risk of loss.
(j) Depreciation. "Depreciation" means, for each fiscal year or other period, an
amount equal to the depreciation, amortization, or other cost recovery deduction allowable, if any,
with respect to a Company asset for such year or other period, except that if the fair market value
of an asset differs from its adjusted basis for federal income tax purposes at the beginning of such
year or other period, Depreciation shall be an amount which bears the same ratio to such beginning
fair market value as the federal income tax depreciation, amortization, or other cost recovery
deduction for such year or other period bears to such beginning adjusted tax basis.
(k) Economic Interest. "Economic Interest" means a Member's or Economic
Interest Owner's share of the Company's Profits, Losses, Net Cash Flow, and other distributions of
the Company's assets pursuant to this Agreement and the Act, but shall not include any right to
participate in the management or affairs of the Company, including, without limitation, the right to
vote on, consent to, or otherwise participate in any decision of the Members, all as provided in
Section 6.2.
(l) Economic Interest Owner. "Economic Interest Owner" shall mean the
owner of an Economic Interest who is not a Member, including without Iimitation, a person who
has acquired an Economic Interest (i) as an assignee pursuant to Section 6.2, or (ii) as the personal
representative, guardian or other successor in interest upon the death (in the case of a Member
who is an individual), dissolution (in the case of a Member who is not an individual), bankruptcy
or physical or mental incapacity of a Member pursuant to Article 7.
(m) Lender. "Lender" means any Member who advances (other than as a Capital
Contribution) any money or property to the Company.
(n) Members. 'Members" means the persons listed on attached Schedule A,
and any person admitted to the Company as a Member in accordance with Article 6. The Members
shaII have the powers, rights and privileges provided to them in this Agreement.
(o) Membership Interest. "Membership Interest" means a Member's Economic
Interest in the Company and such Members right to participate in the management of the business
and affairs of the Company, including, without limitation, the right to vote on, consent to, or
otherwise participate in any decision or action of the Members pursuant to this Agreement or the
Act. Unless otherwise agreed to in a writing signed by all of the Members and attached to this
Agreement, the Members' respective percentage Membership Interests shall be equal to the
17

proportionate agreed -upon values of the Capital Contributions made by each Member, to the
extent that such Contributions have been received by the Company and not returned. For this
purpose, distributions pursuant to Article 4 shall not be considered as a return of Capital
Contributions unless specifically identified as such by the Members in writing.
(p) Net Cash from Operations. "Net Cash from Operations" means the gross
cash proceeds from Company operations (including sales and dispositions in the ordinary course of
business) less the portion of such proceeds used to pay or establish reserves for all Company
expenses, debt payments, capital improvements, replacements, and contingencies, all as determined
by the Members. "Net Cash from Operations" shall not be reduced by depreciation, amortization,
cost recovery deductions, or similar allowances, but shall be increased by any reductions of
reserves previously established pursuant to Section 5. Payments of principal and interest on any
debts or other obligations of the Company, whether or not secured by mortgages or liens on
Company property, shall be considered as a deduction from Net Cash from Operations.
(q) Net Cash from Sales or Refinancings. 'Net Cash from Sales or
Refinancings" means the net cash proceeds from all sales and other dispositions (other than in the
ordinary course of business) and all refinancings or placement of new mortgages on the Property,
less any portion of such proceeds used to establish reserves or applied to capital improvements, all
as determined by the Members. "Net Cash from Sales or Refinancings" shall include all principal
and interest payments received by the Company with respect to any note or other obligations
received by the Company in connection with sales and other dispositions (other than in the
ordinary course of business) of Property. Payments of principal and interest on any debts or other
obligations of the Company, whether or not secured by mortgages or liens on Company property,
shall be considered as a deduction from Net Cash from Sales or Refinancings. For purposes of this
Agreement, Net Cash from Sales or Refinancings shall also include any Capital Contributions of
the Members as well as any incremental adjustment to the value of the Company's property in
connection with a Revaluation under Section 8.4.
(r) Profit and Losses. "Profits" and "Losses"means, for each fiscal year or
other period, an amount equal to the Company's taxable income or loss for such year or period,
determined in accordance with Code Section 703(a) (and for this purpose, all items of income,
gain, loss, or deduction required to be stated separately pursuant to Code Section 703(a)(1) shall
be included in taxable income or loss), with the following adjustments:
(i) Any income of the Company tat is exempt from federal income tax and
not otherwise taken into account in computing Profits or Losses pursuant to this Subsection shall
be added to such taxable income or loss;
(ii) Any expenditures of the Company described in Code Section
705(a)(2)(B) or treated as Code Section 705(a)(2)(B) expenditures pursuant to Treasury
Regulation Section 1.704-1 (b)(2)(iv)(0, and not otherwise required to be taken into account in
computing Profits or Losses pursuant to this Subsection, shall be subtracted from such taxable
income or loss;
18

(iii) Cain or Ioss resulting from any disposition of Company property with
respect to which gain or loss is recognized for federal income tax purposes shall be computed by
reference to its fair market value (as of the time of receipt of the property by the Company),
notwithstanding that the adjusted tax basis of such property differs from its fair market value;
(iv) In lieu of the depreciation, amortization, and other cost recovery
deductions taken into account in computing such taxable income or loss, there shall be taken into
account Depreciation for such fiscal year or other period, computed in accordance with Section
10.20) of this Agreement;
(v) To the extent that an adjustment to the adjusted tax basis of any
Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required under
Treasury Regulation 1 .704-1(b)(2)(iv)(m)(4) to be taken into account in determining Capital
Accounts as a result of a distribution other than in liquidation of a Member's interest in the
Company, the amount of such adjustment shall be treated as an item of gain (if the adjustment
increases the basis of the asset) or an item of Ioss (if the adjustment decreases the basis of the
asset) from the disposition of the asset and shall be taken into account for purposes of computing
Profits or Losses; and
(vi) Any items that are specially allocated pursuant to Section 3.2(a) shall
not be taken into account in computing Profits or Losses.
(s) Property. "Property" means the Company's interest in any tangible or
intangible property, real or personal, but excluding services and promises to perform services in
the future.
(t) Treasury Regulations. "Treasury Regulations" means the Income Tax
Regulations promulgated under the Code, as such regulations may be amended from time to time
(including corresponding provisions of succeeding regulations).
10.3 Notices. Unless otherwise provided in this Agreement or by written agreement of
the Members, all notices or other communications required or permitted to be given under this
Agreement shall be deemed given when delivered personally or mailed by registered or certified
mail, return receipt required, postage prepaid, or delivered by overnight courier service, to the
Members at their addresses on the records of the Company, or at such other addresses as a
Member may designate to the Company in writing.
10.4 Binding Effect. Except as otherwise provided in this Agreement to the contrary,
this Agreement shall be binding upon and inure to the benefit of the parties, their personal
representatives, successors and assigns.
10.5 Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original, and said counterparts shall constitute but one and the same
instrument which may be sufficiently evidenced by one counterpart.
19

10.6 Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State under which the Certificate of Formation of the Company
was originally filed,
10.7 Severability. The invalidity or unenforceability of any particular provision of this
Agreement shall be construed in all respects as if such invalid or unenforceable provision were
omitted,
10.8 Gender. As used in this Agreement, the masculine gender shall include the
feminine and the neuter, and vice versa.
CERTIFICATE
The undersigned agree, acknowledge and certify that the foregoing document constitutes
the ©perat r greement adopted by the Members of the Company as of the date of this
Agreeme
SO I ' ' 'CRASS NCH, PLC
BY: D GLAS R. Ai AMS, MEMBER.
20

SCHEDULE A
Members
Southern Cross Ranch, - 52% interest Capital contribution: $
45 Parkland Drive
Stockbridge, GA 30281
James A. McClellan - 24% interest Capital contribution, $
4739 Mel Nunnery Road
Fort Lawn, SC 29714
Glenn A. Garris - 24% interest Capital contribution: $
11203 Asbury Chapel Road
Huntersville, NC 28078

Entity Names
nnp:uwww.secretary.state.nc.ustcorporatteasfsosxtutArp.aay : JULJ UY.)
North-Carolira__ __ _—
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY of STATE
PO Box 29622 Raleigh. NC 27626-0622 [phone]
Corporations
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Date: 9/29/2003
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View Document Filings 11Print an Entity Report I
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Corporation Names
Name
MAG Land Development, L.L.C.
Name Type
Legal
Limited Liability Company Information
SOSID:
0669369
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Current -Active
3/27/2003
Foreign
GA
Perpetual
Agent Name:
Registered Office Address:
Registered Mailing Address:
Principal Office Address:
Principal Mailing Address:
Garris Glen
1816 Aviation Drive
Monroe NC 28110
1816 Aviation Drive
Monroe NC 28110
45 Parkland Drive
Stockbridge GA 30211
No Address
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1 of 1
9/29/2003 2:15 PM

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 12, 2003
CERTIFIED MAIL
RETURN ECEIPT RE UESTE
Mr. Douglas Adams, Southern Cross Ranch, LLC
MAG Land Development, LLC
45 Parkland Drive
Stockbridge, Georgia 30281
• Subject:
Return of Permit Application Package
Curtis Pond -Phase 2
Wastewater Collection System Extension
Iredell County, North Carolina
Dear Mr. Adams:
The Division of Water Quality's Mooresville Regional Office is unable to accept the enclosed application
package for review for the following reason:
1 Item D. Certifications (la) of the application has not been signed by a representative of the Owner
(MAC Land Development,
LLC) as indicated in Item A. Application Information (la). It appears that
the Signing Official, Southern Cross, is different from the Owner, MAG Land Development, MC.
ng the
Please note that the item listed above must be included and/or
completed prior
# 0160) s being; returned
permit application package for approval. Your application(and process
as incomplete in accordance with 15A NCAC 2H .0208. The success of the fast -track approval ov
depends upon the receipt of complete and accurate w applications.
will then begin upoease make n receipt of the
te
corrections and resubmit the application. The p
completed and/or corrected application.
Please be advised that construction and/or operation
ef tStatute 43 215.1andmay
collection
isystem
subject thelon Appiicantt
a valid permit is a violation of North Carolina GeneralSa 143-215.6. Civil
to appropriate enforcement actions in accordance with North assessedCarolina for failure to secureneral ea permit required
penalties of up to $25,000 per day per violation may b
by North Carolina General Statute 143-215.1.
If you should have any questions regarding the acceptance of your application, please do not hesitate
to contact me at [phone]. Thank you for your cooperation.
Sincerely,
Sonja Williams
Consultant
Enclosures
cc: Dan Brewer, Chas. H. Sells, Inc. (no enclosures)
Mooresville Regional Office
919 N. Main Street, Mooresville, NC 28115
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http:llh2o.enr.state.ec.usl
Telephone [phone] Fax [phone]
Telephone [phone]
50% recycled/10% post -consumer paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
January 22, 2008
Douglas Adams, Owner
MAG Land Development, LLC
45 Parkland Drive
Stockbridge, GA 30281
SUBJECT: Curtis Pond Phase 2
Permit No. WQ0023127
Wastewater Collection System Extension
Final Engineering Certification
Dear Permittee:
The Division received a final engineering certification for the subject project on December 6, 2007.
A full review of the certification materials may or may not be conducted. It is assumed that receipt
of this certification indicates compliance with all regulations, design criteria and the permit. Please
be reminded that the Permittee is responsible for keeping a copy of the final record drawings for
the life of the project. If you have not received a copy, please contact your consultant
immediately to obtain a copy.
You are receiving this fetter because the Division has you listed as the responsible party. If this
permitted system is no longer owned by you, please complete Form PNOCF-S as this permit is not
automatically transferable. Form PNOCF-S can be downloaded from
http://h2o.enr.sfate.nc.us/ndpu/ndpuapps.html#Sewer.
If you have any questions concerning this document or the completion of Form PNOCF-S (if
-- - -- necessary), -please contact -Ms. Dee Browder -at the letterhead-address-orvia E=mail at
[e-mail].
Robert Krebs
Surface Water Protection Regional Supervisor
Enclosure
Cc: Dan Brewer, Chas. H. Sells
Surface Water Protection Section Central Files (certification page only)
NorthCaroiina
Naturally
Pretreatment, Emergency Response and Collection Systems Unit Internet httpalh2o.enr.nc.staie.uslndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 An Equal Opportunity Action Employer
Telephone [phone] Fax [phone]% recycled/10% post -consumer paper

Fast Track Engineerin
Permit No, WQ0023127
September 29, 2003
Certification
Complete and submit this form to the permit issuing regional office with the followin
One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
supporting design calculations (selected pumps,system curve, operating paint, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
Changes to the project should be clearly identified on the record drawings or in written summary form. Perm
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria,
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
Partial Final
Dap, E brewer
been authorized to observe periodically, 0 weekly, Q full time) the construction of the Curtis Pond Phase 2,
Iredell County project for the Permittee hereby state that, to the best of my abilities,, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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.
as a duly registered Professional Engineer in the State of North
North Carolina Professional Engineer's
seal, signature, and date;
olina, having
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
MOORESVILLE REGIONAL OFFICE
919 N. MAIN STREET
MOORESVILLE NC 28115
The Perrnittee is responsible for tracking all partial certifications up until a final certification is received. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate
enforcement actions.

Civil En,ineering, Surve in and Plannino
November 27, 2007
Mooresville Regional Office
610 E. Center Street, Suite 301
Mooresville, North Carolina 28115
R .fer- e: Final Engineer's Certification for Wastewater Collection System
Permit No. WQ0023127
Portion of Curtis Pond, Phase 3
Mooresville, North Carolina
Ladies and Gentlemen
Please find attached the Engineer's Certification form and a copy of the construction record
drawings for the above referenced project. Please note that the original Permit was for Phase 2
which was split into two separate phases. This certification is for th.e remainder of the original
Phase 2, currently Phase 3.
If you have any questions or require additional information, please contact us.
Respectfully submitted,
Chas. H. Sens, Inc.
Dan E. Brewer, P.E.
Senior Associate
Attaclunents
Cc: Mr. Allan McLellan, MAG Land Development
Mr, Allison Kraft, Town of Mooresville
12,8 t.tverhdl 1)rioce *Hwile 14 • N'ItH,F4,;-\•01,,% I 471r1,062,0PUO • rzr,:. 701..64F2,AllW
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