WQ0020299_Regional Office Historical File Pre 2018

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Deppment of F_nr ironmr�t af9 � ,,td to;al Resources
l•7i
AND I:: Alai(-,W3JimneLSP. E., Director
OD ;q cIerQuality
September 9, 2002
Mr. Jasbir Cheema, Manager
Harrogate at the Lake, LLC
18461 Harborside Drive
Cornelius, North Carolina 28031
Dear Mr. Cheema:
SEP 1 1 2002
Subject: Permit No. WQ0020299
Harrogate Subdivision
Phases l & II
Pressure Sewer Extension
Mecklenburg County
In accordance with your application received July, 8, 2002, and additional information received
August 20, 2002 and August 23, 2002, we are forwarding herewith Permit No. WQ0020299 dated
September 9, 2002 to Harrogate at the Lake, LLC for the construction and operation of the subject
wastewater collection extension. This permit shall be effective from the date of issuance until rescinded,
shall void Permit No. WQ0020299 issued October 24, 2002 and Permit No. WQ0020393 issued September
28, 2001, and shall be subject to the conditions and limitations as specified therein. The public portion of
this system is permitted under WQ0021052.
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 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -
Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically
mentioned herein. Division approval is based on acceptance of the certification provided by a North
Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to
ensure that the as -constructed project meets the appropriate design criteria and rules. 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.
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.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Pnnal etnnnrtnnity Artinn F.mnlnver
Internet http://h2o.enr.state.nc.us/ndpu NCDENR
Telephone [phone] Fax [phone]
Telephone [phone]
5O9, recvcled/1 D% nnst-consumer naner

One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Bennie Goetze, Jr., P. E. at [phone] extension 375.
sf�
Sincer'
::Alan W. Klimek,, P. E.
cc: Mecklenburg County Health Department
Mecklenburg Department of Environmental Protection
Mooresville Regional Office, Water Quality Section (Permit NC0036277)
Patterson, Brewer & Associates, P. A.
Water Quality Central. Files
NDPU Files
2

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Harrogate at the Lake, LLC.
Mecklenburg County
FOR THE
construction and operation of approximately 274 linear feet of 6-inch gravity sewer; 301 linear feet of 8-inch
gravity sewer; a pressure sewer collection system consisting of 26 - 15 GPM pump stations with simplex pumps,
on -site audible and visual high water alarms and approximately 476 linear feet of 1.5-inch pressure sewer; and 2 -
30 GPM pump stations with duplex pumps and on -site audible and visual high water alarms, portable standby
generators, approximately 15 linear feet of I.5-inch force main and approximately 50 linear feet of 2-inch force
main and associated appurtenances to serve Harrogate Subdivision, Phases I & II, (public portion permitted under
WQ0021052) and the discharge of 7,600 GPD of collected wastewater into the Charlotte -Mecklenburg Utility
Department's existing sewerage system, pursuant to the application received July, 8, 2002, and additional
information received August 20, 2002, and August 23, 2002 and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved bytthe Department of Environment and
Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specified conditions and limitations:
1. This permit shall become revocable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit; I5A 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 is effective only with respect to the nature and volume of wastes described in the application and
other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The Pennittee
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.
1

b. A map of the sewer system shall be developed prior to January I, 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 at least three times per
week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A
NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day.
Pump stations that are connected to a telemetry system shall be inspected at least once per week. This
requirement does not apply to pump stations serving a single building associated with a properly
permitted pressure sewer system.
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_ The sewage and wastewater collected by this system shall be treated in the Charlotte -Mecklenburg Utility
Department Wastewater Treatment Facility (NPDES Permit No. NC0036277) prior to being discharged into
the receiving stream.
5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is
a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality
(Division) accompanied by documentation from the parties involved and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may not be approved.
6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by
the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the
State.
7. Upon completion of construction and prior to operation of these permitted facilities, a certification and a copy
of the construction record drawings 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,
16I7 Mail Service Center, Raleigh, NC 27699-1617.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
9. 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.
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, 10. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules,
'regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal)
having jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, soil
erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General
Permit NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A
NCAC 2H .0500.
11. The Permittee shall provide for the pressure sewer system the following items:
a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in any centralized
pump station serving more than one building.
b. At least 24 hours of storage capacity above the pump -on activation level for any simplex pump station
serving a single family residence.
c. An air relief valve located at all high points along the force main.
d. A screened vent for the wet well.
e. Fillets located in the wet well(s) at the intersection of the flooring and side walls.
f. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot
be maintained.
g. Sufficient devices which will protect the pump station from vandals.
h. Flood protection if the pump station is located below the 100-year flood elevation.
i. Adherence with the following minimum separations:
(i) Storm sewers (vertical) 12 inches
(ii) Water mains (vertical -water over sewer) 18 inches or (horizontal) 10 feet
(iii) In benched trenches (vertical) 18 inches
(iv) Any private or public water supply source, including any WS-I waters or Class I or Class II
impounded reservoirs used as a source of drinking water 100 feet
(v) Waters classified WS (other than WS-I), B, SA, ORW, HQW, or SB [from normal high water (or
tide elevation)] 50 feet
(vi) Any other stream, lake or impoundment 10 feet
(vii) Any building foundation 5 feet
(viii) Any basement 10 feet
(ix) Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
(x) Drainage systems
(I) Interceptor drains 5 feet
(If) Ground water lowering and surface drainage ditches 10 feet
(xi) Any swimming pool 10 feet
(xii) Ferrous sewer pipe with joints equivalent to water main standards, shall be used where these
minimum separations cannot be maintained. The minimum separation shall however not be less
than 25 feet from a private well or 50 feet from a public water supply well;
12. In the event•that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those that may be required by this Division, such
as the construction of additional or replacement wastewater collection facilities.
13. The septic tank shall be inspected annually for solids content and pumped out as needed. Documentation for
inspection and pumping must be maintained for a minimum of three years.
14. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-
1699, as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater transport such as mechanical or electricalfailures of pumps, line blockage or breakage, etc.
3

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 (5)
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.
15. This permit shall become revocable unless the agreement between the Harrogate at the Lake, LLC and the
Charlotte -Mecklenburg Utility Department for the collection and final treatment of wastewater is in full force
and effect.
16. The Operational Agreement between the Permittee and the Environmental Management Commission is
incorporated herein by reference and is 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
Statute 143-215.6A to 143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this Permit.
17. The Permittee shall maintain on hand for immediate installation a supply of spare, fully operational pump
units of each type used in the pressure sewer system. The number of pumps on hand shall not be less than 10
percent of the number of installed units or one unit, whichever is greater.
18. Each pump station shall be clearly and conspicuously posted with the telephone number of the owner/operator
of the pressure sewer system and instructions to call the number in the event of high water alarm activation.
Permit issued this the 9th day of September, 2002
NORTH AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,zil
elan W. Klimek, P. E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0020299
4

Permit No. WQ0020299
September 9, 2002
ENGINEER'S CERTIFICATION
Partial Final
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,
Project Name Location and County
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 and intent of
this permit, the approved plans and specifications, and other supporting materials.
Signature Registration No. _
Date
The above Engineer's Certification must be completed and submitted to the address below with one (1) copy of
the Record Drawings (i.e., as -constructed plans) of the permitted facilities. This project shall not be considered
complete and allowed to operate until this Engineer's Certification and the Record Drawings have been submitted.
Any wastewater flow made tributary to the permitted facilities 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.
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
5

r,WAT
Mr. Juri Roopra
Harrogate at the Lakes, LLC
18641 Harborside Dr.
Cornelius, North Carolina 28031
Dear Mr. Roopra:
elF. Easley, Governor
Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
February 26, 2007
C it
Subject: Application No. WQ002©2
Additional Information Request
Harrogate Subdivision
Wastewater Collection System Extension
Mecklenburg. County
In response to a recent request, I am enclosing the change of ownership form to be used for the transfer of
ownership from Harrogate at the Lakes, LLC to the Harrogate Homeowners Association. Please note that this
form must be signed by the current permit holder as well as by the duly authorized representative of the properly
constituted homeowners association. In addition, the application must be accompanied by the Declarations and
By-laws of the association. These documents must contain the appropriate conditions required by the Developers
Agreement that is a part of the permit for the construction and operation of the subject wastewater collection
facility. These are also outlined below.
1. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
2. 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.
3. 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.
4. 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. No Carolina
`urally
Pretreatment, Emergency Respone & Collection Systems Unit
Location: 512 N. Salisbury St. Raleigh, NC 27604
Internet: www,n aaterquality.ore
1617 Mail Service Center
Phone [phone]
Fax [phone]
An Equal Opportunity/Affirmatnie A ran Employer— 50©% Recycled/10% Post Consumer Paper
Raleigh, NC 27699-1617
Customer Service
1-877-623-6748

Mr. Juri Roopra
Page 2
February 26, 2007
5. 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 peniiit.
In addition, the agreement and the permit also states that "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." and
that "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 perrnit has been reissued to the DEVELOPER's
successor". Failure to abide by these conditions, including the proper maintenance and operation of the entire
system, will subject the permittee to enforcement actions including possible civil penalties (GS 143-215.6A),
criminal penalties (GS143-215.6B), and/or injunctive relief.
Also be aware that the permit contains a condition that is not applicable to this project. Condition 13 states that
the septic tanks will be inspected annually and pumped as necessary. As there are no septic tanks on this system,
this requirement is void. The existing pump tanks permitted as a part of the pressure sewer system carry no
requirement to be inspected on a periodic basis.
If you have any questions regarding this request, please do not hesitate to contact me at [phone],
extension 375. Thank you for your cooperation.
Sincerely,
A. Bennie Goetze, Jr., P. E.
Environmental Engineer
cc: Ms. Dee Browder, Mooresville Regional Office, Surface Water Protection Section
Harrogate Homeowners, P. O. Box 610, Cornelius, NC 28031
Mr. Matt Mathews, Chief, Point Source Branch, Division of Water Quality
Permit Application File WQ0020299

PERMIT NAME OR OWNERSHIP CHANGE FORM
FOR SEWER SYSTEMS
FORM PNOCF-S 09/04
This form may be photocopied for use as an original but not altered in any way.
This form is to be used for franferring a perrnit for a sewer system to a new owner or changing a company name. Sewer
permits start with a WQ and contain the terms sewer extension or collection system in the permit subject field. This form
should not be used for permits beginning with NC, NCG, SW or other types of non -sewer permits beginning with WQ.
I. REQUIRED ITEMS - PLEASE READ CAREFULLY. INCOMPLETENESS OR OMISSIONS MAY LEAD TO DELAYS IN
PROCESSING YOUR REQUEST.
1. Submit one original of this completed and appropriately executed Form.
a. For a change of ownership, the certification must be signed by both the current permit
holder and the new applicant.
b. For a name change only, the certification must be signed by the applicant.
2. Provide legal documentation of the transfer of ownership or company name change (such as a
contract, deed, article of incorporation, approved Board minutes, etc.) for ownership changes.
3. For transfer from a developer to another developer who is selling lots:
a. Submit a properly executed Operational Agreement (Form DEV 02/03).
b. If the developer has already formed a legal Homeowner's Association (HOA) in
accordance with an executed Operational Agreement, submit a copy of the articles of
incorporation, Declaration and Bylaws that contain the language required by'the
Operational Agreement.
4. For transfer from a developer to a legally formed and registered homeowner or property owner
association (HOA/POA):
a. Submit a properly executed Operational Agreement (Form HOA 02/03).
b. Submit a copy of the Association Bylaws and Declarations that contain the language
required by the Operational Agreement.
II. PURPOSE OF THIS TRANSFER
❑ Name Change
❑ Ownership Change ❑ Other (explain on separate sheet)
III. CURRENT PERMIT INFORMATION
Permit number. WQ00
Company name:
Permit signing official name and title (current name on permit):
Mailing address:
City:
State:
Zip:
Tel:
Fax:
E-mail:
NoorthCarolina
A7aturallj
Pretreatment, Emergency Response and Collection Systems Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Courier/Overnight: 512 N. Salisbury Street, Suite 1304, Raleigh, NC 27604
Telephone [phone] Fax [phone]
Internet htipd/h2o.enr.nc.state.usfndpu
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper

IV. NEW OWNER/NAMEINFORMATION
Authorized signing official name and title (see 15A NCAC 2H .02061:
g address:
Tel:
V. CERTIFICATIONS
Fax:
FORM PNO
PAGE;
ip:
1. Current Permittee's Certification:
I, w , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete. I
understand I will continue to be responsible for compliance with the current permit until a new permit
is issued.
Signature:
2. Applicant's Certification:
Date:
1, attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE ATTENTION OF MARIE
DOKLOVIC AT THE LETTERHEAD ADDRESS
***END OF FORM PNOCF-S 09/04***

rOF NORTH CAROLINA
TY OF Permit No.
HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of
by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
, a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
AS SOCIATION.
WITNESSETH:
1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C
or 47F of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with 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 ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
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 ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
and appurtenances thereto are part of the common elements and shall thereafter 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.
FORM: HOA 02/03 Page 1 of 2

The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal Syste
will be maintained out of the common expenses. In order to assure that there shall be funds readily
available to repair, maintain, or construct the Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at any time.
5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of 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.
6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION by the issuance of a permit.
7, The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION'S successor.
S, The agreements set forth in nuanbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIA I ION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
Name of ASSOCIATION
Print Name and Title
(Date) (Date)
FORM: HOA 02/03 Page 2 of 2