WQ0042861_Application (FTSE)_20210915

State of North Carolina
Department of Environmental Quality
DWR Division of Water Resources
15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number: fw OD q2. 6 I (to be completed by DWR)
All items must be completed or the amplication will be returned
1. APPLICANT INFORMATION:
1. Applicant's name: Ashton Raleigh Residential LLC (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ State/County ❑ Municipal ❑ Other
3. Signature authority's name: Raymond Rinker per 15A NCAC 02T ,01061 b1
Title. Vice President of Land Development '
F
4. Applicant's mailing address: 5711 Six Forks Road. Suite 300 p�
City: Raleigh State: NC Zip: 27609-
fo
5. Applicant's contact information:
Phone number: {919) 232-5100 Email Address: Raymond. Rinker6ilashtonwoods.com
H. PROJECT INFORMATION: v �16
I. Project name: Angier Avenue Townhomes - Private
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project CIO
If a modification, provide the existing permit number: WQ00 and issued date:
If new construction but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: Durham
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.94533` Longitude:-78.83460
5. Parcel ID (if applicable): 165024
(or Parcel ID to closest downstream sewer)
Ill. CONSULTANT INFORMATION:
I . Professional Engineer: GaryZurawski License Number: 048395
Firm: Bohler Engineering NC, PLLC
Mailing address: 4130 Parklake Ave. Suite 130
City: Raleigh State: NC Zip: 27615-
Phone number: [phone] Email Address: gzurawskiQbohlcren¢.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: Triangle WWTP Permit Number: NCO026051
Owner Name: Durham County
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
1, Permit Number(s). WQUnknown Downstream (Receiving) Sewer Size: 8 inch
System Wide Collection System Permit Numbcrtsl (if applicablcl: WQCS00038
Owner Name(s): Durham County
FORM: FTA 04-16 Page 1 of 5

NC Dept of Environmental Quality
VI. GENERAL REQUIREMENTS SEP 15 2
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑No ®NIA Raleigh Regional Office
2. If the Applicant is a Developer of lots to be sold, has a ULJUTIer's Opera[ianal Agregneni (17(11;M: DEY been attached?
N Yes [:]No ❑NIA
3. If the Applicant is a EisrmelPro M Owl)ers' Associal ion, 11;1S arr OoeratiMal Agreement (FORM: HOA) been attached?
[-]Yes [:]No ®NIA
4. Origin of wastewater: (check all that apply):
N Residential Owned ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential Leased ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool /Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: 100 % Domestic/Commercial % Commercial
% Industrial (Sce .I 5A NCA(' 02T .0103(20))
,Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Hasa flow reduction been approved under 15A-NCAC 02T .01 14(f1? ❑ Yes N No
➢ If Yes, provide a cony of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0I 14(q
Daily Design Flow ''b
No. of Units
Flow
Residential Development (3 bedroom units)
360 gal/unit
115
41,400 GPD
gall
GPD
gall
GPD
gall
GPD
gal/
GPD
gal/
GPD
Total
41,400 GPD
a See I SA NCAC 02T .01 14(b). id), (e)(1) and (c)(2) for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas;
and residential property located south or cast of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined
in O.S. 42A-4).
b Per 15A NCAC 02T .01 14(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 41,400 GPD (per 15A NCAC 02T .01 14)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, indicate why:
❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line
❑ Flow has already been allocated in Permit Number:
❑ Rehabilitation or replacement of existing sewer with no new flow expected
❑ Other (Explain):
FORM: FTA 04-16 Page 2 of 5

VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches) Length (feet) Material
8" 2,375 PVC
➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains}:
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name: Angier Townhomes Private Pump Station
2. Approximate Coordinates (Decimal Degrees): Latitude: 35.9449 Longitude:-78.834,
3. Design flow of the pump station: 0.288 millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): 200 gallons per minute at 37.34 feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches)
Length (feet)
Material
6"
697
DIP
6. Power reliability in accordance with i 5A K AC 02T .0305(h)f 11:
® Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(t)(B):
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility
Or if the pump station has an average daily flow less than 15,000 gallons per day:
❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T
.0305(h)(1)(C)
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C):
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement)
and is compatible with the station.
➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided
in the case of a multiple station power outage.
FORM: FTA 04-16 Page 3 of 5

IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T.0305(f)):
1. Does the project comply with all separations found in 15A NC.AC 02T .030= r; &. (
➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems:
® Yes [—]No
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below vertical
24 inches
Water mains vertical -water over sewer including in benched trenches
18 inches
Water mains horizontal
10 feet
Reclaimed water lines vertical - reclaimed over sewer
18 inches
Reclaimed water lines horizontal - reclaimed over sewer
2 feet
"Any private or public water supply source, including any wells, WS-T waters of Class I or
Class II impounded reservoirs used as a source of drinking water
100 feet
"Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal
high water or tide elevation and wetlands see item IX.2
50 feet
"Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches
10 feet
Any building foundation
5 feet
Any basement
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade vertical
36 inches
➢ 15A NCAC 02T.0305(9} contains alternatives where separations in 02T.0305(f) cannot be achieved.
➢ **Stream classifications can be identified using the Division's N(' Surfacc Water.C'lassafcations wcftagc
D If noncompliance with 02T.0305(i) or (&), see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes [:]No ❑ N.-'A
➢ See the Division's draft separation requirements for situations where separation cannot be meet
➢ No variance is required if the alternative design criteria specified is utilized in design and construction
➢ As built documents should reference the location of areas effected
3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No ❑ N;'A
D This would include Trout Buffered Streams per 15A NCAC 2B.0202
4. Does the project require coverage/authorization under a 404 Nationwide or ❑ Yes ® No
individual permits or 401 Water Quality Certifications?
➢ Information can be obtained from the 401 .&_Ruffcr Kcrrr k ina Branch
5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes ❑ No
Per 15A NCAC 02T 0105 c 6 , directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwatcr management plans, etc.).
6. Does this project include any sewer collection lines that are deemed "high -priority?"
Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
❑ Yes ® No ❑ NIA
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections
documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 Page 4 of 5

X.
CERTMCATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the Mininnim Desip Criteria for the Perri tO t of_Pump. Stations
and Force Mains [latest version), and the Gravity Sewer Minimu Desiea Criteria (latest version) as applicable?
® Yes ❑ No
If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for
review. Approval of the request is required prior to submittal of the Fast Track Application and supporting documents.
2. Profe 'ona E in s Certification:
I _ attest that this application for
(Professional Engineer's name from Application Item III. I)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications,
engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best
of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting
of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE In accordance with General Statutes 143-2i5.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
to $25,000 ioIation.
include a10,000, a Engineer's sseal'penalties signature, P nature, and date Per v...................��.,1,111 � ,,�.,.,�.................
North Carolina Pr
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3. Applicant's Certification per 15A NCAC 02T .0106(b): 1 rKpA-� '�4vkAr- 09 4 L-J- attest that this application for
(Signature Authority's name & title from Application Item 1.3.)
has been reviewed by me 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 documentation and attachments are not included, this
application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -
discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties,
injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition
of this permit be violated. I also understand that if all required parts of this application package are not completed and that if
all required supporting information and attachments are not included, this application package will be returned to me as
incomplete.
NOTE In accordance with General Statutes 143-215.6A and 143-215,6B' any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: Date: z
FORM: FTA 04-16 Page 5 of 5

State of North Carolina
DWR
Division of Water Resources
Department of Environmental Quality
Division of Water Resources
Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
Entity Requesting Allocation: Ashton Raleigh Residential LLC
Project Name for which flow is being requested: Angier Avenue Townhomes
More than one FTSE maybe required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Triangle WWTP
b. WWTP Facility Permit #: NC0026051
AU.Jlrows are in MGD
c. WWTP facility's permitted flow 12
d. Estimated obligated flow not yet tributary to the WWTP 0.25
e. WWTP facility's actual avg. flow 5.11
f. Total flow for this specific request 0.044
g. Total actual and obligated flows to the facility 5.36
h. Percent of permitted flow used 0.37%
II. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A)
Design
Pump
Pump
Average
Station
Station
Finn Daily Flow"
(Name or
Permit
Capacity, ' (Firm 1 pf),
Number)
No.
MGD MGD
(B)
(C)
(D)=(B+C) (F-)=(A-D)
Obligated,
Approx.
Not Yet
Total Current
Current
Tributary
Flow Plus
Avg. Daily
Daily Flow,
Obligated Available
Flow, MGD
MGD
Flow Capacity***
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow
that can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor
(pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is a 0.
Downstream Facility Name (Sewer): Triangle WWTP
Downstream Permit Number: NC0026051
Page 1 of 6
FTSE 10-18

I11. Certification Statement:
I f5toZ�M j [ � &W certify to the best of my knowledge that the addition of
the volume of wastewater to be Oermitted in this project has been evaluated along the route to the receiving
wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been performed in accordance
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and II pleas all attached planning assessment addendums for which I
am the responsible party. Signature of this form certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater.
Signing Official Signature Date
Title of
Page 2 of 6
ME I b-19

B H L R /J,"f
BOHLER ENGINEERING NC, PLLC
NCDEQ - Water Quality
1628 Mail Service Center
Raleigh, NC 27699
NCDEQ Water Quality:
4130 ParkLake Avenue, Suite 130
Raleigh, NC 27612
PHONE [phone]
no AeAt Of Envir04p*iJ� 3a ;6021
SEP 15 2021
Re: Angier Avenue4018hoRmgi°zW office
4115 Angier Avenue
Durham, NC 27703
Durham County
BE # NCR201010
The included package is a submittal for Angier Avenue Townhomes for review and approval. The subject
site is located at 4115 Angier Avenue in Durham, NC. Currently the site is undeveloped woodlands and
the project is 115 Residential Townhomes with accompanied parking, utilities, and stormwater system.
Specifically, the project has 2,375' of 8" PVC gravity sewer & 697' of 6" DIP forcemain sewer line
running across the site and connecting to a proposed manhole. The total calculated wastewater amount
flowing through the system will be 41,400 GPD which includes all proposed buildings and facilities on
site. There is one pump station on site that pumps to a gravity system that flows to a Durham County
Pump Station and eventually discharges to the Triangle WWTP.
Included in this package is the following:
• Fast track Sewer System Extension Application
• Flow Tracking for Sewer Extension Application
• Aerial Map of Site
• USGS Topo Map
• Utility Plans
• Check in the amount of $480.00
• Developer's Operational Agreement
• Corporation Documentation
Should you have any questions regarding this project or require additional information, please do not
hesitate to contact me at [phone].
Sincerely,
Gary Zurawsk P.E.
Bohler Engineering NC PLLC
CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS
• LANDSCAPE ARCHITECTS

Nev• Ra
LEM
4116 Angier Ave
J.
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1.7oogle Earth

wUSGS
science for a changing warfd
U.S. DEPARTMENT OF THE INTERIOR SOUTHEAST DURHAM QUADRANGLE
U.S. GEOLOGICAL SURVEY NORTH CAROLINA
7.5-MINUTE SERIES
1 0.5 0 KILOMETERS 1
1000 500 0 METERS 1000 2000
1 0.5 0 1
MILES
1000 0 1000 2000 3000 4000 5000 600D 7000 8000 9000 10000
FEET
CONTOUR INTERVAL 10 FEET
NORTH AMERICAN VERTICAL DATUM OF 1988
This map was produced to conform with the
National Geospatial Program US Topo Product Standard, 2011.
A matarlata filo a«nrimrari with thk nrnrinrt is draft vPr%inn n A 1R

0 LIMITED LIABILITY COMPANY ANNUAL REPORT ■
1012017
NAME OF LIMITED LIABILITY COMPANY: Ashton Raleigh Residential L.L.C.
SECRETARY OF STATE ID NUMBER: 1136845
REPORT FOR THE CALENDAR YEAR: 2021
SECTION A: REGISTERED AGENT'S INFORMATION
STATE OF FORMATION: NC E - Filed Annual Report
1136845
CA202104803563
2/1712021 02:45
1. NAME OF REGISTERED AGENT: Corporation Service Company
2. SIGNATURE OF THE NEW REGISTERED AGENT:
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
2626 Glenwood Ave Ste 550
2626 Glenwood Ave Ste 550
Raleigh, NC 27608 Wake County Raleigh, NC 27608
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Home Building
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy_ Redaction
4. PRINCIPAL OFFICE STREET ADDRESS
5711 Six Forks Road, Suite 300
5. PRINCIPAL OFFICE MAILING ADDRESS
3820 Mansell Road
Raleigh, NC 27609 Alpharetta, GA 30022
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Ken Balogh
TITLE: Manager
NAME. Cory J Boydston
TITLE: Manager
NAME:
tIII1f1JUN
ADDRESS: 1405 Old Alabama Road ADDRESS: 1405 Old Alabama Road ADDRESS:
Suite 200
Roswell, GA 30076
Suite 200
Roswell, GA 30076
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Cory J Boydston
SIGNATURE
Form must be signed by a Compaiiy Official listed under Section C of This form
2/17/2021
DATE
Cory J Boydston Manager
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MA L 70: Secretary of State, Business Registratir. n Division, Post Office Box 29525, Raleigh, NC 2762"525

DocuSign Envelope ID 07BBrr82F-DFA9-4A91-BFFD-295C745788a0
STATE OF NORTH CAROLINA
COUNTY OF DURHAM
Permit No. WQ0042861
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this_. .. 30 day of
SEPTEMBER , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
ASHTON RALEIGH RESIDENTIAL LLC , a corporati onigen era I partnership registered.: licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in DURHAM County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as ANGIER AVENUE TOWNHOMES _ . _(hereinafter the Development).
The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and.'or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
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, ANGIER AVENUE TOWHNOMES HOA _ (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:
The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions andlaw.
2. The DEVELOPER shall not transfer ownership and.'or control of the Disposal System to the Assoeiation
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws 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.
FORM: DEV 03-19 Page I of

DocuSign Envelope ID: 0768582F-DEA9-4A91-BFFD-295C74578800
4, The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the 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 mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the continued
proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apermit.
9. The agreements set forth in numbered paragraphs I, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
S. Daniel Smith
Director, Division of Water Resources
(Date)
ASHTON RALEIGH RESIDENTIAL LLC
Cnr.t7rr1 nnrn
Nan"' DocuSignenby,
arbvJ rKktr
F9427FAD52F6447
(Signature)
RAYMOND RINKER, VP OF LAND DEVELOPMENT
Print Name and Title
09/30/21
(Date)
FORM: DEV 03-19 Page 2 of 2