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WQ0019579_Owner (Name Change)_20200917
State of North Carolina Department of Environmental Quality DWk Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 This form is for ownership changes or name changes of a sewer system permit. Please note that "Permittee" references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change. Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This form should not be used for permits with NC, NCG, SW or other types of non -sewer permits beginning with WQ. For more information, visit the Division's Water Quality Permitting's wehsite. A. Sewer System Permit Ownership/Name Change (FORM: PNOCF 01-16) Application (All Applications): ❑ Submit an original completed and appropriately executed application (PNOCF 01-16). ❑ The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .01.06 c an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ❑ The Applicant's Certification shall be signed in accordance with I5A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). B. Existing Permit (All Applications): ❑ Submit a copy of the most recently issued permit and certification. C. Property Ownership Documentation (All Applications): The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities: ❑ Legal documentation of ownership (i.e., G I S, deed, article of incorporation, or contract), or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or ❑ Approved board minutes D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility): ❑ Per 15A NCAC 02T .0115(a)( 1), provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non -discharge system. E. Operational Agreements (Applications where the Applicant is a Home/Property Owners` Association or Developer of lots to be sold): ➢ Home/PrORerty Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: 110A ). ❑ Per I 5 A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws that contain the language required by the Operational Agreement. ➢ Developers of lots to be sold ❑ Per I � 0 NCAC 02T .01 15(b), submit an original of the properly executed Operational Agreement (FORM: DE\ F. Package Submitted in Duplicate ❑ Submit a copy of all required documents in Instructions A-E as required THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE TO: NCDEQ - DWR Water Quality Permitting Section PERCS Unit By U.S. Postal Service: By Courier/Special Deliverv: 1617 MAIL SERVICE CENTER 512 N. SALISBURI' s,r. RALEIGH, NORTH CAROLINA 27699-1636 SUITE 925 RALEIGH, NORTII CAROLINA 27604 TELEPHONE NUMBER: (919) 807-6300 INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1 DWY Division of Water Resources I. EXISTING PERMITTEE INFORMATION: State of North Carolina Department of Environmental Quality Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE INSTRUCTIONS FOR FORM: PNOCF 01-16 1. Permittee's name: Quality Built Construction, Inc. 2. Signature authority's name: William Dansev per I SA NCAC 02T .0106(b) 3. Signature authority's title: President, (deceased) 4. Permittee's mailing address: 8 Courtney Square, Apt. 8 City: Greenville State: NC Zip: 27858- 5. Permittee's contact information: Phone number: Fax Number (_) Email Address: II. APPLICANT INFORMATION: 1. Applicant's name: River's Edge 1. LLC 2. Signature authority's name: Nick Saffo per 15A NCAC 021'.0106(b) 3. Signature authority's title: Managing Member 4. Applicant's mailing address: 6901 Spring Garden Drive City: Wilmington State: NC Zip: 28403- 5. Applicant's contact information: Phone number: (2 0) 371-9499 Fax Number (_) Email Address: nick(a-)saffocontractors.com 6. Representative's name: John M. Franck 7. Representative's title: Manager 8. Representative's contact information Phone number: (910) 344-0022 Fax Number (� Email Address: afranck2(a),ec.rr.com lll. PERMIT INFORMATION: 1. Existing permit number: W00019579 and most recent issuance date: May 12, 2003 2. Reason for the permit application: Select If other, attach detailed explanation 3. Has the facility been constructed? ® Yes or ❑ No 4. Has the facility been certified per 15A NCAC 02T .0116? 0 Yes or ❑ No FORM: PNOCF 01-16 Page 1 of IV. CERTIFICATIONS: Existing Permittee's Certification per 15A NC,\C 02T .0106(b): I, attest that this application (Signature Authority's name & title from Application Item 1.2 & 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application are note completed and that if all required supporting information and attachments are not included, this application will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6I3, 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 S25,000 per violation. Signature: Applicant's Certification per 15A NCAC 02T .0106(b): Date: fA ' �1�i�F� / r `�h� h C MVO MVtvL —bey attest that this application (Signature Authority's name & title fia App ' ation Item II.2&3.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non - discharge system to surface waters or the land may result in an 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. 1 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 143-215.613, 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 w 11 as civil pen�es�to$12,000 par violation. Signature: Date: ts12&*?- D FORM: PNOCF 01-16 Page 2 of 2 ( Michael F. Easley, Governor William G. Ross Jr,, Secretary North Carolina Department of Environment and Natural Resources May 12, 2003 William Dansey, President Quality Built Construction, Inc 8 Courtney Square, Apt. 8 Greenville, NC 27858 Alan W. Klimek, P.E., Director Division of Water Quality Subject: Permit No. WQ0019579 Modification Quality Built Construction, Inc. The Marshes at River's Edge Wastewater Collection System Extension Dear Mr. Dansey: New Hanover County In accordance with your application received April 1 i, 2003, we are forwarding herewith Permit No. WQ0019579, dated May 12, 2003, to Quality Built Construction, Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0019579 issued March 13, 2001 under the project name of Barnard's Landing, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered apart of this permit and is therefore incorporated therein by reference. The modification includes a formal change in ownership of the project area, a change of the project name, a change in the development specifics, and re -design of the wastewater collection system. Flow generated by this project (64,200 gpd) has been allocated under the City of Wilmington's wastewater collection 2003, system extension permit to serve this project (WQ0019413) issued April 11, 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 the North Carolina -licensed Professional Engineer named 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. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, NC 28405-3845 DENR Customer Service Center An Equal Opportunity Action Employer Internet http://h2o.enrstate.no.us/ Telephone (910) 395-3900 Fax (910) 350-2004 Telephone 1 800 623-7748 % recycled/10% post -consumer paper Quality Built Construction, Inc. Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Quality Built Construction, Inc. for the construction and operation of approximately 2220 linear feet of 8-inch gravity sewer; a 7—gallon per minute pump station with duplex pumps, on -site audible and visual high water alarms, a portable generator receptacle with telemetry/auto dialer; as well as approximately 1058 linear feet of 2-inch force main to serve 224 condos and 29 three bedroom homes as part of the Marshes at River's Edge project, and the discharge of 0 (zero) gallons per day of collected domestic wastewater into the City of Wilmington's existing sewerage system, pursuant to the application received April 11, 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. The sewage and wastewater collected by this system shall be treated in the City of Wilmington Wastewater Treatment Facility (Permit No. NC0023973) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Quality Built Construction, Inc. and the City of Wilmington for the 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. A stormwater management plan shall be submitted to and approved by the Wilmington Regional Office in accordance with 15A NCAC 2H .1000. 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. If you need additional information concerning this matter, please contact Dean Hunkele at (910) 395-3900. Sincerely, for Alan W. Klimek, P.E. co: New Hanover County Health Department Wilmington Regional Office, Sewer Ext. File (WWTF Permit No. NC0023973) James H. Fentress, Jr., Stroud Engineering, P.A. Water Quality Central Files DWQ Non -Discharge Permitting Unit 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 aY 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.iC. 1 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 mayor 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 existing utilities 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 file by 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 26 .0200 and 15A NCAC 2H .0500, 11. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 395-3900, 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 of 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 actionstaken or proposed to betaken to ensure that the problem does not recur. Permit issued this thel2th Day Of May, 2003 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �: � ,t l 1 r �� �( •� t c ��, „��y for Alan W. Klimek, P.E., Director �' Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019579 [c3 9/17/2020 William E. "Bill" Dansey Jr. Obituary: View William Dansey's Obituary by The News & Observer OBITUARIES I l he NeWS&ObsehVer Obituary & Guest Book Preview for William E. "Bill" Dansey Jr. Email William E. "Bill" Dansey Jr. Obituary (Archived) Published in The News & Observer on Sept. 24, 2013 First 25 of 318 words: William "Bill" Ellsworth Dansey, Jr. Greenville William "Bill" Ellsworth Dansey Jr. passed away on 23rd of September at Vidant Medical Center in Greenville, INC. There... View Full Obituary. & Guest Book for William Dansey Jr. William Dansey Guest Book I View 1 of 1 Entry: "Sympathies to the family." - Gloria Miller View Full Obituary. & Guest Book for William Dansey Jr. Ways to View > Restore Obituary & Guest Book Keep the Obituary and Guest Book online for one of these time periods: • Permanent Sponsorship $ 38.00 • 24-Hour Restoration $ 2.95 Print Obituary & Guest Book Order a professionally printed copy, starting at $39.00: • Deluxe Hardcover Book $ 79.00 • Laminated Hardcover Book $ 59.00 • Laminated Softcover Book $ 39.00 i Didn't find the Obituary you were looking for? Return to today's Obituaries for the The News & Observer. PRIVACY POLICY I TERMS I CONTACT US I FAQ I © 2020 Legacy.com. All rights reserved. The News&Observer Copyright Commenting Policy Report News Privacy Policy Do Not Sell My Personal Information Terms of Use https://www.legacy.com/obituaries/newsobserver/obituary-preview.aspx?n=wiIIiam-e-dansey-bill&pid=167130750&fhid=8067 1 /1 1199NIUMim 01 Aggiolk CONSULTING ENGINEERS 102D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 WWW.STROUDENGINEER.COM LICENSE NO. C-0647 September 10, 2020 NCDEQ Division of Water Resources Water Quality Permitting 1601 Mail Service Center Raleigh, NC 27699-1601 Attn: Dean Hunkele RE: WQ0019579 The Marshes at River's Edge City of Wilmington, New Hanover County, NC Dear Mr. Hunkele, Please find the attached Certification compilation for this permitted installation. Please consider all towards issuance of a Final Approval. Any urgency you can afford in this regard will be greatly appreciated. Thank you in advance for your attention to this matter. Please let me know if you have any questions or concerns. attachments Cc Bernice Johnson j B�Regards Jame H. Ckntress Stroud Engineering!�PA JHF/jf file: w:\master\PW-131gbc\permits\NCDEQ Sewer Cert Cover Letter.doc 107B COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGES STREET GREENVILLE, NORTH CAROLINA 27858 252.756.9352 WILMINGTON, NORTH CAROLINA 28403 910.815.0775 MOREHEAD CITY, NORTH CAROLINA 28557 252.247.7479 cast TraCK neerinq certification PERMIT Nod VVW0019579 The Marshes at River's Edge lay 12, 2003 New Hanover County Cornplete and submit thisg form 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 • oject should be clearly identified on the record drawings or in written summar form. Permit Changes to the pr modifications are re uired for any changes resultin in non -corn li ance with this errn ft 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. Thorofare, It is highly recommended that this certification be sent Ira a manner that provides proof of receipt by the D40 ivision. . �NGir����'s C�RT'lFIGAT��N ❑ Partial � Final IJ�r�es H Fentress Jr. PE - , as a duly registered Professional Engineer in the Stag df North carpiina havin g been authorized to observe.{Z] periodically, weekly, EJ full time} the construction of the project name Wae and p location as referenced above 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 s ' ualit . . � y (Division) Gravity,Sewer Minimum Design criteria adopted February 12, 199+6 as applicable; the Division ll�inimurn n 'rite Desi ' g rla for the Fast -Track Permitting of Pump Stations and Force Mains. adopted June 1, 2000 as applicable; and pp , other supporting materials. I�arth Carolina Professional Engineer's seal, signature, and date: %%% C A R O� o� 4!0 i • �Q`410At�S S / •• '9 �: o q�-: a SEAS- ,P • m 2004 0,CC z -p •. C,:p^ .......... This certification is for Building 15 to complete the construction permitted by this permit. SAND THIS P�RI�I & �UPI�C�1�7'lN� t�C7CtJi�ENTA7'1t�IV V1TITf-I R�C�tJIR�D ATTA�Hi1fI�NTS To TNT FoLi.owING At713��SS W iLM1NGTON REGIONAL OFFICE y 27 �AR�IN�L ��IV� �xTENSIGN VU LIB I NGTU N NC 28405w,3845 The Perrnittee is responsible for tracking ail partial certifications up until a final certification is received. An wastewater flow made tributary to the wastevtirater collection systerr� extension rior to co y Engineer's Certification shall be considered a ' R mpletion of this �olati0n of the permit and shall subject the Perrnittee to appropriate enfarcernent actions. v r1arst es at 01 T 1 -1 a th e J zw ENGINEER: STROUD ENGINEERING, PA DATE: September 10, 2020 OBJECTIVE DESIGN A PUMP STATION TO MEET THE FOLLOWING CRITERIA: • Proposed pump station needs to provide peak discharge for the proposed 16 3 bedroom Condominium building through approximately 1100 If of force main DESIGN FLOW DEVELOPMENT DAILY FLOW 5760 16 3 bedroom units @ 360 gpd/unit per 15A NCAC 02T .0114 5760 GALLONS PER DAY FOR PUMP DESIGN PUMP DESIGN FLOW 4.0 AVERAGE FLOW (GPM) 4.30 PEAKING FACTOR P = SERVICE POPULATION (IN THOUSANDS) NOTE: STATE REQ'D. MINIMUM PF IS 2.5 17.2 GPM REQUIRED PUMP CAPACITY BASED ON PEAK FLOW ' 21.0 GPM REQUIRED PUMP CAPACITY BASED ON 2IN. FORCE MAIN FLUSH VELOCITY (LARGER CONTROLS) FORCE MAIN DIMENSIONS PROPOSED FORCEMAIN DIAMETER (IN.) PROPOSED FORCEMAIN LENGTH (FT.) ADD. LENGTH FOR BENDS ALONG ROUTE (FT.) SUBTOTAL 2 IN. FORCE MAIN LENGTH (FT.) PUMP STATION SYSTEM ELEV. HEAD (DEPTH, FT.) FORCE MAIN SYSTEM CURVE FORCEMAIN FLOW FRICTION HEAD ELEVATION HEAD (GPM) (FEET) (FEET) 0 0.0 11 10 3.0 11 20 10.9 11 25 16.5 11 30 23.1 11 35 30.8 11 40 39.4 11 45 49.0 11 50 59.5 11 PUMP CURVE FLOW HEAD G( PMl FEET 0 103 10 98 20 92 30 80 40 60 43 40 45 20 2.07 2" SCH. 40 1100 55 (ASSUME 5% ADD'L LENGTH FOR BENDS) 1155 11 TOTAL HEAD F( EET) 11 14 22 28 34 42 51 60 71 so W 60 .IU ,3 70 U 1� 20 3C sQ 50 ��0 70 8Li M00[L Ifs fllEU,EA RPl1 � WG2 � Wf. 3�l50 2Qf 2 5 0' 3450 SYSTEM OPERATION POINT Model Size Discharge Impeller RPM Volts Phase 23 GPM 112 TDH Puznp Data Myers WG20 GRINDER 2 HP 2" SYSTEM CURVE - --- •SYSTEM CURVE PUMP CURVE 0 5 10 15 20 25 30 35 40 45 50 FLOW (GPM) PROPOSED FORCE MAIN VELOCITY VELOCITY "V" (fps)=0.409Q/D^2 WHERE D IS FORCE MAIN DIAMETER (in.) Q IS LOWEST FORCE MAIN FLOW (gpm) PROPOSED WETWELL VOLUME DESIGN VOLUME BELOW INVERT DESIGN FLOW DESIGN HOURLY FLOW PUMPS COME ON TWICE PER HOUR PUMPS COME ON EIGHT TIMES PER HR. ACTIVE STORAGE VOLUME WETWELL DIA. VOLUME PER VF USE V= 5 FT. 19.6 CU.FT, 146.9 GAL.NF 5760 GPD 240 GPH 120 GAL. 30 GAL. WHERE 54.3 GAL. 0.37 FT. PER ACTIVE STORAGE VOL. CALC. 1.0 FT. FOR PUMP SUBMERGENCE 2.07 42 ANTICIPATED 4.01 OK 0.8 FT. TO LEAD PUMP ON (PUMPS RUN TWICE PER HOUR) 0.5 FT. EA. FOR LAG PUMP ON AND THEN ALARM 7.5 INV. IN DEPTH 414 GAL. SURCHARGE VOLUME 10.32 REQUIRED WETWELL DEPTH WETWELL REQUIRED ANTI -FLOATATION BALLAST CALCULATION WETWELL HEIGHT WETWELL DIAMETER BASE DIAMETER (8 IN. THICK) GROUNDWATER DISPLACED BY WETWELL REQUIRED BALLAST WETWELL STRUCTURE CONCRETE VOLUME (cu.ft.) BALLAST PROVIDED INCLUDING 1' PUMP SUBMERGENCE FACTOR OF SAFETY 2.9 MIN. 0.7 MIN. PUMP RUN PUMP RUN V =VOLUME T =ALLOWABLE CYCLE TIM Qddf = DESIGN DAILY FLOW (GI USE 10.5' DEPTH 11.50 ft. 6.00 ft. 7.00 fI. 351 cu.ft. 21ss9 The 154.4 cu.yd. 23158 The 1.1 with tank otherwise empty L' ��o�eEGa 0 0 A,--,*, 0 0 Cl 0 0 0 CE05REG CA90- -cuohR L� O901£lMd 'ON 133rOdd ca a 0 C 0 0 0 0 0 E05RE aA9a;oouohK O901£lMd 'ON 133rOdd L� STATE OF NORTH CAROLINA( / " COUNTY OF NEW HANOVER Permit No, W00019579 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this _ .. I, day of I Ck _2003 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and _QUALITY BUILT CONSTRUCTION, INC. 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 NEW HANOVER County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as THE MARSHES AT RIVER'S EDGE (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 MARSHES AT RIVER'S EDGE u(lA (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 COMiVIISSION 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. The DEVELOPER shall not •msfer, convey, assign or otherwise reli• Aish or release its responsibility, for the operation and maintenan:'., of its Disposal System until a permit hay peen reissued to the DEVELOPER's successor. 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 ofthe 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 ut 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 Print Name and Title Book 6015 Page 1888 BK: RB 6015 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII PG: 1888-1893 RECORDED: 2016036312 NC FEE $26.00 11-04-2016 NEW HANOVER COUNTY, NC STATE OF NC 04:56:58 PM TAMMY THEUSCH BEASLEY REAL ESTATE BY: CAROLYN JOHNSON REGISTER OF DEEDS EXTX $998.00 DEPUTY This Instrument was prepared by Daniel D. Mahn, Attorney at Law, without title certification Parcel ID: R07010-001-005-000 Excise Tax: $998.00 STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF NEW HANOVER Brief Description for the Index: 28.73 acres, Independence Blvd THIS DEED, made and entered into this 26th of October, 2016, by and between WEDCO I INC., a North Carolina corporation, 514 Daniels St., Box 334, Raleigh, NC 27605, hereinafter referred to as the "Grantor") and RIVER'S EDGE I, LLC, a North Carolina limited liability company (hereinafter referred to as the "Grantee") having a mailing address of 1224 Pembroke Jones Dr. Wilmington, NC 28405 WITNESSETH• THAT, Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantee in fee simple all of that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as follows: BEING ALL OF THAT PROPERTY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The property herein described was acquired by Grantor by instrument recorded in Book 5921, at Page 1123, New Hanover County Registry. Book 6015 Page 1889 A map showing the above described property is recorded in Map Book Page , New Hanover County Registry. All or a portion of the property herein conveyed includes X does not include the primary residence of the Grantor. This conveyance is together with and subject to any and all non-exclusive rights and easements appurtenant to this property as may be enumerated in the Declaration of Condominium of The Marshes at Rivers Edge as recorded in Book 4293, Page 862 of the New Hanover County Register of Deeds Office, as the same may have been amended from time to time. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee and his heirs, successors and assigns in fee simple forever. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever other than the following exceptions: Restrictions, zoning and land use ordinances, easements and rights of way of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing instrument as of the day and year first above written. NEDCO I INC. By: (SEAL) William E. ey, II, President STATE OF NORTH ' CAROLINA COUNTY OF OL �/t I, To n W &_cKW k+1 , a Notary Public of the County and State aforesaid, certify that William E. Dansey, III personally appeared before me this day and acknowledged that he is the President of WEDCO I INC., a North Carolina corporation, and that by authority duly given and as the act of the entity, he signed the foregoing instrument in its name on its,e� as its act and deed. Witness my hand and official stamp�e'�•a,oAv day of October, 2016. My Commis ionf Expires. m w 03 D%/ O� 1 s ���0,l0 •,`� go tar Public 1 Book 6015 Page 1890 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS°� r •••�SSr ���l� `« 102-D CINEMA DRIVE WILMINGTON, NORTH CAfSRIPTION FOR a� S (910) 815.0775 WEDCO I, INC. �� L-3370 -L THE MARSHES ;SO 0r? FUTURE DEVELOPMENT %�'���qs�� 28.73 ACRES �B'��t�t►nr+ Commencing at the intersection of the southerly right-of-way line of Longmeadow Drive as shown on a map recorded in Map Book 46 at Page 5 in the New Hanover County Registry and the westerly line of The Marshes, Building 7, Phase Five as shown on a map recorded in Condo Book 15 at Page 103 in the New Hanover County Registry. Said point being the POINT OF BEGINNING; Thence, from said point of beginning with said westerly line of The Marshes, Building 7, Phase Five, South 39 degrees 43 minutes 55 seconds East a distance of 165.83feet to a point in a northerly line of The Marshes, Building 11, Phase Ten as shown on a map recorded in Condo Boole 16 at Page 288 in the New Hanover County Registry. Thence, with the lines of said The Marshes, Building 11, Phase Ten, South 54 degrees 47 minutes 04 seconds West a distance of 55.76 feet to a point. Thence South 80 degrees 48 minutes 22 seconds West a distance of 131.76 feet to a point. Thence North 79 degrees 37 minutes 32 seconds West a distance of 30.36 feet to a point. Thence South 19 degrees 54 minutes 00 seconds West a distance of 197.19 feet to a point. Thence South 77 degrees 34 minutes 51 seconds East a distance of 149.38 feet to a point. Thence North 50 degrees 15 minutes 47 seconds East a distance of 174.92 feet to a point. Thence North 31 degrees 43 minutes 16 seconds East a distance of 88.43 feet to a point. Thence North 44 degrees 37 minutes 13 seconds East a distance of 8.31 feet to a point at northwesterly corner of The Marshes, Building 6, Phase 6 as shown on a map recorded in Condo Book 15 at Page 106 in the New Hanover County Registry. Thence, with the lines of said The Marshes, Building 6, Phase 6 , South 39 degrees 43 minutes 55 seconds East a distance of 319.69 feet to a point. Thence North 66 degrees 20 minutes 34 seconds East a distance of 130.71 feet to a point in a westerly line The Marshes, Building 5, Phase_ Three (Revised) as shown on a map recorded in Condo Boole 15 at Page 97 in the New Hanover County Registry. Thence with the westerly line of said The Marshes, Building 5, Phase Three (Revised) South 8 degrees 46 minutes 37 seconds East a distance of 390.16 feet to a point. Thence South 34 degrees 19 minutes 21 seconds West a distance of 4.14 feet to a point on the bank of Barnards Creek. Thence down and along said bank of Barnards Creek, North 82 degrees 55 minutes 07 seconds West a distance of 89.43 feet to a point. South 62 degrees 49 minutes 15 seconds West a distance of 77,56 feet to a point. South 21 degrees 12 minutes 58 seconds West a distance of 96.44 feet to a point. South 9 degrees 36 minutes 21 seconds West a distance of 70.00 feet to a point. South 32 degrees 02 minutes 51 seconds West a distance of 35.94 feet to a point. North 82 degrees 23 minutes 04 seconds West a distance of 20.78 feet to a point. North 37 degrees 39 minutes 58 seconds West a distance of 128.33 feet to a point. 107 COMMERCE ST. HESTRON PLAZA TWO 151-A HWY. 24 SUITE B GREENVILLE, NO 27858 102-D CINEMA DRIVE WILMINGTON, NO 28403 MOREHEAD CITY, NO 28557 (252) 756.9352 (910) 815-0775 (252) 247-7479 Book 6015 Page 1891 North 54 degrees 16 minutes 34 seconds West a distance of 51.75 feet to a point. South 88 degrees 28 minutes 03 seconds West a distance of 40.98 feet to a point. South 59 degrees 42 minutes 18 seconds West a distance of 75.71 feet to a point. South 35 degrees 39 minutes 21 seconds West a distance of 77.46 feet to a point. South 13 degrees 35 minutes 09 seconds West a distance of 144.75 feet to a point. South 27 degrees 08 minutes 20 seconds East a distance of 107.31 feet to a point. South 17 degrees 04 minutes 15 seconds East a distance of 88.12 feet to a point. South 5 degrees 36 minutes 11 seconds West a distance of 40.55 feet to a point. South 55 degrees 37 minutes 45 seconds West a distance of 118.49 feet to a point. North 63 degrees 51 minutes 49 seconds West a distance of 60.62 feet to a point. North 36 degrees 55 minutes 38 seconds West a distance of 152.61 feet to apoint. North 51 degrees 01 minutes 41 seconds West a distance of 104.16 feet to a point. North 69 degrees 14 minutes 04 seconds West a distance of 96.14 feet to a point. South 81 degrees 19 minutes 42 seconds West a distance of 107.77 feet to a point. South 68 degrees 29 minutes 59 seconds West a distance of 130.26 feet to a point. North 68 degrees 29 minutes 41 seconds West a distance of 5 8.8 8 feet to a point. North-34 degrees 03 minutes 26 seconds West a distance of 60.29 feet to a point. North 53 degrees 16 minutes 11 seconds West a distance of 60.10 feet to a point in the easterly right-of-way line of River Road (60 foot wide public right-of-way). Said point being on a curve to the left. Thence along and with said the arc of said curve the following chords: North 19 degrees 40 minutes 47 seconds East a distance of 167.20 feet to a point. North 10 degrees 08 minutes 56 seconds East a distance of 100.00 feet to a point. North 2 degrees 30 minutes 03 seconds West a distance of 100.00 feet to a point. North 13 degrees 46 minutes 03 seconds West a distance of 100.00 feet to a point. North 21 degrees 23 minutes 03 seconds West a distance of 100.00 feet to a point. North 25 degrees 01 minutes 03 seconds West a distance of 100.00 feet to a point. Thence North 26 degrees 55 minutes 03 seconds West a distance of 271.05 feet to a point. Thence North 0 degrees 36 minutes 58 seconds East a distance of 4.91 feet to a point in the southerly right-of-way line of Independence Boulevard (100 foot wide public right-of-way). Thence, with said southerly right-of-way line of Independence Boulevard North 36 degrees 46 minutes 37 seconds East a distance of 697.04 feet to a point to a point in the westerly line of The Marshes, Building 9, Phase Nine as shown on a map recorded in Condo Book 16 at Page 121 in the New Hanover County Registry. Thence with said westerly line of The Marshes, Building 9, Phase Nine South 53 degrees 27 minutes 23 seconds East a distance of 237.24 feet to a point in a westerly line The Marshes, Building 8, Phase Eight as shown on a map recorded in Condo Book 15 at Page 351 in the New Hanover County Registry. Thence with the lines of said The Marshes, Building 8, Phase Eight, South 5 degrees 18 minutes 03 seconds West a distance of 138.67 feet to a point. Thence South 79 degrees 37 minutes 32 seconds East a distance of 157.11 feet to a point in the westerly right-of-way line of aforesaid Longmeadow Drive. Said point being a point on a curve to the left, having a radius of 50.00 feet. Thence along the arc of said curve to a point that bears South 50 degrees 24 minutes 01 seconds East for a chord distance of 93.20 feet from the preceding point. Thence North 60 degrees 51 minutes 10 seconds East a distance of 51.59 feet to the POINT OF BEGINNING. The above described parcel contains 28.73 acres (1251587 sq. ft.) and is that property described in Deed Boole 5921 at Page 1123 in the New Hanover County Registry. N Ot 00 r-I 01 a LO 0 w 19 0 0 PO Name L1 L2 L3 L6 L7 L8 L9 L10 L I I L12 L13 L14 L16 L17 L18 L19 L20 L21 L23 L25 L26 L27 L28 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 I Rive •sgg DGE YR p.�Pn 11nR Line Table Direction Length N 60151,10: E 51.59 S 39,4355E 165.83 S 54147 04 W 55.76 S 80148'22- W 131.76 N T9.3732' W 30.36 S 19.54'00' W 197.19 S 17.34'51' E 149.38 N 50.15'47' E 174.92 N 31143'16' E 88.43 N 4413T'13" E 8.31 N 66120'34' E 130.71 S 34.19'21' W 4.14 N 82.55'07' W 89.43 S 62149'15' W 77.56 S 21.12'58' W 96.44 S 9136'21' W 70.00 S 32.02'51' W 35.94 N 82123'04" W 20.78 N 37'39'58' W 128.33 N 54.16'34' W 51.T5 S 88.28'03' W 40.98 S 59142'18' W 75.71 S 35139'21' W 77.46 S 13.35'09' W 144.75 S 27'08'20' E 107.31 S 17.04'15" E 88.12 S 5136'11' W 40.55 S 55.37'45' W 118.49 N 63151'49' W 60.62 N 36.55'3B' W 152.61 N 51101'41' W 1D4.16 N 69114'04' W 96.14 S 81°19'42- W 107.77 S 68129'59' W 130.26 N 68.29'41" W 58.88 N 34.03'26' W 60.29 N 53'16'11' W 60.10 N 19140'47' E 167.20 N 10'08'56" E 100.00 N 2.30'03' W 100.00 N 13.46'03' W 100.00 N 21.23'03' W 100.00 N 25'01'03' W 100.00 N 0.36'58' E 4.91 S 5'18'03- W 138.67 S 7913732' E 157.11 EXHIBIT SKETCH DEED/MAP REFERENCE MAP BOOK 35 PAGE 371 DEED BOOK 5921 PAGE 1123 VICINITY MAP DESIGNED:GAG DRAWN:GAG 5 APPROVED: GAG S STROUD ENGINEERING. P.A. DATE: 9I29i16 THE MARSHES FUTURE DEV. 102-0 CINEMA DRIVE C-0647 SCALE:1'■ 200' WILMINGTON. NDRTH CAROLINA 28403 ■ILUIR07ON TOWNSHIP NEW HANOVER COUNTY NORTH CAROL IRA I910I 815-0TTS :9101 815-D593 FAX SHEET 1 OF 1 THIS MAP IS NOT A CERTIFIED SURVEY AND HAS .NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCEY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. Curve Table Arc Chord Tangent Chord Name Delta Radius Length Length Length Direction ------------ ------------------ ------------------ ---------------- Cl 137'29'37" 50.OD 119.99 93.20 128.55 S 50.24'01" E 200 100 0 200 400 "I siiiiiiii GRAPHIC SCALE: 1`- 200' OWNER: WEDCO I. INC. ADDRESS:514 DANIELS STREET PHONE: RALEIGH. NC 2760 Book 6015 Page 1893 TAMMY THEUSCH New Hanover County BEASLEY J Register of Deeds r Register of Deeds' 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7751 U **•k,t,t*,t,t,t,t*,t,k*,t,t*,t,k**,t,t*,t,t*,t,t,t,t,t*,t*,tir*,tir,t�ir*t,t******ir,t,t**,t�,t+it*,t•k**,t***,t**�*#**�*****,t ,t****#,t*,t*,t***,t*,r***** State of North Carolina, County of NEW HANOVER Filed For Registration: 11/04/2016 04:56:58 PM Book: RB 6015 Page: 1888-1893 6 PGS $11024.00 Real Property $26.00 Excise Tax $998.00 Recorder: CAROLYN JOHNSON Document No: 2016036312 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. STATE OF NORTH CAROLINA COUNTY OF New Hanover Permit No. WQ0019579 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 15th day of September 2020 by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and River's Edge I, 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 New Hanover County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as The Marshes (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 Marshes at River's Edge Condominium Owner'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 andrepair. 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 andlaw. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the 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 andDeclaration. 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 1 of 2 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 Associ*ion 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 fluids allocated for the facility and shall be part of the yearlybudget. 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 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION S. Daniel Smith Director, Division of Water Resources (Date) River's Edge I, LLC NameofDEVELOPER (Si ature) Nick Saffo, Managing Member Print Name and Title 09/15/2020 (Date) FORM: DEV 03-19 Page 2 of 2