WQ0043127_Application (FTSE)_20221210

State of North Carolina
Department of Environmental Quality
Division of Water Resources
D, R
,W,
0 FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 06-21 & SUPPORTING DOCUMENTATION
Application Number: _.._ .._.._ (to be completed by Dwtt)
All items must be completed or the aoolication will be -returned
I. APPLICANT INFORMATION:
1. Applicant's name: Johnston County (company, municipality, HOA, utilit)0*1tc1Jept ofBa of i
2. Applicant type: ❑ Individual El Corporation ❑ General Partnership P5%?eV$-&hublic Utility
❑ Federal ❑ State -County ® Municipal DEC
3. Signature authority's name: Chandra C. Farmer, PE per 15A NCAC 02T .0100 b�
Title: Director of Public Utilities Raleigh Regio
tr
4. Applicant's mailing address: 309 East Market Street OC@
City: Smithfield State: NC Zip: 27577-
5. Applicant's contact information:
Phone number: 9(_1 ) 209-8333 Email Address: chandra.farmer(a�)johnstonnc.com
II. PROJECT INFORMATION:
1. Project name: Eason Creek Subdivision
2. Application/Project status: Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number: WQ00 and issued date: ,
For modifications, also attach a detailed narrative description as described in Item G of the checklist.
If new construction, but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: Lo nwton
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.59794 Longitude:-78.35678"
5. Parcel ID (if applicable): 17KO7005B (or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Carlos S. Bagley E License Number: 41318
Firm: C-4768
Mailing address: 63 Watkins Road
City: Cl ton State: NC Zip: 27520-
Phone number: [phone] Email Address: carlosnfreedomfirmpc.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: Central Johnston County Regional WWTF Permit Number: NPSE NCO030716
Owner Name: Johnston County
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Number(s): WQ0040925mod
2. Downstream (Receiving) Sewer Information: 8 inch ® Gravity ❑ Force Main
3. System Wide Collection System Permit Number(s) (if applicable): WQCS00060
Owner Name(s): Johnston County
FORM: FTA 06-21 Page 1 of 5

VI.. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑ No ® NiA
2. If the Applicant is a Developer of lots to be sold, has a Deuelqep rs Operational Agreement (FORM: DEV) been attached?
® Yes ❑ No ❑ N/A
3. If the Applicant is a Home/Property Owners' Association, has an HOAiP06 QrMtional Agreement (FORM: HOA) and
supplementary documentation as required by 15A NCAC 02T.0I 15(c) been attached?
[]Yes ® No ❑ NA
4. Origin of wastewater: (check all that apply):
® Residential (Individually 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 % Industrial See 15A NCAC 02T ,010 3(20))
If Industrial, is there a Pretreatment Program in effect? ❑ Yes [I No
6. Has a flow reduction been approved under 15A NCAC 02T .0I 14(f)? ® Yes ❑ No
➢ If yes, provide a copy of flow reduction approval letter with this application
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow I.b
No. of Units
Flow
Residential (4 bedroom)
320 gal/day
27
8,640 GPD
gal/
GPD
gall
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
8,640 GPD
a See 15A NCAC 02T AI 14(K (d), (IX I) and (e)(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 east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined
in G.S. 42A-4).
b Per 15A NCAC 02T .01 14(c), design flow rates for establishments not identified (in table 15A N! AC 42T.01 14j shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 8.640 GPD (per 15A NCAC 02T .01 14)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, please indicate why:
❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other (Explain):
FORM: FTA 06-21 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, l37
SDR35
➢ Section Il & 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 requirements is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC [Puma Stations/Force Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: -
3. Total number of pumps at the pump station:
3. Design flow of the pump station: millions gallons per day (firm capacity)
D This should reflect the total GPM for the pump station with the largest pump out of service.
4. Operational point(s) per pump(s): gallons per minute (GPM) at feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) Material
If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per
MDCPSFM Section 2.01C.I.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify)
6. Power reliability in accordance with 15 Jk NCAC 02T .0305(hX I ):
❑ Standby power source or ❑ Standby pump
➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(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 and may not be portable
Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C):
❑ Portable power source with manual activation, quick -connection receptacle and telemetry -
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry:
➢ Include documentation that the portable source is owned or contracted by the applicant 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
as part of this permit application in the case of a multiple station power outage.
FORM: FTA 06-21 Page 3 of 5

1X. SETBACKS & SEPARATIONS -- (02B .0200 & 15A NCAC 02T .0305(f)):
1. Does the project comply with all separations/alternatives found in 15A NCAC 02T .030SW & W? ❑ Yes ❑ No
15A NCAC 02T.0305 contains minimum separations that shall be Rrovided for sewers stems:
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
18 inches
2Water mains (vertical - water over sewer preferred, including in benched trenches)
18 inches
2Water 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-1 waters of Class I or
Class II impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
**Waters classified WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands associated with these waters (see item IX.2)
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches, as well as wetlands associated with these waters or classified as WL.
10 feet
Any building foundation (horizontal)
5 feet
Any basement (horizontal)
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
➢ If noncompliance with 02T.0305ffiffW1 see Section X.1 of this application
* I SA NCAC 02T.03-05W contains alternatives where separations in 02T.0305ii) cannot be achieved. Please check "yes"
above if these alternatives are used and provide narrative information to explain.
"Stream classifications can be identified using the Division's NC Surface Water Classifications webpace
2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ N!A
➢ If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document,
signed/sealed by an NC licensed PE, verifying the criteria outlined in that Rule.
Does the project comply with separation requirements for wetlands? ® Yes ❑ No ❑ N/A
➢ Please provide supplementary information identifying the areas of non-conformance.
➢ See the Division's draft separation requirements for situations where separation cannot be met.
➢ No variance is required if the alternative design criteria specified is utilized in design and construction.
4. Is the project located in a river basin subject to any State buffer rules? ® Yes Basin name: Neuse ❑ No
If yes, does the project comply with setbacks found in the river basin rules per i 5A NCAC 02B .0200? ® Yes ❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 2B.0202
5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ® Yes ❑ No
or 401 Water Quality Certifications?
➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required.
6. Does project comply with I.SA NCAC UT.0105(c)(6) (additional permits/certifications)? ® Yes ❑ No
Per 1 IA NCAC 02T.0105(c)(0, directly related environmental permits or certification applications must be being prepared,
have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent perm its (erosion
and sedimentation control plans, stormwater management plans, etc.).
7. Does this project include any sewer collection lines that are deemed "high -priority?" [:]Yes ® No
Per 15A NgC.AC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters,
siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interference/conflict boxes require a variance approval.
➢ 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 permittee's individual System -Wide Collection permit.
FORM: FTA 06-21 Page 4 of 5

3 ► i CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the MinLmum DcsiRn Criteria..for the Permitting of Pump Stwio_7s
ano Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (6te,q version) as applicable?
® Yes ❑ No
If no, for projects requiring a single variance, complete and submit the Variance;'Alternative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued
concurrently with the approval of the permit, and projects requiring a variance approval may be subiect to longer
review times. For proiects reguirina two or more variances or where the variance is determined by the Division to be a
significant portion of the proiectjhe full technical review is required.
2. Professional Engineer's Certification:
1, Carlos S. Bagley , attest that this application for Eason Creek Subdivision
(Professional engineer's name from Application Item III, l_) (Project Name from Application Item II.1)
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,
Minimum Design (: ritcri€s for (�ra+eity Stwers (latest version ,and the Minimum Dgjign Criteria For the Fast -Track PetTnittinst
Of P41912 Station nti E i)T& MAitts (latest.KerjLon J. 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 143-215.6A 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. Misrepresentation of the application
information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject
the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701)
............ ........... ....... __._..... ........................................
North Carolina Professional Engineer's seal, signature, and date:``````.kNttClr"'���,,,'''''
ZZIS,
3. Applicant's Certification per 15A NCAC 02T .0106(b):
I, Chandra C. Farmer, PE , attest that this application for Eason Creek Subdivision
(Signature Authority Name from Application Item I.3.) (Project Name from Application Item 11.1)
attest that this application 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 143-215.6% 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: ODate: 11LL
FORM: FTA 06-21 Page 5 of 5

State of North Carolina
Department of Environmental Quality
Division of Water Resources
Water Flow Tracking for Sewer Extension ,Ap �ons
Division of Water Resources g
r4C Dcpt ofEnvironm l 18)
Entity Requesting Allocation: Johnston County DEC 10 2M
Project Name for which flow is being requested: Eason Creek
let egtona rice
More than one FTSE maybe required far a single project if the owner of the W is not responsible for all pu►np
stations along the route of the proposed wastewater flow.
1. Complete this section only if you are the owner of the wastewater treatment plant
a. WWTP Facility Name: Central Johnston County WWTP
b. WWTP Facility Permit #: NC0030716
All flows are in MGD
c. WWTP facility's permitted flow 9.5
d. Estimated obligated flow not yet tributary to the WWTP 2.1703
e. WWTP facility's actual avg. flow 7.091
f Total flow for this specific request 0,00864
g. Total actual and obligated flows to the facility 9.2608
h. Percent of permitted flow used 74.6 actual, 97.5 wlpaper
H. 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)
(B)
(C)
(D)=(B{C)
(E) (A-D)
Design
Obligated,
Pump
Pump
Average
Approx.
Not Yet
Total Current
Station
Station
Firm
Daily Flow**
Current
Tributary
Flow Plus
(Name or
Permit
Capacity, *
(Firm I pt),
Avg. Daily
Daily Flow,
Obligated
Available
Number)
No.
MGD
MGD
Flow, MGD
MGD
Flow
Capacity***
Mill
40925Mod
0.1152
0.0461
0.0004
0.0271
0.0271
0.0185
W11son's
5898
0.72
0.288
0.1489
0.1632
0.3121
(0.0241)
* 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 < 0.
Downstream Facility Name (Sewer): Mill Creek
Downstream Permit Number: WQ0040925mod
Page 1 of 6
FTSE 10-18

III. Certification Statement:
I Chandra C. Farmer, PE _ certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted 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 plont.,under n -mal 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 plus 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
1'�)iYtA r A l.kULe
Title of Signing Official
Page 2 of 6
FTSE 10-18

.PF
PLANNING ASSESSMENT ADDENDUM (PAA)
Submit a planning assessment addendum for each pump station listed in Section 11 where Available Capacity is Y::
0.
Pump Station (Name or Number):
Given that:
a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for
57% % and 0.1632 MGD of the Available Capacity (E) in Pump Station
Wilson's Mills ; and that
b. The rate of activation of this obligated, not yet tributary capacity is currently approximately
0.03 M G D per year; and that
c. A funded Capital Project that will provide the required planned capacity, namely
Wilson's Mills WWPS Upgrade is in design or under construction with
planned completion in Fall 2022 ; and/or
d. The following applies:
kK I - - EWV euur
i`iitQuality
RaNgh Rcgiona) pfy,
Therefore:
Given reasonably expected conditions and planning information, there is sufficient justification to allow
this flow to be permitted, without a significant likelihood of over -allocating capacity in the system
infrastructure.
I understand that this does not relieve the collection system owner from complying with G.S. 143-
215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal
system.
Signing Official Signature
Page 3 of 6
IiTSE 10-18

_oI OF wArF94.
Michael F. Easley, Governor
Vj y WMam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-f
t Alan W. Klimek, P.E , Director
Division of Water Quality
NC DOpt Of Fnvironmcntal Q=11tyl
May 18, 2005 DEC 10 2M
Timothy Broome, PE, Director of Infrastructure and Engineering
Johnston County Public Utilities �a1tZi Regional OICs
PO Box 2263 S
Smithfield, NC 27577
Subject: Johnston County
Residential Flow Reduction Approval
Johnston County
Dear Mr. Broome:
On February 22, 2005, the Division of Water Quality received a flow reduction request for.
residences in Johnston County. The letter requests an allowable flow rate of 80 GPD per residential
bedroom based on the evaluated data for three similar existing subdivisions.
The water use data provided between November 2003 and October 2004 with daily readings
taken during November 2004 was analyzed by central office and regional office staff with additional
information requested. Based upon this data and the County response to our additional information
requests, the Division hereby approves the use of 80 GPD per residential bedroom, with a minimum
of 160 gpd for one and two bedroom units in all applicable non -discharge permit applications.
Flow shall be incremented by 801gpd for each bedroom above two. Regardless of the adjusted
design daily wastewater flow rate at no time shall the wastewater flows exceed the effluent limits
defined in the NPDES permit for the treatment facility or exceed the cavacity of the sewers
downstream of any new sewer extension or service connection(s)A permit modification and fee is
required to apply this flow reduction to any existing permits where flows have been allocated.
If you have any questions or comments regarding this matter, please contact Matte Doklovic
at [phone] ext. 371.
Sincerely,
Alan W. Klimek, P.B.
0.1
cc: Ken Schuster, Raleigh Regional Office
Barry Herzberg, Raleigh Regional Office
Mark McIntire, NPDES East Program
Kimberly Rineer, PE, Johnston County Public Utilities
PERCS Flow Reduction File
One Pretreatment Emergency Response and Collection Systems Unit Internet hltp.,/lh2o.enr.ncstaW.us/ridpu
N,�O,�j thMdCarolina 1617 Mail Service Center, Raleigh, NC 27699-1617 An Equal Opportunity Action Employer
XWally Telephone [phone] Fax [phone]% recyded/10016 post-oonsumer paper

STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON Permit No.
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) 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
POGO Development, LLC. , a corporation/general partnership registered/]icensed 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 Johnston County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Eason Creek Subdivision (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, (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions 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- DFV OI-19 Page 1 of2

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 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) _
_POGO Development, LLC. _
Name of DEVELOPER
By: r%LaAAd, 46.
(Signature)
Charles B. Gordon - Member
Print Name and Title
(Date)
FORM, DF,V f13-14 Pa Pe 7. of

LETTER OF TRANSMITTAL
To:
From: Carlos S. Bagley, P.E.
[e-mail]
Company: Raleigh Regional Office
Date: Thursday, December 9, 2021
Water Quality Section
Address:
RE: Eason Creek Subdivision
3800 Barrett Drive
Ralei h North Carolina 27609
URGENT1:1 Reply ASAP 1:1Please Comment ■ Please Review 1:1 For Your Information
COPIES
DATE
NO.
DESCRIPTION
2
Form FTA 06-21
1
Check $480
2
USGS Ma
2
FTSE 04-16
2
O erations Agreement
Nf' "em of firiv
DEC 2M
Rai '
Comments:
63 Watkins Road ■ Clayton, NC 27520 a Office: [phone] ■ [e-mail]