WQ0024756_Final Permit_20220215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
FRED M. BUNN — MANAGER
FMB AT THE GROVE, LLC
2331 NASH STREET NW — SuITE D
WILSON, NORTH CAROLINA 27896
Dear Mr. Bunn:
NORTH CAROLINA
Environmental Quality
February 15, 2022
Subject: Permit No. WQ0024756
The Grove WWTP
High -Rate Infiltration System
Carteret County
In accordance with your permit minor modification request received June 7, 2021, and
subsequent additional information received November 30, 2021, we are forwarding herewith Permit No.
WQ0024756 dated February 15, 2022, to FMB at the Grove, LLC for the continued operation of the
subject wastewater treatment and high -rate infiltration facilities.
The following modifications to the subject permit are as follows: Inclusion of a vertical setback
waiver to places of assembly under ownership of the Permittee.
This permit shall be effective from the date of issuance through June 30, 2025, shall void Permit
No. WQ0024756 issued October 28, 2019, and shall be subject to the conditions and limitations therein.
The Permittee shall submit a renewal application no later than January 1, 2025.
Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
The Division has removed the following permit condition since the last permit issuance
dated October 28, 2019:
➢ Old Condition I.1 —This has been completed.
If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding.
D � North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NOR�HCAROLINA
'.'roMMm 0­; /I 919,707,9000

Mr. Fred M. Bunn
February 15, 2022
Page 2 of 2
If you need additional information concerning this permit, please contact Erick Saunders at (919)
707-3659 or erickson.saunderskncdenr.gov.
Sincerely,
S. Daniel Smith, Director
Division of Water Resources
cc: Carteret County Health Department (Electronic Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Ronald D. Cullipher, PE — The Cullipher Group, P.A. (Electronic Copy)
Protection and Enforcement Branch (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
HIGH -RATE INFILTRATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
FMB at the Grove, LLC
Carteret County
FOR THE
continued operation of a 120,000 gallon per day (GPD) wastewater treatment and high -rate infiltration
facility consisting o£
a manually -cleaned bar screen; a 36,346 gallon flow equalization basin with dual 125 gallon per minute
(GPM) pumps and a 7.5 horsepower (hp) aerator; a flow splitter box; two 58,643 gallon aeration tanks
with dual 140 GPM pumps and three 15 hp aerators; two 13,100 gallon clarifiers each with dual 27 GPM
waste sludge pumps and a I I I GPM return sludge pump; a 29,930 gallon sludge holding basin with a 10
GPM pump and three 15 hp aerators; a tertiary sand filter with a 3 hp air scour blower; a 3,360 clearwell
with dual 336 GPM pumps; a 5,446 mudwell with dual 50 GPM pumps; ultraviolet (UV) disinfection; a
11,440 gallon irrigation pump tank with a 152 GPM pump and audible/visual high-water alarms; a
permanent auxiliary power source with an automatic transfer switch capable of powering all essential
units; a 0.56 acre (24,258 fC) drip line dosed high -rate infiltration area overlaid with a landscape cloth
cover; and all associated piping, valves, controls, and appurtenances
to serve The Grove WWTP, with no discharge of wastes to surface waters, pursuant to the application
received June 7, 2021, subsequent additional information received November 30, 2021, and in conformity
with the Division -approved plans and specifications considered a part of this permit.
This permit shall be effective from the date of issuance through June 30, 2025, shall void Permit No.
WQ0024756 issued October 28, 2019, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall request renewal of this permit on Division -approved forms no later than January
1, 2025. [15A NCAC 02T .0105(b), 02T .0109]
WQ0024756 Version 3.1 Shell Version 200201 Page 1 of 9

IL PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge
to surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the infiltration areas to assimilate the effluent, the Permittee
shall take immediate corrective actions, including Division required actions, such as the construction
of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T
.0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1)(A)]
5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0705(m)]
6. The attached Operational Agreement shall be a condition of this permit. Noncompliance with the
terms of the Operational Agreement shall subject the Permittee to all sanctions under G.S. 143-
215.6A, G.S. 143-215.613, and G.S. 143-215.6C for violation of or failure to act in accordance with
the terms and conditions of this permit. [15A NCAC 02T .0115]
7. High -rate infiltration sites permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the infiltration area, or 50 feet within the property boundary, whichever is
closest to the infiltration area. Any exceedance of groundwater standards at or beyond the
compliance boundary shall require corrective action. Division -approved relocation of the compliance
boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership
and permitted for use as a disposal system shall be treated as a single property with regard to
determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(1), G.S. 143-215.1(k)]
8. The review boundary is midway between the compliance boundary and the infiltration area. Any
exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. [15A NCAC 02L .0106(d)(1), 02L .0108]
9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A
NCAC 02L .0107(c)]
10. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107]
WQ0024756 Version 3.1 Shell Version 200201 Page 2 of 9

11. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Carteret County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance
boundary for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[15A NCAC 02L .0107(f)]
12. The facilities herein were permitted per the following setbacks:
a. The infiltration sites were originally permitted April 27, 2005. The setbacks for infiltration sites
originally permitted or modified from February 1, 1993 to September 1, 2006 are as follows (all
distances in feet):
i. Each private or public water supply source: 100
ii. Surface waters: 200
In. Groundwater lowering ditches: 200
iv. Surface water diversions (upslope): 200
v. Surface water diversions (downslope): 200
vi. Each well with exception of monitoring wells:
100
vii. Each property line:
50'°2
viii. Top of slope of embankments or cuts of two feet or more in vertical height:
100
ix. Each water line:
10
x. Each swimming pool:
100
xi. Public right of way:
503
xii. Nitrification field:
20
xiii. Each building foundation or basement:
15
xiv. Each impounded public surface water supply:
500
xv. Each public shallow ground water supply (less than 50 feet deep):
500 4
' Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
2 Per setback waivers recorded in the Carteret County Register of Deeds, reduced
setbacks
from the wetted area to any property line are as follows:
Parcel No.
Deed Book / Page
Setback
Easement
637516934000000
1571 / 188
0 feet
50 feet
637516935111000
1571 / 189
0 feet
50 feet
637516936014000
1571 / 190
0 feet
50 feet
637516935111000
1571 / 267
0 feet
50 feet
WQ0024756 Version 3.1 Shell Version 200201 Page 3 of 9

3 Per setback waivers recorded in the Carteret County Register of Deeds, reduced setbacks
from the wetted area to any public right of way are as follows:
Street Name
Deed Book / Page
East Drive
1460 / 004
West Drive
1460 / 004
4 There is a public water supply well (PWS ID # 0416035) located within 250 feet of the
infiltration area. The well is listed as being 225 feet deep, therefore the 500 foot setback does
not apply.
The Permittee has waived the 15-foot setback from drip infiltration sites to places of
assembly under ownership of the Permittee as if the infiltration site were covered under the
15A NCAC 02T .0706(a). Per the setback waiver recorded in the Carteret County Register of
Deeds, reduced vertical setbacks from the wetted area to any place of assembly owned by the
permittee are as follows:
Parcel No.
Instrument No.
Setback
Easement
637516934000000
637516935111000
1748123
8 feet
7 feet
637516936014000
[15A NCAC 02H .0404(g), 02H .02190)(5)]
b. The storage and treatment units were originally permitted April 7, 2005. The setbacks for storage
and treatment units originally permitted or modified from February 1, 1993 to September 1, 2006
are as follows (all distances in feet):
I. Each habitable residence or place of assembly under separate ownership
ii. Each private or public water supply source:
iii. Surface waters:
iv. Each well with exception of monitoring wells:
v. Each property line:
vi. Nitrification field:
1001
100
50
100
50 2, 3
20
' Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
3 Per a setback waiver recorded in the Carteret County Register of Deeds, reduced setbacks
from the storage and treatment units to any property line are as follows:
Parcel No.
Deed Book / Page
Setback
Easement
Bogue Boulevard West
1460 / 004
10 feet
40 feet
[15A NCAC 02H .0404(g), 02H .02190)(5)]
WQ0024756 Version 3.1 Shell Version 200201 Page 4 of 9

III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A
NCAC 02T .0700]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T
.0707(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a
certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs.
The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A
NCAC 02T .0117]
4. The Permittee shall take measures to prevent effluent ponding in or runoff from the infiltration sites
listed in Attachment B. [15A NCAC 02T .0707(c)]
5. Infiltration equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T
.0707(d)]
6. Only treated effluent from The Grove WWTP shall be infiltrated on the sites listed in Attachment B.
[15A NCAC 02T .0701]
7. The Permittee shall not allow vehicles or heavy machinery on the infiltration area, except during
equipment installation or maintenance activities. [15A NCAC 02T .0707(e)]
8. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration
facilities. [15A NCAC 02T .0705(p)]
9. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A
NCAC 02T .0708, 02T. I 100].
10. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .0705(i)]
11. The Permittee shall provide a water -tight seal on all treatment and storage units, or provide two feet
protection from the 100-year flood plain elevation. [15A NCAC 02T .0705(1)]
12. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments.
Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T
.0707(g)]
13. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d)]
14. An automatically activated standby power source capable of powering all essential treatment units
shall be on site and operational at all times. If a generator is employed as an alternate power supply,
it shall be tested weekly by interrupting the primary power source. [15A NCAC 02T .0705(k)]
15. The infiltration areas shall be cleaned at least once per permit cycle to remove deposited materials
that may impede the infiltration process. Cleaning records shall be maintained at the facility for five
years, and shall be made available to the Division upon request. The Wilmington Regional Office,
telephone number [phone], shall be notified prior to each cleaning. [15A NCAC 02T
.0707(h)]
WQ0024756 Version 3.1 Shell Version 200201 Page 5 of 9

IV. MONITORING AND REPORTING REQUIREMENTS
The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent infiltrated. These records shall
include the following information for each infiltration site listed in Attachment B:
a. Date of infiltration;
b. Volume of effluent infiltrated;
c. Site infiltrated;
d. Length of time site is infiltrated;
e. Loading rates to each infiltration site listed in Attachment B; and
f. Weather conditions.
[15A NCAC 02T .0108(c)]
6. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Condition IV.S.) on
Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the
following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[I5A NCAC 02T .0105(1)]
7. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. This record shall
include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0708(b)]
WQ0024756 Version 3.1 Shell Version 200201 Page 6 of 9

8. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of infiltration equipment calibration;
c. Date and results of power interruption testing on alternate power supply;
d. Visual observations of the plant and plant site; and
e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections and cleanings, etc.).
[15A NCAC 02T .0707(i)]
9. Monitoring wells MW-1R, MW-2, and MW-3 shall be sampled at the frequencies and for the
parameters specified in Attachment C. All mapping, well construction forms, well abandonment
forms and monitoring data shall refer to the permit number and the well nomenclature as provided in
Attachment C and Figure 1. [15A NCAC 02T .0105(m)]
10. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-
59) shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(m)]
11. Noncompliance Notification:
The Permittee shall report to the Wilmington Regional Office, telephone number [phone],
within 24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the infiltration sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Wilmington Regional Office within five
days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken
to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
WQ0024756 Version 3.1 Shell Version 200201 Page 7 of 9

V. INSPECTIONS
The Permittee shall perform inspections and maintenance to ensure proper operation of the
wastewater treatment and infiltration facilities. [15A NCAC 02T .07070)]
2. The Permittee shall inspect the wastewater treatment and infiltration facilities to prevent
malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the
environment, threats to human health, or public nuisances. The Permittee shall maintain an
inspection log that includes the date and time of inspection, observations made, and maintenance,
repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of
five years from the date of the inspection, and this log shall be made available to the Division upon
request. [15A NCAC 02T .0707(i), 02T .07070)]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and infiltration facilities permitted
herein at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
Unless specifically requested and approved in this permit, there are no variances to administrative
codes or general statutes governing the construction or operation of the facilities permitted herein.
[15A NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S.
143-215.1(d3)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the
facilities permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
WQ0024756 Version 3.1 Shell Version 200201 Page 8 of 9

8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of
credentials:
I. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously
abandoned a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not
compliant with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual
fee. [15A NCAC 02T .0120(c)]
Permit issued this the 15"' day of February 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
7L4;�a�-a
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0024756
WQ0024756 Version 3.1 Shell Version 200201 Page 9 of 9

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WQ00247 6 Site Map
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FOR REGISTRATION REGISTER OF DEEDS
Karen S Hardesty
Carteret County. NC
August 28, 2019 02:31:05 Phi
ANNA ESMT 6 P
FEE. $26.00
FILE # 1647379
Prepared by: Kirkman, Whitford, Brady, Berryman & Gordon, P.A.
STATE OF NORTH CAROLINA
EASEMENT
COUNTY OF CARTERET W/A
THIS EASEMENT is made thday of 2019, by and between the
Town of Atlantic Beach, a North Carolina body politic (hereinafter referred to as "Town") and FMB
at the Grove, LLC, a North Carolina limited liability company (hereinafter referred to as "FMB").
STATEMENT OF EXPLANATION
FMB has been issued a high -rate infiltration system permit from the State of North Carolina
Department of Environmental Quality, Division of Water Resources for operation of a wastewater
treatment and disposal system in the Town of Atlantic Beach, Permit #WQ0024756 (herein "Permit").
The North Carolina Division of Water Resources contact information is as follows: 512 North
Salisbury Street, 1617 Mail Service Center, Raleigh, NC 27699-1617, and 919-707-9000.
15A NCAC 02L.0107 requires a compliance boundary of "250 feet from the waste boundary,
or 50 feet within the property boundary, whichever point is closer to the source" The compliance
boundary and perimeter boundary for the Permit includes the right of way of East Drive and West
Drive, which are municipal streets under the control and jurisdiction of the Town of Atlantic Beach
as more particularly shown on the attached Exhibit A.
FMB has requested that Town grant an easement to FMB in order to comply with State
regulations and Town as agreed to grant the same.

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STATEMENT OF AGREEMENT
For good and valuable consideration, including FMB's commitment to allow the Town to
connect its Municipal and Public Safety building facilities to the FMB wastewater treatment and
disposal facilities with a maximum flow of no more than 550 gallons per day, the receipt of which is
hereby acknowledged, Town does hereby give, grant, bargain and convey unto FMB, its successors
and assigns an easement as follows:
In the Town of Atlantic Beach, Carteret County, North Carolina, and being a perpetual non-
exclusive easement over the right of ways of East Drive and West Drive, which are adjacent to 110
Atlantic Boulevard, Carteret County Tax Parcel #637516934000000, and 100 Atlantic Boulevard,
Carteret County Tax Parcel 637516936014000, for purposes of establishing the required boundaries
as set forth in 15A NCAC 02L.0107. Said easement extends from the common boundary line of the
eastern right of way of West Drive and 110 Atlantic Boulevard to the western boundary of the right
of way of West Drive and the common boundary line of the western right of way of East Drive and
100 Atlantic Boulevard to the eastern boundary of the right of way of East Drive to establish a
perimeter boundary for the wastewater disposal system as shown on the allached Exhibit A.
Within the above described area, Town shall not be permitted to construct or operate any
water supply wells. FMB and the State of North Carolina shall have the right to enter into the property
within the compliance boundary for groundwater monitoring and remediation purposes. This
Easement shall be limited to purposes of meeting the required compliance boundary and grants no
additional rights to either FMB or the State of North Carolina.
This is a non-exclusive easement and Town reserves the right to grant easements and use the
property in any manner that is not inconsistent with the same being used as a compliance boundary.
FMB, its successors and/or assigns shall promptly repair any damage to any of Town's
improvements and/or infrastructure within the easement areas granted herein, occurring as a result of
use of this easement, returning such improvements and/or infrastructure to the same or better

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condition that existed just prior to such damage.
FMB may transfer, convey, or assign this easement only upon written consent of the Town
and such consent shall not be unreasonably withheld. The Town's consent will be predicated upon
any proposed successor or assignee having and providing the Town with proof of sufficient financial
strength and liquidity to assume the responsibilities of FMB hereunder.
This easement may be terminated by the State of North Carolina when its purpose has been
fulfilled or the need for the easement no longer exists. Under these conditions, the Director of the
Division of Water Resources, Department of Environmental Quality, or the designee therefore shall,
upon request by the Town, file a document terminating the easement in the Register of Deeds of
Carteret County.
TO HAVE AND TO HOLD said easement with all rights.and privileges appurtenant thereto
belonging unto Town, its successors and assigns, to its use and behoof forever.
IN TESTIMONY WHEREOF, the parties hereto have signed this instrument as of the day
and year first above written.
SIGNATURE PAGES ARE ATTACHED

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SIGNATURE PAGE TO EASEMENT BY AND BETWEEN
THE TOWN OF ATLANTIC BEACH AND FMB AT THE GROVE, LLC
(Town Seal)
ATTEST:
Town Clerk
STATE OF NORTH CAROLINA
COUNTY 01'�-�
TovM of Atlantic l mch
Title: IT -g t-04p L
Nw►nc, t 4PPrOuiptF
A 6 0 Iq
I, a Notary Public r the County and State aforesaid, certify that
D\(d f - h( `j(�k as f r1 of the Town of Atlantic Beach
personally appeared Pefqre me this, day and ackno edged the execution of the foregoing
instrument, and that r " I LVk , — Town Clerk attested the same and caused
the Town Seal to be placed hereon, al y authority duly given.
WITNESS my hand and official stamp (or seal), this the It_ day of �' ,
2019.
rign5t6 of Notary Public
M Commission Ex fires: :�ETH
Y P Yl I I LDIS =�`,�P � ss�oNE�A—Q'.
Wv i APRIL 113.
s 1
c► 20

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SIGNATURE PAGE TO EASEMENT BYAND BETWEEN
THE TOWN OF ATLANTIC BEACHAND FMB AT THE GROVE, LLC
FMB at the Grove, LLC
Fred M. Bunn, Manager
STATE OF NORTH CAROLINA
COUNTY OF Ca 4et-&!
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: Fred M. Bunn.
Date:' O% ---= AM
ignature of N Public 09
NOTARY Q'
My commission expires: ,2
PUBLIC sr

This map may not be a certified survey and has
not been reviewed by a local government agency
for compliance with any applicable land
development regulations and has not been
reviewed for compliance with recording
requirements for plats.
i
a

STATE OF NORTH CAROLINA
COUNTY OF
Permit No.
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this
.'n
day
of
ZID by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
f M S A� i HE Cb 1ZQ 06 1 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 C.Aq i" County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Glnte _ (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 of the North Carolina General Statutes.
The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit Owners' Association) C�� _ O t'r� ��� T � '��Q� (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water 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 11-17 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 Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available
to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. If a wastewater collection system and. wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall
provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said system and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL Fred M- !�unfl FMS Al i h Gkou(-_
ELLC-
MANAGEMENT COMMISSION Name of DVELOP R
B: --4p r ).
nda Culpepper, Inferimn Director (Signature)
" Division of Water Resources
fired . 13 u_n mA a ��
Print Name and Title
/a/ta /i9
(Date)
,3 1 z>
(Date)
FORM: DEV 11-17 Page 2 of 2