WQ0043473_Application (FTSE)_20220512

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DWR
Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
FTA 06-21 & SUPPORTING DOCUMENTATION
Application Number: WO 0014 34 734o be compleicd by DWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
1.
Applicant's name: Chatham Park Investors LLC (company, municipality, HOA, utility, ctc.)
2. Applicant type: ❑ Individual 0 Corporation
❑ Federal 0 State/County
❑ General Partnership
❑ Municipal
3. Signature authority's name: Timothy R. Smith per I5A NCAC 021 .0106(b)
Title: Vice President
4. Applicant's mailing address: 105 Weston Estates Way
City: Cary State: NC Zip: 27513-
5. Applicant's contact information:
Phone number: [phone] Email Address: robin(a!prestondev.com
❑ Privately Owned Public Utility
® Other
NC Dept of Environmental Quality
MAY 11` 222
Raleigh Regional Office
II. PROJECT INFORMATION:
I . Project name: Chatham Park Section 5.1 East Residential 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: Chatham County
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.730° Longitude: -79.151°
5. Parcel ID (if applicable): 945$4.7339. 87175 (or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Nicholas J. Antrilli.PE
Firm: WithcrsRavcncl. Inc,
Mailing address: 115 MacKenan Drive
City: Cary State: NC Zip: 27511-,
Phone number: [phone] Email Address: [e-mail]
License Number: 38549
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
I . Facility Name Chatham Park Water Recovery Center Permit Number: NC0020354
Owner Name: Chatham Park Investors LLC
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
I . Permit Number(s): WQ0040741 - Chatham Park Section 5.2 Sewer Interceptor
2. Downstream (Receiving) Sewer Information: 8 inch
® Gravity 0 Force Main
3. System Wide Collection System Permit Number(s) (if applicable): WQCS00I46
Owner Name(s): Town of Pittsboro
FORM: FTA 06-21
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Page 1 of 5

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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 ® N/A
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operationd _ re ent (FORM: D E; V) been attached?
® Yes ❑ No 0 N/A
3. If the Applicant is a Home/Property Owners' Association, has an HOA'POA (]ncratianal A c utu jQRM; I IOA) and
supplementary documentation as required by 15A NCAC 02T.0115(c) been attached?
❑ Yes ❑ No ® N/A
4. Origin of wastewater: (check all that apply):
® Residential (Individually Owned) ❑ Retail (stores, centers, malls)
❑ Residential (Leased) ❑ Retail with food preparation/service
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities
❑ Food and drink facilities 0 Church
❑ Businesses / offices / factories ❑ Nursing Home
❑ Car Wash
❑ Hotel and/or Motels
❑ Swimming Pool/Clubhouse
❑ Swimming Pool/Filter Backwash
❑ Other (Explain in Attachment)
5. Nature of wastewater : 100 % Domestic % Commercial % industrial (Sec 15A hi(; Ar. Q E' ,0IQ3124))
If Industrial, is there a Pretreatment Program in effect? ❑ Yes❑ No
6. Has a flow reduction been approved under J.akt NCAC 021...0114(!)? ® Yes 0 No
D If Yes, provide a copy of flow reductiqn approval letter with this application
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow °,b
No. of Units
Flow
Single Family Residential Homes
60 gal/day (per BR)
55
9,900 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gall
GPD
Total
9,900 GPD
a See ISA NCAC 02T,01 14(b), (d), (OW :id (e}(21. for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas;
and residential property located south or cast of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined
in G.S 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table I A CA(' 02T.OI 14J shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 9.90Q GPD (per 15A NCAC 02T .0114)
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 timeframc for permitting upstream sewers with flow.
0 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

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VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers?:
I. Summarize gravity sewer to be permittcd:
Size (inches)
Length (feet)
Material
8
2,286
PVC
8
124
DIP
➢ Section 11 & 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 (Pump Stations/Force Mains):
PROVIDE A aEPARATE 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 thc pump station: millions gallons per day (firm capacity)
➢ 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 me hod of solids reduction per
MDCPSFM Section 2.01C.1.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) __
6. Power reliability in accordance with I 5A NCAC 02T .0305(h)( I ):
❑ Standby power source or ❑ Standby pump
➢ Must have automatic activation and telemetry - I5A NCAC 02T.0305(h)(I)(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 thc 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

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IX. SETBACKS & SEPARATIONS —(02B .0200 & NCAC 02T .0305(0):
I . Does the project comply with all separations/alternatives found in ISA NCAC 02T .030.,}? ❑X Yes ❑ No
15A NCAC 02T.0305(fJ contains minimum separations that shall be provided for sewer systems:
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
18 inches
'Water mains (vertical - water over sewer preferred, including in benched trenches)
18 inches
'Water mains (horizontal)
10 feet
Reclaimed water lines (vertical reclaimed over sewer)
18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
**Any private or public water supply source, including any wells, WS-I waters of Class 1 or
Class II impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
**Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands associated with these watcrs (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 W1..
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.0305(€} or (A sec Section X.1 of this application
*ISA NCAC 021.0305(0 contains alternatives where separations in 02.T.03055Q 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 N(L,Surface Water Classifications wcbjr c
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.
3. Does the project comply with separation requirements for wetlands?
D Please provide supplementary information identifying the areas of non-conformance.
D See the Division's draft sspard1ion 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? ® Ycs Basin name: Haw River
If yes, does the project comply with setbacks found in the river basin rules per 156 NC (,: Q B .0200?
D This includes Trout Buffered Streams per 15A NCAC 2B,.020
5. Does the project require coverage/authorization under a 404 Nationwide/individual permits
or 401 Water Quality Certifications?
Please provide the permit number/permitting status in the cover letter if coverage/authorization is rcqu
❑ Yes ❑ No ® MA
❑ No
® Ycs ❑ No
❑ Yes ® No
ired.
6. Does project comply withla :AC C2T,0I05(c)(6) (additional permits/certifications)? ® Ycs ❑ No
Per l5A NC'AC 02T.0105(c)(6J, 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 permits (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 ISA NCAC Q,aJ.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.
D If yes, include an attachment with details for cach 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 ISA NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit.
FORM: ETA 06-21 Page 4 of 5

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X. CERTIFICATIONS:
I. Does the submitted system comply with 15A NCAC 02T, the Miainium Desi niteria for the Permitting Fy_ _ pirn Stations
Fprcc Mains (latest verolard, and the payjR3maitipirnurn Resitcritcria_Clalte;t vcioni 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 anprovgl may be subject to lQneer
review times. For projects requiring two or more variances or where the variance is determined by the Division to be a
sienificant portion of the project. the full technical review is required.
2. Professional Engineer's Certification:
I, Nicholas J. Antrilli, PE attest that this application for Chatham Park Section 5.1 East Residential Subdivision
(Professional Engineer's name from Application Item 111, I.) (Project Name from Application Item 11. I)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans,
specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. 1 further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum Dcsipn Criteria for Gravity Sewers (latest version), and the Miiisnurn Design Critelli' for Ike Dt-Trek Permitting
of Pump Stations a tJ force Mains{latcst version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that 1 have reviewed this material and
have judged it to be consistent with thc proposed design.
NOTE — In accordance with General Statutes 143-215.6A and I43-215.6B, 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 thc licensing board. (21 NCAC 56.0701)
North Carolina Professional Engineer's seal, signature, and date:
3. Applicant's Certification per 15A NCAC 02T .0106(b):
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I, Timothy R. Smith, Vice President attest that this application for Chatham Park Section 5.1 East Residential Subdivison
(Signature Authority Name from Application Item 1 3.) (Project Name from Application Item 11.: )
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge.
1 understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments arc 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. 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 143-2 15•F,1{ and 143-21 5_6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
FORM: FTA 06-21
Date:. - z. J z
Page 5 of 5

State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
Entity Requesting Allocation: Chatham Park Investors LLC
Project Name for which flow is being requested: Chatham Park Section 5.1 East
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Chatham Park Water Recovery Center
b. WWTP Facility Permit #: NC0020354
All flows are in MGD
c. WWTP facility's permitted flow 0.499
d. Estimated obligated flow not yet tributary to the WWTP 0.0948
e. WWTP facility's actual avg. flow 0
f. Total flow for this specific request 0.0099
g. Total actual and obligated flows to the facility 0.1047
h. Percent of permitted flow used 20.98%
II. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP
(A) (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 1 pf), Avg. Daily Daily Flow, Obligated Available
Number) No. MGD MGD Flow, MGD MGD Flow Capacity***
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow
that can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor
(pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): _ Section 5.2 Interceptor
Downstream Permit Number: WQ0040741
Page 1 of 6
FTSE 10-I8

III. Certification Statement:
I Timothy R. Smith 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 plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been performed in accordance
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and II 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 Sig, lure
v.p
Title of Signing Official
Page 2 of 6
FTSE 10-18

IIIOur People. Your Success.
WithersRavenel
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May 11, 2022 k�7Ci�, pval`h'
NC DEQ DWR k�g�
Attn: Mr. Jason Robinson O
3800 Barrett Drive fice
Raleigh, NC 27609
RE: Chatham Park Section 5.1 East Residential Subdivision Sewer System Extension Permit
Dear Mr. Robinson,
On behalf of our client Chatham Park Investors LLC, please find the attached documentation in support of
a Fast Track Application (FTA 06-21) for the referenced project. As noted in the application, this project will
consist of 2286 LF of 8" PVC and 124 LF of 8" ductile iron pipe sewer lines located South of Wendover
Parkway and West of Chatham Park Way which will connect to the existing Section 5.2 Sewer Interceptor
(WQ#0040741). The sewer proposed within this application will serve Chatham Park Section 5.1 East
Residential Subdivision containing 55 single-family homes within this development.
The proposed project will meet all of DWR's minimum design criteria for sanitary sewer extensions. The
design flow rate for this project is calculated at 9,900 gpd based on NCAC 2T Rules for wastewater flow
rates and the DEQ approved sewer flow reduction of 60 gal/bedroom approved under separate cover. The
proposed sanitary sewer lines are more than adequate to convey the design flow rates.
Please find attached the following information in support of the application:
• Fast Track Sewer System Extension Application (FTA 06-21)
• Flow Tracking/Acceptance Form for Sewer Extension Applications (FTSE 10-18)
• USGS Map
• Street Level Map
If you have any questions, please feel free to contact me at 919-238-0354 or [e-mail].
Sincerely,
WithersRavenel
Alicia R. Albini
Sr. Project Manager
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 I f: 919.467.6008 I www.withersravenel.com I License No, C-0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington

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ROY COOPER
Governor
MICHAEL S. RECAN
Secretary
LINDA CULPEPPER
Director
Chatham Park Investors, LLC
c/o Tim Smith
100 Weston Estates Way
Cary, NC 27513
NORTH CAROLINA
Environmental Quality
January 14, 2019
Subject: Adjusted Daily Sewage Flow Rate Approval
Chatham Park Development
Chatham County
Dear Mr. Smith:
On July 16, 2018, the Division of Water Resources (Division) received an adjusted daily sewage flow
rate (flow reduction) request that would apply to all permitted but not yet tributary residential
connections and all future residential connections within the Chatham Park Development service
area.
In accordance with 15A NCAC 02T .0114(f)(2), the Division has evaluated the request as well as
additional information received on October 15, 2018, and based on the data submitted and the
Division of Water and Infrastructure (DWI) guidance, the Division hereby approves for use by the
Chatham Park development an adjusted daily sewage design flow rate with the following
conditions:
• The flow reduction is applicable to residential single family dwellings only.
• The minimum flow for 1 and 2 bedroom dwellings shall be 120 gallons per day.
• Each additional bedroom above two bedrooms shall increase the volume by 60 gallons per
day per bedroom.
• This flow reduction shall not apply to sewer extension applications and/or permits for any
other public or private organizations whose wastewater flows are or might become
tributary to Chatham Park collection system.
Future sewer extension applications should be made using the flow reduction amount stated above.
All other aspects of the permitting process remain unchanged, and all applications must be in
compliance with the statues, rules, regulations and minimum design criteria as certified by the
owner and engineer.
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
capacity of the sewers downstream of any new sewer extension or service connectionf s].
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mall Service Center 1 Raleigh, North Carolina 27699-1617
919.707.9000

The granting of this flow reduction does not prohibit the Division from reopening, revoking,
reissuing and/or modifying the flow reduction as allowed by the laws, rules, and regulations
contained in 15A NCAC 02T, NCGS 143-215.1, or as needed to address changes in State and/or
Federal regulations with respect to wastewater collection systems, protection of surface waters
and/or wastewater treatment.
If you have any questions, please contact Christyn Fertenbaugh, P.E., at [phone], or via email
at [e-mail].
Sincerely,
,,s, ,A,_
for Linda Culpepper
Director, Division of Water Resources
by Deborah Gore, Supervisor
Pretreatment, Emergency Response and Collection Systems Branch
Cc: Nisha Thuruthy, McKim & Creed (MThuruthymckimcreed.com)
Mike Meyers, Old North State Water Company (mmeyersenvirolinkinc,com)
Raleigh Regional Office, Water Quality Regional Operations
PERCS (electronic copy)

;:WithersRavenel
Our People. Your Success.
55 Grant Drive, Suite D
Pittsboro, North Carolina 27312
t: 919.469.3340 I f: 919.467.6008
TO: NC DEQ - DWQ
3800 Barrett Drive
Raleigh, NC 27609
WE ARE SENDING YOU
THE FOLLOWING ITEMS
® Attached
❑ Shop Drawings
❑ Copy of Letter
Letter of Transmittal
DATE
5/11/2022 JOB NO. 02150098.27
ATTENTION
RE:
Mr. Jason Robinson
Chatham Park - Section 5.1 East
Sewer System Extension Permit
El Under Separate Cover via
❑ Prints
O Change Order
❑ Plans
D Diskette
❑ Samples
lI Other
El Specifications
Check # xxxx
COPIES
DESCRIPTION
1
Cover Letter
1
Fast Track Sewer System Extension Application (FTA 06-21)
1
Flow Tracking/Acceptance for Sewer Extension Application (FTSE 10-18)
1
USGS Map
1
Street Level Map
1
Developer's Operational Agreement NC Dept of Environmental Quality
1
Chatham Park Flow Reduction Approval MAY
1
11 2022
Check for $480.00 for Sewer Permit
2
CDs with all deliverables Raleigh Regional Office
THESE ARE TRANSMITTED as checked below
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Other
® For approval
El For your use
❑ As requested
I I For review and comment
❑ Resubmit
❑ Submit
❑ Return
copies for approval
copies for distribution
corrected prints
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS: Please contact Alicia Albini via email at [e-mail] or via phone at 919-238-0303 with
questions and/or comments.
COPY TO- SIGNED: Sue Morris, Project Coordinator
If enclosures are not as noted, kindly notify us at once.

STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
NC Dept of Environmental Qualify
MAY t 2 2022
Rftteigh Regional Office ermit No.
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d1) 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
Chatham Park Investors LLC , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as theDEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Chatham County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Chatham Park Section 5.1 East Residential 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, Chatham Park Residential Association, Inc, (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 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 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 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 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
Chatham Park Investors LLC
Name of DEVELOPER
S. Daniel Smith (Signature) Zia
Director, Division of Water Resources
4o .Tim Smith, Vice President, by Robin R. Rose, Reg. Agent
Print Name and Title
(Date) (Date)
FORM: DEV 03-19 Page 2 of 2