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WQ0006863_Renewal Application_20220627
DIEHL & PHILLIPS, P.A. CONSULTING ENGINEERS WILLIAM C.DIEHL,P.E. 1500 Piney Plains Rd.,Suite 200 JOHN F.PHILLIPS,P.E. Cary,North Carolina 27518 ALAN R.KEITH,P.E. Telephone(919)467-9972—Fax(919)467-5327 June 27, 2022 Ms. Lauren Raup-Plummer, PE Non-Discharge Branch, DWR 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Minor Modification and Permit Renewal Applications Genesis Condominiums WWTP High Rate Infiltration System Permit No. WQ0006863 Carteret County Dear Ms. Raup-Plummer: On behalf of the Genesis Condominium Owners Association, Inc., Diehl & Phillips, P.A. offers the following information in response to the Division's letters of April 21 and May 27 of this year. We previously submitted an application for renewal of the referenced permit, and in your review of that information it was determined that we must also submit an application for a Minor Modification to the treatment plant. The Minor Modification referenced in your April 21, 2022, letter was the replacement of the two originally installed ultra-violet light disinfection units, each rated at 62 gallons per minute (gpm), with three UV disinfection units, each rated for 40 gpm. The originally installed UV units were damaged by Hurricane Florence in 2018, and were replaced by the permittee with three 40 gpm units. The three units were installed in series, to allow the Operator in Responsible Charge to have two units in operation at all times, with the third unit providing the required redundancy. While the permittee and ORC viewed this as a like for like replacement of the storm damaged units, your letter indicated the replacement units were a Minor Modification to the plant and a permit modification should have been requested. Included with this letter is the application form HRIS 06-16, requesting the Minor Modification for the three installed UV units, and supporting documents (site drawing of the installed UV systems, information regarding the UV dosage provided, manufacturer's data for the installed units, and Operation & Maintenance information for the units). Ms. Lauren Raup-Plummer, PE June 27, 2022 Page 2 of 2 It should be noted that Diehl & Phillips, P.A. did not design the current treatment plant or the installation of the replacement UV units. The drawings we have submitted are based on a combination of the construction drawings prepared by the engineers of record (Hobbs Upchurch), a field survey we had performed for the permit renewal, and observations of the above ground and visible portions of the treatment plant. We can and do certify that the three S2400C UV units, as manufactured by Atlantic Ultraviolet Corporation, have been installed as represented by the attached drawings. On behalf of the permittee, we request the Division approve this Minor Modification request. We also request the Division renew the subject permit, with the inclusion of the Minor Modification. To support this request, we are also including with this submittal the permit renewal documents that the Division returned as incomplete due to failure to submit the requested additional information by the specified date. The following documents are attached. Please advise if you require anything else to approve the requested Minor Modification and to renew the subject permit. For the Minor Modification request: • Form HRIS 06-16 • Site Plan of Treatment Plant with Installed UV Units • Replacement UV Units Information For the Permit Renewal request: • Form HRIS-R 02-21 • Site Maps (2 pages) • Operational Agreement • Articles of Incorporation • Declaration of Condominium • Bylaws of Genesis Condominium Owners Association ,`\ „Ili!' �',,, Yours very truly, �O�:oFESSIpti � Diehl & Phillips, P.A. Q SEAL - 10130 904„ PL ► i • ti r PH►\-`N•`` John F. Phillips, P.E. cc: Mr. Grady Fulcher, Property Manager Mr. Don O'Mara, ORC State of North Carolina DW R Department of Environmental Quality Division of Water Resources r 15A NCAC 02T.0700—HIGH-RATE INFILTRATION SYSTEMS Division of Water Resources INSTRUCTIONS FOR FORM:HRIS 06-16&SUPPORTING DOCUMENTATION Plans,specifications and supporting documents shall be prepared in accordance with 15A NCAC 02H.0400(if necessary), 15A NCAC 02L .0100, 15A NCAC 02T .0100, 15A NCAC 02T .0700, Division Policies and good engineering practices. Failure to submit all required items will necessitate additional processing and review time. For more information, visit the Water Quality Permitting Section's Non-Discharge Permitting Unit website General—When submitting an application to the Water Quality Permitting Section's Non-Discharge Permitting Unit, please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of requested additional information. Unless otherwise noted,the Applicant shall submit one original and two copies of the application and supporting documentation. A. Cover Letter(All Application Packages): E List all items included in the application package,as well as a brief description of the requested permitting action. B. Application Fee(All New and Major Modification Application Packages): ❑ Submit a check, money order or electronic funds transfer made payable to: North Carolina Department of Environmental Quality(NCDEQ). The appropriate fee amount for new and major modification applications may be found at: Standard Review Project Fees. C. High-Rate Infiltration Systems(FORM:HRIS 06-16)Application(All Application Packages): E Submit the completed and appropriately executed High-Rate Infiltration Systems (FORM: HRIS 06-16) application. Any unauthorized content changes to this form shall result in the application package being returned. If necessary for clarity or due to space restrictions,attachments to the application may be made,as long as the attachments are numbered to correspond to the section and item to which they refer. E If the Applicant Type in Item L2. is a corporation or company, provide documentation it is registered for business with the North Carolina Secretary of State. ❑ If the Applicant Type in Item I.2. is a partnership or d/b/a,enclose a copy of the certificate filed with the Register of Deeds in the county of business. ❑ The facility name in Item IL 1.shall be consistent with the facility name on the plans, specifications,agreements,etc. E The Professional Engineer's Certification on Page 13 of the application shall be signed, sealed and dated by a North Carolina licensed Professional Engineer. E The Applicant's Certification on Page 13 of the application shall be signed in accordance with 15A NCAC 02T.0106(b). Per 15A NCAC 02T .0106(c),an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T.0106(b). ❑ If this project is for a renewal without modification,use the Non-Discharge System Renewal(FORM:NDSR)application. D. Property Ownership Documentation(All Application Packages): ➢ Per 15A NCAC 02T .0704(f), the Applicant shall demonstrate they are the owner of all property containing the wastewater treatment and high-rate infiltration facilities: E Legal documentation of ownership(i.e., GIS,deed or article of incorporation),or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map,or ❑ Written notarized lease agreement that specifically indicates the intended use of the property and has been signed by both parties,as well as a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107. ❑ Provide all agreements, easements, setback waivers, etc. that have a direct impact on the wastewater treatment, conveyance, storage and high-rate infiltration facilities. INSTRUCTIONS FOR FORM: HRIS 06-16&SUPPORTING DOCUMENTATION Page 1 of 6 E. Soil Evaluation(All Application Packages that include new high-rate infiltration sites): ❑ Per 15A NCAC 02T .0704(b)and the Soil Scientist Evaluation Policy,submit a detailed soil evaluation that has been signed, sealed and dated by a North Carolina Licensed Soil Scientist and includes at a minimum: ❑ The report shall identify all the basins/fields with project name, location, and include a statement that the basins/fields were recommended for the proposed land application activity. ❑ Field delineated detailed soils map meeting all of the requirements of the Soil Scientist Evaluation Policy. ❑ Soil profile descriptions meeting all of the requirements of the Soil Scientist Evaluation Policy. ❑ Provide all soil boring logs performed at the site. ❑ For non-basins,a standard soil fertility analysis conducted no more than one year prior to permit application for each map unit in the soil map legend for the following parameters: ❑Acidity ❑ Exchangeable sodium percentage(by calculation) ❑Phosphorus ❑Base saturation(by calculation) ❑Magnesium ❑Potassium ❑Calcium ❑Manganese ❑ Sodium ❑Cation exchange capacity ❑Percent humic matter ❑Zinc ❑Copper ❑pH ➢ Saturated hydraulic conductivity(KsAT)data that shall include at a minimum: ❑ A minimum of three KsAT tests shall be conducted in the most restrictive horizon for each soil series in the soil map. ❑ All KsAT tests shall be conducted in areas representative of the site. ❑ All KsAT tests shall be run until steady-state equilibrium has been achieved. ❑ All collected KsAT data shall be submitted,including copies of field worksheets showing all collected readings. ❑ Submit a soil profile description for each KsAT data point that shall extend at least one foot below the tested horizon. ➢ Soil evaluation recommendations shall include at a minimum: ❑ A brief summary of each map unit and its composition and identification of minor contrasting soils. ❑ For non-basins,maximum precipitation rate(in/hr)for each soil/map unit within the proposed infiltration areas. ❑ Seasonal infiltration restrictions,if appropriate. ❑ Identification of areas not suitable for high-rate infiltration. ❑ Recommended geometric mean KsAT rate to be used in the water balance for each soil/map unit based upon in-situ measurement of the saturated hydraulic conductivity from the most restrictive horizon. ❑ Recommended drainage coefficient to be used in the water balance based upon comprehensive site evaluation,review of collected onsite data,minor amounts of contrasting soils and the nature of the wastewater to be applied. ❑ For non-basins, recommended annual hydraulic loading rate (in/yr) for each soil/map unit within the proposed infiltration areas based upon in-situ KSAT measurements form the most restrictive soil horizon. ❑ For basins,recommended hydraulic loading rate(GPD/ft2)for each soil/map unit within the proposed infiltration areas based upon in-situ KSAT measurements form the most restrictive soil horizon. NOTE—If the soil evaluation was performed more than one year prior to the submittal of this application package,a statement shall be included indicating that the site has not changed since the original investigation. F. Agronomist Evaluation (All Application Packages that include new infiltration sites with cover crops or new crops for existing infiltration sites): ❑ Per 15A NCAC 02T.0704(i),submit an agronomist evaluation that has been signed,sealed and dated by a qualified professional and includes at a minimum: ❑ Proposed nutrient uptake values for each cover crop based upon each field's dominant soil series and percent slope. ❑ Plant available nitrogen calculations for each cover crop using the designed effluent concentrations in Application Item V.1.and proposed mineralization and volatilization rates. ❑ Historical site consideration,soil binding and plant uptake of phosphorus. ❑ Seasonal infiltration restrictions,if appropriate. ❑ A clear and reproducible map showing all areas investigated and their relation to proposed fields and crops. ❑ Maintenance and management plan for all specified crops. INSTRUCTIONS FOR FORM:HRIS 06-16&SUPPORTING DOCUMENTATION Page 2 of 6 G. Hydrogeologic Report(All Application Packages treating industrial waste or having a design flow over 25,000 GPD): ❑ Per 15A NCAC 02T .0704(e),the Hydrogeologic Investigation and Reporting Policy,the Groundwater Modeling Policy and the Performance and Analysis of Aquifer Slug Tests and Pumping Tests Policy, submit a detailed hydrogeologic description that has been signed,sealed and dated by a qualified professional and includes at a minimum: ❑ A hydrogeologic description to a depth of 20 feet below land surface or bedrock,whichever is less. A greater depth of investigation is required if the respective depth is used in predictive calculations. ❑ Representative borings within the infiltration areas and all proposed earthen impoundments. ❑ A description of the regional and local geology and hydrogeology. ❑ A description,based on field observations of the site,of the site topographic setting,streams,springs and other groundwater discharge features,drainage features,existing and abandoned wells,rock outcrops,and other features that may affect the movement of the contaminant plume and treated wastewater. ❑ Changes in lithology underlying the site. ❑ Depth to bedrock and occurrence of any rock outcrops. ❑ The hydraulic conductivity and transmissivity of the affected aquifer(s). ❑ Depth to the seasonal high water table(SHWT). ❑ A discussion of the relationship between the affected aquifers of the site to local and regional geologic and hydrogeologic features. ❑ A discussion of the groundwater flow regime of the site prior to operation of the proposed facility and post operation of the proposed facility focusing on the relationship of the system to groundwater receptors,groundwater discharge features, and groundwater flow media. ❑ If the SHWT is within six feet of the surface, a mounding analysis to predict the level of the SHWT after wastewater application. H. Water Balance(All Application Packages that include new or modified infiltration sites,changes in flow or changes in storage): ❑ Per the Water Balance Calculation Policy, submit information clearly demonstrating that the effluent can be assimilated regardless of precipitation events or temperature,and there are no crop or equipment maintenance issues that would necessitate storage. OR ❑ Per 15A NCAC 02T .0704(k)and the Water Balance Calculation Policy, submit a water balance that has been signed, sealed and dated by a qualified professional and includes at a minimum: ❑ At least a two-year iteration of data computation that considers precipitation into and evaporation from all open atmosphere storage impoundments,and uses a variable number of days per month. ❑ Precipitation based on the 80th percentile and a minimum of 30 years of observed data. ❑ Potential Evapotranspiration(PET)using the Thornthwaite method,or another approved methodology,using a minimum of 30 years of observed temperature data. ❑ Soil drainage based on the geometric mean of the in-situ KSAT tests in the most restrictive horizon and a drainage coefficient ranging from 4 to 10%(unless otherwise technically documented). > Other factors that may restrict the hydraulic loading rate when determining a water balance include: ❑ Depth to the SHWT and groundwater lateral movement that may result in groundwater mounding. ❑ Nutrient limitations and seasonal application times to ensure high-rate infiltration does not exceed agronomic rates. ❑ Crop management activities resulting in cessation of infiltration for crop removal. NOTE—High-Rate Infiltration Systems serving residential facilities shall have a minimum of 14 days of wet weather storage. I. Engineering Plans(All Application Packages): ® Per 15A NCAC 02T.0704(c)(1),submit standard size and 11 x 17-inch plan sets that have been signed,sealed and dated by a North Carolina licensed Professional Engineer,and shall include at a minimum: ❑ Table of contents with each sheet numbered. ❑ A general location map with at least two geographic references and a vicinity map. ❑ A process and instrumentation diagram showing all flow,recycle/return,aeration,chemical,electrical and wasting paths. ❑ Plan and profile views of all treatment and storage units, including their piping, valves, and equipment (i.e., pumps, blowers,mixers,diffusers,flow meters,etc.),as well as their dimensions and elevations. ❑ Details of all piping,valves,pumps,blowers,mixers,diffusers,recording devices,fencing,auxiliary power,etc. ❑ A hydraulic profile from the treatment plant headworks to the highest infiltration point. ❑ The high-rate infiltration area with an overlay of the suitable infiltration areas depicted in the Soil Evaluation. ❑ For non-basins,each nozzle/emitter and its wetted area influence and each infiltration zone labeled as it will be operated. ❑ For non-basins, locations within the infiltration system of air releases, drains, control valves, highest infiltration nozzle/emitter,etc. ❑ For non-basin automated infiltration systems,provide the location and details of the precipitation/soil moisture sensor. ❑ Plans shall represent a completed design and not be labeled with preliminary phrases(e.g.,FOR REVIEW ONLY,NOT FOR CONSTRUCTION,etc.)that indicate they are anything other than final specifications. However,the plans may be labeled with the phrase: FINAL DESIGN-NOT RELEASED FOR CONSTRUCTION. INSTRUCTIONS FOR FORM:HRIS 06-16&SUPPORTING DOCUMENTATION Page 3 of 6 J. Specifications(All Application Packages): E Per 15A NCAC 02T .0704(c)(2), submit specifications that have been signed, sealed and dated by a North Carolina licensed Professional Engineer,and shall include at a minimum: ❑ Table of contents with each section/page numbered. E Detailed specifications for each treatment/storage/infiltration unit, as well as all piping,valves, equipment(i.e.,pumps, blowers, mixers, diffusers, flow meters, etc.), nozzles/emitters, precipitation/soil moisture sensor (if applicable), audible/visual high water alarms,liner material,etc. ❑ Site Work(i.e.,earthwork,clearing,grubbing,excavation,trenching,backfilling,compacting,fencing,seeding,etc.) ❑ Materials(i.e.,concrete,masonry,steel,painting,method of construction,etc.) ❑ Electrical(i.e.,control panels,transfer switches,automatically activated standby power source,etc.) ❑ Means for ensuring quality and integrity of the finished product,including leakage,pressure and liner testing. ❑ Specifications shall represent a completed design and not be labeled with preliminary phrases(e.g.,FOR REVIEW ONLY, NOT FOR CONSTRUCTION, etc.) that indicate they are anything other than fmal specifications. However, the specifications may be labeled with the phrase: FINAL DESIGN-NOT RELEASED FOR CONSTRUCTION. K. Engineering Calculations(All Application Packages): E Per 15A NCAC 02T.0704(c)(3),submit engineering calculations that have been signed,sealed and dated by a North Carolina licensed Professional Engineer,and shall include at a minimum: ❑ Hydraulic and pollutant loading calculations for each treatment unit demonstrating how the designed effluent concentrations in Application Item V.1.were determined. ❑ Sizing criteria for each treatment unit and associated equipment(i.e.,blowers,mixers,flow meters,pumps,etc.). ❑ Total and effective storage calculations for each storage unit. ❑ Friction/total dynamic head calculations and system curve analysis for each pump used. E Manufacturer's information for all treatment units,pumps,blowers,mixers,diffusers,flow meters,etc. ❑ Flotation calculations for all treatment and storage units constructed partially or entirely below grade. ❑ For non-basins, a demonstration that the designed maximum precipitation and annual loading rates do not exceed the recommended rates. ❑ For basins,a demonstration that the designed loading rate(GPD/ft2)does not exceed the recommended rate. ❑ A demonstration that the specified auxiliary power source is capable of powering all essential treatment units. L. Site Map(All Application Packages): E Per 15A NCAC 02T .0704(d), submit standard size and 11 x 17-inch site maps that have been signed, sealed and dated by a North Carolina licensed Professional Engineer and/or Professional Land Surveyor,and shall include at a minimum: E A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility-related structures and fences within the wastewater treatment,storage and infiltration areas. ❑ Soil mapping units shown on all infiltration sites. E The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs,lakes,ponds,and other surface drainage features within 500 feet of all wastewater treatment, storage and infiltration sites. E Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and.0108. E Setbacks as required by 15A NCAC 02T.0706. E Site property boundaries within 500 feet of all wastewater treatment,storage and infiltration sites. E All habitable residences or places of public assembly within 500 feet of all treatment,storage and infiltration sites. NOTE—For clarity,multiple site maps of the facility with cut sheet annotations may be submitted. M. Power Reliability Plan(All Application Packages): ❑ Per 15A NCAC 02T.0705(k),submit documentation of power reliability that shall consist of at a minimum: E An automatically activated standby power supply onsite that is capable of powering all essential treatment units under design conditions,OR > Approval from the Director that the facility: ❑ Serves a private water distribution system that has automatic shut-off during power failures and has no elevated water storage tanks, ❑ Has sufficient storage capacity that no potential for overflow exists,and ❑ Can tolerate septic wastewater due to prolonged detention. INSTRUCTIONS FOR FORM:HRIS 06-16&SUPPORTING DOCUMENTATION Page 4 of 6 N. Operation and Maintenance Plan(All Application Packages): E Per 15A NCAC 02T.0707,submit an operation and maintenance(O&M)plan encompassing all wastewater treatment,storage and infiltration systems that shall include at a minimum a description of: E Operation of the wastewater treatment, storage and infiltration systems in sufficient detail to show what operations are necessary for the system to function and by whom the functions are to be conducted. ❑ Anticipated maintenance of the wastewater treatment,storage and infiltration systems. ❑ Safety measures,including restriction of access to the site and equipment. ❑ Spill prevention provisions such as response to upsets and bypasses,including how to control,contain and remediate. ❑ Contact information for plant personnel,emergency responders and regulatory agencies. NOTE—A fmal O&M Plan shall be submitted with the partial and/or fmal Engineering Certification required under 15A NCAC 02T.0116,however,a preliminary O&M Plan shall be submitted with each application package. O. Residuals Management Plan(All Application Packages with new,expanding or replacement wastewater treatment systems): ❑ Per 15A NCAC 02T.0704(j)and.0708,submit a Residuals Management Plan that shall include at a minimum: ❑ A detailed explanation of how generated residuals(including trash,sediment and grit)will be collected,handled,processed, stored,treated,and disposed. ❑ An evaluation of the treatment facility's residuals storage requirements based upon the maximum anticipated residuals production rate and ability to remove residuals. ❑ A permit for residuals utilization or a written commitment to the Applicant from a Permittee of a Department approved residuals disposal/utilization program that has adequate permitted capacity to accept the residuals or has submitted a residuals/utilization program application. ❑ If oil/grease removal and collection are a designed unit process, submit an oil/grease disposal plan detailing how the oil/grease will be collected,handled,processed,stored and disposed. NOTE—Per 15A NCAC 02T.0705(n),a minimum of 30 days of residual storage shall be provided. NOTE—Per 15A NCAC 02T.0704(j),a written commitment to the Applicant from a Permittee of a Department approved residuals disposal/utilization program is not required at the time of this application,however,it shall be provided prior to operation of any permitted facilities herein. NOTE —If an on-site restaurant or other business with food preparation is contributing wastewater to this system, an oil/grease disposal plan shall be submitted. P. Additional Documentation: ➢ Certificate of Public Convenience and Necessity(All Application Packages for Privately-Owned Public Utilities): ❑ Per 15A NCAC 02T.0115(a)(1)and.0704(g),provide the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the wastewater treatment and high-rate infiltration system,or ❑ Provide a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an application for a franchise has been received and that the service area is contiguous to an existing franchised area or that franchise approval is expected. ➢ Existing Permit(All Modification Packages): ❑ Submit the most recently issued existing permit. ❑ Provide a list of any items within the permit the Applicant would like the Division to address during the permit modification (i.e.,compliance schedules,permit description,monitoring,permit conditions,etc.). ➢ Final Environmental Document (All Application Packages using public monies or lands subject to the North Carolina Environmental Policy Act under 15A NCAC 01C.0100 to .0400): ❑ Per 15A NCAC 02T .0105(c)(4), submit one copy of the environmental assessment and three copies of the final environmental document(i.e.,Finding of No Significant Impact or Record of Decision). ❑ Include information on any mitigating factors from the Environmental Assessment that impact the design and/or construction of the wastewater treatment and high-rate infiltration system. ➢ Floodway Regulation Compliance (All Application Packages where any portion of the wastewater treatment, storage and infiltration system is located within the 100-year floodplain): ❑ Per 15A NCAC 02T .0105(c)(8), provide written documentation from all local governing entities that the facility is in compliance with all local ordinances regarding construction or operation of wastewater treatment and/or disposal facilities within the floodplain. INSTRUCTIONS FOR FORM:HRIS 06-16&SUPPORTING DOCUMENTATION Page 5 of 6 P. Additional Documentation(continued): ➢ Operational Agreements (All Application Packages for Home/Property Owners' Associations and Developers of lots to be sold): ➢ Home/Property Owners' Associations E Per 15A NCAC 02T.0115(c),submit the properly executed Operational Agreement(FORM:HOA). E Per 15A NCAC 02T.0115(c),submit the proposed or approved Articles of Incorporation,Declarations and By-laws. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T.0115(b),submit the properly executed Operational Agreement(FORM:DEV). ➢ Threatened or Endangered Aquatic Species Documentation(All Application Packages): ❑ Per 15A NCAC 02T.0105(c)(10),submit documentation from the Department's Natural Heritage Program demonstrating the presence or absence of threatened or endangered aquatic species within the boundary of the wastewater treatment, storage and infiltration facilities. ❑ If the facility directly impacts such species,this documentation shall provide information on the need for permit conditions pursuant to 15A NCAC 02B .0110. ➢ Wastewater Chemical Analysis(All Application Packages treating Industrial Waste): ❑ Per 15A NCAC 02T .0704(h), provide a complete Division certified laboratory chemical analysis of the effluent to be infiltrated for the following parameters(For new facilities,an analysis from a similar facility's effluent is acceptable): ❑Ammonia Nitrogen(NH3-N) ❑Nitrate Nitrogen(NO3-N) ❑ Total Organic Carbon ❑Calcium ❑pH ❑ Total Phosphorus ❑Chemical Oxygen Demand(COD) ❑Phenol ❑ Total Trihalomethanes ❑Chloride ❑ Sodium ❑ Total Volatile Organic Compounds ❑Fecal Coliform ❑ Sodium Adsorption Ratio(SAR) ❑ Toxicity Test Parameters ❑ 5-day Biochemical Oxygen Demand(BOD5) ❑ Total Dissolved Solids ❑Magnesium ❑ Total Kjeldahl Nitrogen(TKN) THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON-DISCHARGE PERMITTING UNIT By U.S.Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N.SALISBURY ST. RALEIGH,NORTH CAROLINA 27699-1617 RALEIGH,NORTH CAROLINA 27604 TELEPHONE NUMBER: (919)807-6464 FAX NUMBER: (919)807-6496 INSTRUCTIONS FOR FORM:HRIS 06-16&SUPPORTING DOCUMENTATION Page 6 of 6 State of North Carolina DWR Department of Environmental Quality Division of Water Resources 15A NCAC 02T.0700—HIGH-RATE INFILTRATION SYSTEMS Division of Water Resources FORM:HRIS 06-16 I. APPLICANT INFORMATION: 1. Applicant's name: Genesis Condominium Owners Association 2. Applicant type: ❑ Individual ®Corporation ❑General Partnership ❑ Privately-Owned Public Utility ❑Federal ❑ State ❑Municipal ❑ County 3. Signature authority's name: Grady Fulcher per 15A NCAC 02T .0106(b) Title:Property Manager 4. Applicant's mailing address: P.O.Box 1154 City: Atlantic Beach State:NC Zip: 28512- 5. Applicant's contact information: Phone number: (252)247-4017 Email Address:grady@beaconsreach.net II. FACILITY INFORMATION: 1. Facility name: Genesis Condominiums Wastewater Treatment Plant 2. Facility status: Existing 3. Facility type: Major(> 10,000 GPD or>300 disposal acres) 4. Facility's physical address: 301 Salter Path Road City: Pine Knoll Shores State:NC Zip: 28512- County: Carteret 5. Wastewater Treatment Facility Coordinates(Decimal Degrees): Latitude: 34.695039° Longitude: -76.820914° Datum:NAD83 Level of accuracy:Nearest 10 seconds Method of measurement: Map interpretation by extraction 6. USGS Map Name:Mansfield III. CONSULTANT INFORMATION: 1. Professional Engineer: John F.Phillips,PE License Number: 10130 Firm: Diehl&Phillips Mailing address: 1500 Piney Plains Road,Suite 200 City: Cary State:NC Zip: 27518- Phone number: (919)467-9972 Email Address:jfphillips@bellsouth.net 2. Soil Scientist: License Number: Firm: Mailing address: City: State: Zip: - Phone number: ( )= Email Address: 3. Geologist: License Number: Firm: Mailing address: City: State: Zip: - Phone number: ( )= Email Address: 4. Agronomist: Firm: Mailing address: City: State: Zip: - Phone number: ( )= Email Address: FORM: HRIS 06-16 Page 1 of 13 IV. GENERAL REQUIREMENTS—15A NCAC 02T.0100: 1. Application type: ❑New ❑Major Modification ®Minor Modification If a modification,provide the existing permit number:WQ0006863 and most recent issuance date: 2. Application fee: $0-Standard-Minor Modification 3. Does this project utilize public monies or lands? ❑Yes or®No If yes,was an Environmental Assessment required under 15A NCAC 01C? ❑Yes or❑No If yes,which final environmental document is submitted? ❑Finding of No Significant Impact or❑Record of Decision Briefly describe any mitigating factors from the Environmental Assessment that may impact this facility: 4. What is the status of the following permits/certifications applicable to the subject facility? Permit/Certification Date Date Permit/Certification Agency Reviewer Submitted Approved Number Collection System(Q>200,000 GPD) Dam Safety Erosion&Sedimentation Control Plan Nationwide 12/Section 404 Pretreatment Sewer System Stormwater Management Plan Wetlands 401 Other: 5. What is the wastewater type? ® Domestic or Industrial(See 15A NCAC 02T.0103(20)) Is there a Pretreatment Program in effect? Ill or❑No > Has a wastewater chemical analysis been submitted? ❑Yes or❑No 6. Wastewater flow: 24,000 GPD Limited by: ® Treatment, ❑ Storage, ❑Field/Basin Hydraulics, ❑Field Agronomics or❑ Groundwater Mounding 7. Explain how the wastewater flow was determined: ® 15A NCAC 02T.0114 or❑Representative Data Has a flow reduction been approved under 15A NCAC 02T.0114(f)? ❑Yes or®No Establishment Type Daily Design Flow a No.of Units Flow Condominiums 120 gal/day/bedroom 200 24,000 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 24,000 GPD a See 15A NCAC 02T .0114(b), (d),(e)(1)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). FORM: HRIS 06-16 Page 2 of 13 IV. GENERAL REQUIREMENTS—15A NCAC 02T.0100(continued): 8. What is the nearest 100-year flood elevation to the facility?6 feet mean sea level. Source:FEMA Mapping Are any treatment,storage or infiltration facilities located within the 100-year flood plain? ❑Yes or®No IIf yes,which facilities are affected and what measures are being taken to protect them against flooding? If yes,has the Applicant submitted written documentation of compliance with§143 Article 21 Part 6? ❑Yes or❑No 9. Has the Applicant provided documentation of the presence or absence of threatened or endangered aquatic species utilizing information provided by the Department's Natural Heritage Program? ❑Yes or®No 10. Does the facility have a proposed or existing groundwater monitoring well network? ®Yes or❑No If no,provide an explanation as to why a groundwater monitoring well network is not proposed: If yes,complete the following table(NOTE—This table may be expanded for additional wells): Well Name Status Latitude a Longitude a Gradient Location MW-1 Active 34.695047° -76.821644° Up Gradient On Review Boundary MW-2 Active 34.695008° -76.821869° Up Gradient Inside Review Boundary MW-3 Active 34.694311° -76.821242° Down Gradient Outside Compliance Bow MW-4 Active 34.694858° -76.821733° Down Gradient On Compliance Boundan Select . 0 - . 0Select Select Select . 0 - . 0Select Select Select . 0 - . 0Select Select Select . 0 - . 0Select Select Select . 0 - . 0Select Select Select . 0 - . 0Select Select a Provide the following latitude and longitude coordinate determination information: Datum:NAD83 Level of accuracy:Nearest second Method of measurement: Conversion from state coordinate plane 11. If the Applicant is a Privately-Owned Public Utility,has a Certificate of Public Convenience and Necessity been submitted? ❑Yes, No or®N/A 12. If the Applicant is a Developer of lots to be sold,has a Developer's Operational Agreement(FORM:DEV)been submitted? ❑Yes, No or®N/A 13. If the Applicant is a Home/Property Owners'Association,has an Association Operational Agreement(FORM:HOA)been submitted? ®Yes, No or❑N/A 14. Demonstration of historical consideration for permit approval— 15A NCAC 02T.0120: Has the Applicant or any parent,subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.6B? ❑Yes or®No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑Yes or®No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑Yes or®No d. Is non-compliant with an existing non-discharge permit,settlement agreement or order? ❑Yes or®No e. Has unpaid annual fees in accordance with 15A NCAC 02T.0105(e)(2)? ❑Yes or®No FORM: HRIS 06-16 Page 3 of 13 V. WASTEWATER TREATMENT FACILITY DESIGN CRITERIA—15A NCAC 02T.0705: 1. For the following parameters,provide the estimated influent concentrations and designed effluent concentrations as determined in the Engineering Calculations,and utilized in the Agronomic Evaluation and Groundwater Modeling(if applicable): Parameter Estimated Influent Concentration Designed Effluent Concentration (monthly average) Ammonia Nitrogen(NH3-N) 40 mg/L 4 mg/L Biochemical Oxygen Demand(BOD5) 240 mg/L 10 mg/L Fecal Coliforms 14 per 100 mL Nitrate Nitrogen(NO3-N) <1 mg/L mg/L Nitrite Nitrogen(NO2-N) <1 mg/L mg/L Total Kjeldahl Nitrogen mg/L Total Nitrogen 45 mg/L mg/L Total Phosphorus 8 mg/L mg/L Total Suspended Solids(TSS) 220 mg/L 20 mg/L 2. Is flow equalization of at least 25%of the average daily flow provided? ®Yes or❑No 3. Does the treatment facility include any bypass or overflow lines? ❑Yes or®No If yes,describe what treatment units are bypassed,why this is necessary,and where the bypass discharges: 4. Are multiple pumps provided wherever pumps are used? ®Yes or❑No If no,how does the Applicant intend on complying with 15A NCAC 02T.0705(j)? 5. Check the appropriate box describing how power reliability will be provided in accordance with 15A NCAC 02T.0705(k): ® Automatically activated standby power supply onsite capable of powering all essential treatment units;or ❑ Approval from the Director that the facility: ➢ Has a private water supply that automatically shuts off during power failures and does not contain elevated water storage tanks; ➢ Has sufficient storage capacity that no potential for overflow exists;and ➢ Can tolerate septic wastewater due to prolonged detention. 6. If the wastewater treatment system is located within the 100-year flood plain,are there water-tight seals on all treatment units or a minimum of two feet protection from the 100-year flood plain elevation? ❑Yes, ❑No or®N/A 7. In accordance with 15A NCAC 02T.0705(n),how many days of residuals storage are provided? 30 8. How does the Applicant propose to prohibit public access to the wastewater treatment and storage facilities?Site is fenced 9. If an influent pump station is part of the proposed facility(i.e.,within the wastewater treatment plant boundary),does the influent pump station meet the design criteria in 15A NCAC 02T.0305(h)? ®Yes, ❑No, ❑N/A—To be permitted separately,or❑N/A—Gravity fed 10. If septic tanks are part of the wastewater treatment facility,do the septic tanks adhere to the standards in 15A NCAC 18A .1900?®Yes, ❑No or❑N/A FORM: HRIS 06-16 Page 4 of 13 V. WASTEWATER TREATMENT FACILITY DESIGN CRITERIA—15A NCAC 02T.0705(continued): 11. Provide the requested treatment unit and mechanical equipment information: a. PRELIMINARY/PRIMARY TREATMENT(i.e.,physical removal operations and flow equalization): Treatment Unit No.of Manufacturer or Dimensions(ft)/ Volume Plan Sheet Specification Units Material Spacings(in) (gallons) Reference Reference Flow Equalization 1 Fiberglass 7'-3" dia. x 29'-1.5" 8,000 1 Existing Select Select Select Select b. SECONDARY/TERTIARY TREATMENT(i.e.,biological and chemical processes to remove organics and nutrients) Treatment Unit No.of Manufacturer Dimensions Volume Plan Sheet Specification Units or Material (ft) (gallons) Reference Reference 10'-0"dia.x Sequencing Batch Reactor(SBR) 2 Walden 29'-1.5" 15,000 1 Existing Select Select Select Select Select Select Select c. DISINFECTION No.of Manufacturer or Volume Plan Sheet Specification Treatment Unit Dimensions(ft) Units Material (gallons) Reference Reference Ultraviolet 3 Atlantic Ultraviolet 5.5"dia.x 48" 4.94 1 Corp. Select ➢ If chlorination is the proposed method of disinfection,specify detention time provided: minutes(NOTE—30 minutes minimum required),and indicate what treatment unit chlorine contact occurs: ➢ If ultraviolet(UV)light is the proposed method of disinfection,specify the number of banks: 3,number of lamps per bank: 1 and maximum disinfection capacity: 80 GPM. d. RESIDUAL TREATMENT No.of Manufacturer or Volume Plan Sheet Specification Treatment Unit Dimensions(ft) Units Material (gallons) Reference Reference Aerobic Digester 1 Concrete 12'L x 6W'x 7.17' 3400 1 Existing Select FORM: HRIS 06-16 Page 5 of 13 V. WASTEWATER TREATMENT FACILITY DESIGN CRITERIA—15A NCAC 02T.0705(continued): e. PUMPS Location No.of Purpose Manufacturer/ Capacity Plan Sheet Specification Pumps Type GPM TDH Reference Reference Influent PS 2 Transfer influent to Submersible Exist. FE tank Flow Eq.Tank 2 Pump to SBRs Submersible Exist Decant pumps in 2 Pump to UV Submersible Exist. SBRs Sludge pumps in 2 Pump to Sludge Submersible Exist. SBRs Holding Tank Effluent Pumps 2 Pump to Infiltration Submersible Exist. Areas Anoxic Zone Pumps 2 Recycle within SBR Submersible Exist. f. BLOWERS No.of Manufacturer/ Capacity Plan Sheet Specification Location Blowers Units Served Type (CFM) Reference Reference 25'to 35'from SBRs 2 SBRs,Flow EQ.,and Exist Sludge Holding Tank g. MIXERS No.of Manufacturer/ Power Plan Sheet Specification Location Mixers Units Served Type (hp) Reference Reference h. RECORDING DEVICES&RELIABILITY No.of Maximum Plan Sheet Specification Device Units Location Manufacturer Capacity Reference Reference Auxiliary Generator 1 On Site Cummins Exist One on pipe to Effluent Flow Measuring Device 2 each rotary distributor Select Select i. EFFLUENT PUMP/DOSING TANK(IF APPLICABLE): FORM: HRIS 06-16 Page 6 of 13 Plan Sheet Specification Reference Reference Internal dimensions(L x W x H or cp x H) 12 ft 6 ft 6.33 ft 1 Total volume ft3 3000 gallons 1 Dosing volume ft3 1257 gallons 1 Audible&visual alarms Equipment to prevent infiltration during rain events(if applicable) FORM: HRIS 06-16 Page 7 of 13 VI. EARTHEN STORAGE IMPOUNDMENT DESIGN CRITERIA—15A NCAC 02T.0705: IF MORE THAN ONE IMPOUNDMENT,PROVIDE ADDITIONAL COPIES OF THIS PAGE AS NECESSARY. 1. What is the earthen impoundment type?Select 2. Storage Impoundment Coordinates(Decimal Degrees): Latitude: . ° Longitude:- . ° Datum: Select Level of accuracy: Select Method of measurement: Select 3. Do any impoundments include a discharge point(pipe,spillway,etc)? ❑Yes or❑No 4. Are subsurface drains present beneath or around the impoundment to control groundwater elevation? ❑Yes or❑No 5. Is the impoundment designed to receive surface runoff? ❑Yes or❑No If yes,what is the drainage area? ft2,and was this runoff incorporated into the water balance? ❑Yes or❑No 6. If a liner is present,how will it be protected from wind driven wave action?: 7. Will the earthen impoundment water be placed directly into or in contact with GA classified groundwater? ❑Yes or❑No If yes,has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a contravention of GA groundwater standards? ❑Yes or❑No 8. What is the depth to bedrock from the earthen impoundment bottom elevation? ft If the depth to bedrock is less than four feet,has the Applicant provided a liner with a hydraulic conductivity no greater than 1 x 10-'cm/s? ❑Yes, 11 No or❑N/A > Has the Applicant provided predictive calculations or modeling demonstrating that surface water or groundwater standards will not be contravened? ❑Yes or❑No If the earthen impoundment is excavated into bedrock,has the Applicant provided predictive calculations or modeling demonstrating that surface water or groundwater standards will not be contravened? ❑Yes, ❑No or❑N/A 9. If the earthen impoundment is lined and the mean seasonal high water table is higher than the impoundment bottom elevation,how will the liner be protected(e.g.,bubbling,groundwater infiltration,etc.)? 10. If applicable,provide the specification page references for the liner installation and testing requirements: 11. If the earthen impoundment is located within the 100-year flood plain,has a minimum of two feet of protection(i.e.,top of embankment elevation to 100-year flood plain elevation)been provided? ❑Yes or❑No 12. Provide the requested earthen impoundment design elements and dimensions: Earthen Impoundment Design Elements Earthen Impoundment Dimensions Liner type: Clay Synthetic❑ Top of embankment elevation: ft ❑ Other ❑Unlined Liner hydraulic conductivity: x - cm/s Freeboard elevation: ft Hazard class: Select Toe of slope elevation: ft Designed freeboard: ft Impoundment bottom elevation: ft Total volume: ft3 gallons Mean seasonal high water table depth: ft Effective volume: ft3 gallons Embankment slope: • Effective storage time: days Top of dam water surface area: ft2 Plan Sheet Reference: Freeboard elevation water surface area: ft2 Specification Section: Bottom of impoundment surface area: ft2 NOTE—The effective volume shall be the volume between the two foot freeboard elevation and the:(1)pump intake pipe elevation;(2)impoundment bottom elevation or(3)mean seasonal high water table,whichever is closest to the two foot freeboard elevation. FORM: HRIS 06-16 Page 8 of 13 VII. INFILTRATION SYSTEM DESIGN CRITERIA—15A NCAC 02T.0705: 1. Provide the minimum depth to the seasonal high water table within the infiltration area:Two Existing Infiltration Areas with Rotary Distributors will continue to be used NOTE—The vertical separation between the seasonal high water table and the ground surface shall be at least one foot. 2. Are there any artificial drainage or water movement structures(e.g.,surface water or groundwater)within 200 feet of the infiltration area? ❑Yes or❑No If yes,were these structures addressed in the Soil Evaluation and/or Hydrogeologic Report,and are these structures to be maintained or modified? 3. Soil Evaluation recommended loading rates(NOTE—This table may be expanded for additional soil series): Basins/Fields Recommended Recommended Recommended Annual/ If Seasonal,list Soil Series within Soil Loading Rate Loading Rate Loading Rate Seasonal appropriate Series (in/hr) (in/yr) (GPD/ft2) Loading months Select Select Select Select Select Select 4. Are the designed loading rates less than or equal to Soil Evaluation recommended loading rates? ❑Yes or❑No If no,how does the Applicant intend on complying with 15A NCAC 02T.0705(m)? 5. How does the Applicant propose to prohibit public access to the infiltration facilities?site is fenced 6. Has the infiltration system been equipped with a flow meter to accurately determine the volume of effluent applied to each basin/field as listed in VII.8.? ®Yes or❑No If no,how does the Applicant intend on determining the amount of effluent applied to each basin/field? 7. For non-basins,provide the required cover crop information and demonstrate the effluent will be applied at or below agronomic rates: Cover Crop Soil Series %Slope Nitrogen Uptake Rate Phosphorus Uptake (lbs/ac•yr) Rate(lbs/ac•yr) a. Specify where the nitrogen and phosphorus uptake rates for each cover crop were obtained: b. Proposed nitrogen mineralization rate: c. Proposed nitrogen volatilization rate: d. Minimum infiltration area from the Agronomist Evaluation's nitrogen balance: ft2 e. Minimum infiltration area from the Agronomist Evaluation's phosphorus balance: ft2 f. Minimum infiltration area from the water balance: ft2 FORM: HRIS 06-16 Page 9 of 13 VII. INFILTRATION SYSTEM DESIGN CRITERIA—15A NCAC 02T.0705(continued): 8. Basin/Field Information(NOTE—This table may be expanded for additional fields): Designed Designed Designed Basin/ Area Dominant Loading Loading Loading Waterbody Field (acres) Soil Series Rate Rate Rate Latitude a Longitude a Stream Classification (in/hr) (in/yr) (GPD/ft2) Index No.b o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 Total 1 a Provide the following latitude and longitude coordinate determination information: Datum: Select Level of accuracy: Select Method of measurement: Select b For assistance determining the waterbody stream index number and its associated classification,instructions may be downloaded at:http://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications 9. High-Rate Infiltration System design criteria: a. Infiltration Fields: Spray Infiltration Design Elements Drip Infiltration Design Elements Nozzle wetted diameter: ft Emitter wetted area: ft2 Nozzle wetted area: ft2 Distance between laterals: ft Nozzle capacity: GPM Distance between emitters: ft Nozzle manufacturer/model: / Emitter capacity: GPH Elevation of highest nozzle: ft Emitter manufacturer/model: / Specification Section: Elevation of highest emitter: ft Specification Section: FORM: HRIS 06-16 Page 10 of 13 VII. INFILTRATION SYSTEM DESIGN CRITERIA—15A NCAC 02T.0705(continued): b. Infiltration Basins: IF MORE THAN TWO BASINS,PROVIDE ADDITIONAL COPIES OF THIS PAGE AS NECESSARY. Infiltration Basin Design Elements Infiltration Basin Dimensions Basin Name: Top of embankment elevation: ft Hazard class: Select Freeboard elevation: ft Designed freeboard: ft Toe of slope elevation: ft Total volume: ft3 Impoundment bottom elevation: ft Infiltrative surface area: ft2 Mean seasonal high water table depth: ft Daily infiltrative capacity: GPD Embankment slope: • Plan Sheet Reference: Top of dam water surface area: ft2 Specification Section: Freeboard elevation water surface area: ft2 Bottom of impoundment surface area: ft2 i. Does this basin include a discharge point(pipe,spillway,etc)? ❑Yes or❑No ii. Are subsurface drains present around the impoundment to control groundwater elevation? ❑Yes or❑No iii. Is the basin designed to receive surface runoff? ❑Yes or❑No If yes,what is the drainage area? ft2,and was this runoff incorporated into the loading rate? ❑Yes or❑No iv. Will the effluent be placed directly into or in contact with GA classified groundwater? ❑Yes or❑No If yes, has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a contravention of GA groundwater standards? ❑Yes or❑No v. If the infiltration basin is located within the 100-year flood plain,has a minimum of two feet of protection(i.e.,top of embankment elevation to 100-year flood plain elevation)been provided? ❑Yes or❑No Infiltration Basin Design Elements Infiltration Basin Dimensions Basin Name: Top of embankment elevation: ft Hazard class: Select Freeboard elevation: ft Designed freeboard: ft Toe of slope elevation: ft Total volume: ft3 Impoundment bottom elevation: ft Infiltrative surface area: ft2 Mean seasonal high water table depth: ft Daily infiltrative capacity: GPD Embankment slope: Plan Sheet Reference: Top of dam water surface area: ft2 Specification Section: Freeboard elevation water surface area: ft2 Bottom of impoundment surface area: ft2 i. Does this basin include a discharge point(pipe,spillway,etc)? ❑Yes or❑No ii. Are subsurface drains present around the impoundment to control groundwater elevation? ❑Yes or❑No iii. Is the basin designed to receive surface runoff? ❑Yes or❑No If yes,what is the drainage area? ft2,and was this runoff incorporated into the loading rate? ❑Yes or❑No iv. Will the effluent be placed directly into or in contact with GA classified groundwater? ❑ Yes or❑No If yes, has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a contravention of GA groundwater standards? ❑Yes or❑No v. If the infiltration basin is located within the 100-year flood plain,has a minimum of two feet of protection(i.e.,top of embankment elevation to 100-year flood plain elevation)been provided? ❑Yes or❑No FORM: HRIS 06-16 Page 11 of 13 VIII. SETBACKS—15A NCAC 02T.0706: 1. Does the project comply with all setbacks found in the river basin rules(15A NCAC 02B .0200)? ®Yes or❑No If no,list non-compliant setbacks: 2. Have any setback waivers been obtained in order to comply with 15A NCAC 02T.706(a)and.0706(d)? ❑Yes or®No If yes,have these waivers been written,notarized and signed by all parties involved and recorded with the County Register of Deeds? ❑Yes or❑No 3. Provide the minimum field observed distances(ft)for each setback parameter to the infiltration system and treatment/storage units(NOTE—Distances greater than 500 feet may be marked N/A): Setback Parameter Infiltration Treatment/ System Storage Units Any habitable residence or place of assembly under separate ownership or not to be 50 54 maintained as part of the project site Any habitable residence or place of assembly owned by the Permittee to be maintained as NA part of the project site Any private or public water supply source NA NA Surface waters(streams—intermittent and perennial,perennial waterbodies,and wetlands) NA NA Groundwater lowering ditches(where the bottom of the ditch intersects the SHWT) NA Subsurface groundwater lowering drainage systems NA Surface water diversions(ephemeral streams,waterways, ditches) 40 Any well with exception of monitoring wells NA NA Any property line 21 1 5 Top of slope of embankments or cuts of two feet or more in vertical height 40 Any water line from a disposal system 63 Any swimming pool 155 Public right of way 21 Nitrification field 300 Any building foundation or basement 50 Impounded public water supplies NA Public shallow groundwater supply(less than 50 feet deep) NA 4. Does the Applicant intend on complying with either 15A NCAC 02T.0706(b)or(c)? ❑Yes or®No If yes,what are the designed Total Nitrogen and Total Phosphorus effluent concentrations?TN: mg/L TP: mg/L 5. Does the Applicant intend on complying with the High-Rate Policy issued October 27,2006? ❑Yes or®No If yes,verify the following information: ✓ Are the most stringent effluent standards in both 15A NCAC 02T .0705(b) and 15A NCAC 02U .0301(b) met? Yes or No ✓ Is duality provided for all treatment units per 15A NCAC 02U.0402(c)? ❑Yes or❑No ✓ Continuous online monitoring and recording of effluent for turbidity? ❑Yes or❑No ✓ A lined 5-day upset pond is provided? ❑Yes or❑No ✓ The 5-day upset pond has restricted access? ❑Yes or❑No ✓ A certified operator of a grade equal or greater than the facility classification is on call 24 hrs/day? ❑Yes or❑No FORM: HRIS 06-16 Page 12 of 13 IX. COASTAL WASTE TREATMENT DISPOSAL REQUIREMENTS—15A NCAC 02H.0400: 1. Is this facility located in a Coastal Area as defined per 15A NCAC 02H.0403? ®Yes or❑No For assistance determining if the facility is located within the Coastal Area, a reference map may be downloaded at: Coastal Areas Boundary. 2. Is this an Interim Treatment and Disposal Facility per 15A NCAC 02H.0404(g)? ®Yes or❑No NOTE—Interim facilities do not include County and Municipal area-wide collection and treatment systems. IF ANSWERED YES TO ITEMS IX.1.AND IX.2.,THEN COMPLETE ITEMS IX.3.THROUGH IX.16. 3. Is equalization of at least 25%of the average daily flow provided? ®Yes or❑No 4. How will noise and odor be controlled?closed tanks,blowers have sound attenuating enclosures 5. Is an automatically activated standby power source provided? ®Yes or❑No 6. Are all essential treatment units provided in duplicate? ®Yes or❑No NOTE — Per 15A NCAC 02T .0103(16), essential treatment units are defined as any unit associated with the wastewater treatment process whose loss would likely render the facility incapable of meeting the required performance criteria,including aeration units or other main treatment units,clarification equipment,filters,disinfection equipment,pumps and blowers. 7. Are the disposal units(i.e.,infiltration basins/fields)provided in duplicate? ®Yes or❑No 8. Is there an impounded public surface water supply within 500 feet of the infiltration area? ❑Yes or®No 9. Is there a public shallow groundwater supply(less than 50 feet deep)within 500 feet of the infiltration area? ❑Yes or®No 10. Is there a private groundwater supply within 100 feet of the infiltration area? ❑Yes or®No 11. Are there any SA classified waters within 100 feet of the infiltration area? ❑Yes or®No 12. Are there any non-SA classified waters within 50 feet of the infiltration area? ❑Yes or®No 13. Are there any surface water diversions(i.e.,drainage ditches)within 25 feet of the infiltration area? ❑Yes or®No 14. Per the requirements in 15A NCAC 02H .0404(g)(7),how much green area is provided?Rule repealed in 2020 ft2 15. Is the green area clearly delineated on the plans? ❑Yes or®No 16. Is the Gray infiltration wetted area within 200 feet of any adjoining properties? ❑Yes, ❑No or®N/A X. GROUNDWATER LOWERING SYSTEM DESIGN: 1. Does this project utilize a groundwater lowering system? ❑Yes or®No(If yes,complete Items X.2.through X.4.) 2. Is the groundwater lowering system: ❑mechanically lowered(i.e.,pumped)or❑ gravity fed? 3. Where does the groundwater lowering drainage system discharge? If the system mechanically lowers groundwater and discharges directly or indirectly (i.e.,pond overflow)to surface waters, wetlands and/or stormwater structures,provide the date the Applicant obtained written confirmation from the Water Quality Regional Operations Section that operation of the groundwater lowering drainage system will not adversely affect surface waters of the State. Submitted: &Received: 4. Groundwater lowering system design criteria: Groundwater Lowering System Design Pipe diameter: in Discharge rate: GPD Pipe material: Method to measure discharge rate: Pipe depth: ft Number of pumps: Pipe length: ft Pump capacity: GPM TDH Pipe slope(gravity-fed): % Plan Sheet Reference: Trench backfill material: Specification Section: FORM: HRIS 06-16 Page 13 of 13 Professional Engineer's Certification: 1. John F. Phillips, P.E. attest that this application for (Professional Engineer's name from Application Item 111.1.) Genesis Condominiums Wastewater Treatment Plant (Facility 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 this application package and its instructions,as well as all applicable regulations and statutes. 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. North Carolina Professional Engineer's seal,signature,and date: ,•% CARa�,',,, ( c2 Arrr •.tGItws, Applicant's Certification per 15A NCAC 02T.0106(b): I, Grady Fulchert Property Manager .. attest that this application for (Signature Authority's name&title from Application Item I.3.) Genesis Condominiums Wastewater Treatment Plant (Facility name from Application Item II.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. 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. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime,has not abandoned a wastewater facility without proper closure,does not have an outstanding civil penalty where all appeals have been exhausted or abandoned,are compliant with any active compliance schedule,and do not have any overdue annual fees per 15A NCAC 02T.0105(e). NOTE —In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation. Signature: Date: CD 121 FORM: HRIS 06-16 Page 14 of 13 -sc(616)•S R 00,alms.SNIV'IdA Nid OSI p dNI'1021VJHZ2ION"AZNROJZ NZ2Id, [ zcccL NmulmoD dJa .LL1IJdd,aom'Ld'32LL 9.LSb'M SLINIl'Ari Q3'17V,LSNI HSSM_ x � 1 - Fed SdIZTIHd22 THaIQ SwnlNunoaNODSISANAD INV7aL�NLVHAIAONV7a3LIS - w y OZ0�m j am>5 °0pz1 Ili''tA.-L : • mwxQ Ow4oza L till, z z z o F l ow4 0 F��0W zN �xx - wo • m OoF Owcnwyw x ,--wmOl dck.d ii,, .„ Fw�OOw - w . 5 I 1 in H • 1 H¢Z a oo P 0 _¢ 6 P* I ',, 2� PI • x &,( o 5z 1 • ' O "s_� riN <��d�.d�1 ,'N I I • �);. H z O I oN I -wy 0 1 •r . ii r , „,,, v-- \ ,• .,,,,,, , \ _.. / . ,. . �, §. I . . . \l' ' _. 0 • �FM�FM ,. =F • I • 1 I _ I I �� � • ; t� � �1 . I . L, ,,, .,,, \,,\,,,,,--,.. , I - . ,--.'"-. - i1 I II W II li go 1 II I --_ II REPLACEMENT UV UNITS FOR THE GENESIS CONDOMINIUMS WWTP The installed UV disinfection system utilizes three Sanitron S2400C closed tube units, as maufactured by Atlantic Ultraviolet Corporation. Each unit is rated to deliver a UV dose of 30,000 microwatts-seconds/square centimeter at a flow rate of 40 gallons per minute. The three units are connected in series, with two of the three units in operation at all times. The third unit provides the required redundancy. The ORC rotates the inactive unit to equalize the bulb usage. The permitted treatment plant flow of 30,500 gpd is equivalent to a flow rate of 21.3 gallons per minute. Using a design peaking factor of 2.5, the peak flow rate would be 53 gallons per minute. With two active UV systems, the effective dosage would be increased by a factor of: (40+40)/53 = 1.51 30,000 x 1.51 = 45,300 microwatt-seconds/square centimeter Based on the operating experience of these units and the typical effluent quality, these units have been sufficient for this application. The three S2400C units were installed in September 2018, after Hurricane Florence struck the Pine Knoll Shores area. The originally installed UV units (two units, each rated for 62 gpm) were damaged by falling debris from the hurricane. The ORC and permittee assumed the installation of the three 52400C units would be viewed as a like for like equipment replacement, and did not request a Minor Modication for the permit at that time. The following pages include the manufacturer's information for the installed UV units. Also attached is the manufacturer's O&M manual for the units. This manual will be added to the other O&M information for the treatment system. , n i EFINJTIFitriN ® ATLANTIC 1 ULTRAVIOLET ULTRAVIOLET WATER PURIFIERS CORPORATION I, f• i' . . )t; ','• 0 ,t ,,•„.,, i •4,.,t, /,... :fiq ' , .• / T.t.., 4100.1 51i011% ,. .• .- ..-:-‘,;..--,,:-;,....--.. ... f. ' - . ..., 4...4-.. ...-• ire.--.: .- J. 41. .... -, fp. • 4+ , Orkr . --..- 0 r" . •/ c • • ,--^ ::. . •. -1,-;!., Ji " .' ,/ -- -0 1 • ••., ., .- ,." --- 4 ' ' • , 11, • j• ..— .•- / t 'it.I r ., • - c-,--,' , ..... . . 1 I i A ., . —e ' 'int.;.01 ..;' -`•` - 4 PI! ---- • - .1'.• •t •Ui4ejetl ' r.1 i 0 ' „ or•'-' ' ..--4_,! .,eltr'l fl-'s., -' a,. .-: lt.),„,. ,.._ ,. ,,,.: ,,,,, ,.ir ., ii, . --, '1-:.4.----.• - ''" I Lit,h, Model S2400C ' - J-4:, 449' g n.- _• : 44 e 40 GPM ----'- : - -'' '..:t. •:: : . ......._•,-...r.'• ,. . --...... ._ -..,... ., , 41(, ' 0 4 aigioi i i I I II 1 " ! : I l W 1 I • 1 . ' ."( :i':•- II 4 1•4 4 ii. •• ilJ' — _ . — • . —- .til I . ;Pr• ULTRAVIOLET WATER PURIFIERS ADVANTAGES GERMICIDAL ULTRAVIOLET Effective Virtually all microorganisms are susceptible to SANITRON® ultraviolet disinfection. 1011 Economical % Hundreds of gallons are purified for Ultraviolet water purification is a unique each penny of operating cost. ► ;1/ and rapid method of water disinfection Safe without the use of heat or chemicals. No danger of overdosing, no f. addition of chemicals. 17 ® ® Ultraviolet Purifiers utilize Fast I germicidal ultraviolet lamps that produce Water is ready for use as soon as it leaves the purifier— no further • short wave radiation lethal to bacteria, contact time required. viruses and other microorganisms ___ige, Easy present in water. Simple installation and maintenance. Compact units Through the years ultraviolet technology require minimum space. Automatic has become well established as a Provides continuous or intermittent method of choice for effective and disinfection without special I economical water disinfection. attention or measurement. Chemical Freelit SANITRON® Ultraviolet Water Purifiers are No chlorine taste or corrosion the ideal solution for an ever growing problems. Versatile range of water treatment applications. Capacities available from 2 to 416 gallons per minute (g.p.m.). (For larger capacities please refer to our MEGATRONTM Ultraviolet Water Disinfection catalog.) III . 11111.111.11.1161.117ff -4,- i - I ;fig , M i` 11, '- 'LT;4':- - 913\ - i ji ,-,_-,' �1,1� Nji. leis • r�, ili „��J1. a �'� `x Model S23A ; 6 GPM "'�� . 1►^ Model S17A ATLANTIC ULTRAVIOLET 3 GPM m Model S14A CORPORATION 2GPM 2 - PRINCIPLE OF OPERATION ABOUT US - Since 1963, Atlantic Ultraviolet Corporation has pioneered the discovery and development of GERMICIDAL LAMP IN QUARTZ SLEEVE HEAD CLAMP beneficial uses of ultraviolet energy. ULTRAVIOLET RAYS ®OUTLET Over the years these efforts have REMOVEABLE INLET I led to the development of valuable, HEAD ®SIGHT-. , we i - PORT , 1 cost effective and environmentally EASY-OFF END CAP _ - sound techniques and products : WIPER ` �,,, now known and respected LOCK 7 e'j.i _r, .- throughout the world. a• *f _ - ®=` Atlantic Ultraviolet's application 1 -: A. �' :.. � specialists assist customers in the ®WIPER selection of germicidal lamps and KNOB DRAIN WIPER ROD ®PATENTED equipment. Their specialized STAINLESS WIPER STEEL MECHANISM knowledge is a valuable resource in CHAMBER Model formulating effective and cost- ELECTRICAL conscious ultraviolet solutions. ENCLOSURE Extensive inventories and a dedicated staff enable Atlantic Di The water enters the purifier and flows into the annular space between the quartz sleeve and the chamber wall. Ultraviolet to fulfill its commitment to © The wiper segments induce turbulence in the flowing liquid to provide fast deliveries and respon- assure uniform exposure of suspended microorganisms to the lethal ultraviolet rays. sive customer service. ® Translucent sight port provides positive indication of germicidal lamp operation. ® The wiper assembly facilitates periodic cleaning of the quartz sleeve without any disassembly or interruption of purifier operation. ® Water leaving the purifier is instantly ready for use. r ' Y - i •_1 ill ultraviolet■co 3 COMMERCIAL & INDUSTRIAL Flexibility System components are readily reconfigured to meet changing flow and process requirements. Shown with supplied Interconnect Piping, optional GuardianTM Digital Ultraviolet Independent Monitoring Monitor, Solenoid Valve, Flow Control Valve and customer supplied Piping, Union Single lamp chamber design and Shut Off Valve. enables separate output moni- toring of each ultraviolet lamp. Standby Capacity ■ �° _ Reserve chambers permit shut- � - _ _. down or replacement of individual components without interruption of i Illral 1i service. a Special Options ")7 Protective Coating - for seawater ;) & corrosive environments. .•P o l_--' Sanitary & Custom Fittings - for system compatibility. Special Model S5,000C Configurations - for TOC and 83 GPM ozone reduction. GALLONS GALLONS © © UNIT DIMENSIONS SHIPPING DATA MODEL PER PER INLET AND REPLACEMENT POWER (Inches) (lbs.) MINUTE HOUR OUTLET LAMP(S) CONSUMPTION Length Width Height Gross Wt. Net Wt. O S5,000C 83 5,000 2"NPT 05-131 I (2) 280 Watts 52'/8 17 15 I I 85 © S i 0,000C 166 10,000 2"NPT 05-131 1 (4) 560 Watts 52'/8 21 18 343/4 267 188 O S 15,000C 250 15,000 2"NPT 05-131 1 (6) 840 Watts 52'/8 21 18 538/4 400 263 S20,000C 333 20,000 2"NPT 05-131 1 (8) I I20 Watts 5218 21'/8 718/4 534 396 O S25,000C 416 25,000 2"NPT 05-1311 (10) 1400 Watts 5218 2118 908/4 670 520 °Two S2400C's connected in series,1 inlet and 1 outlet. • Maximum recommended operating pressure for all purifiers is 100 PSI. OO Two S5,000C's connected in parallel,2 inlets and 2 outlets. • Pressure drop at maximum recommended flow rate is less than 5 PSI. ()Three S5,000C's connected in parallel,3 inlets and 3 outlets. • Flow rates are based on Maximum Concentration Levels,shown on page 7. ®Four S5,000C's connected in parallel,4 inlets and 4 outlets. • 120 Volt 60 Hz and 220 Volt 50 Hz units are standard. ()Five S5,000C's connected in parallel,5 inlets and 5 outlets. • SANITRON®is available for operation on public power supplied throughout the world. ©All inlets and outlets are male pipe threads. • Consult factory with specific power requirements. ©Total power consumption including ballast loss. 11 ATLANTIC U ULTRAVIOLET CORPORATION 4 SPECIAL FEATURES QUICK LAMP CHANGE Exclusive Easy-Off 1M Retainer Cap enables effortless lamp replacement without shut down of water pressure or drainage of tank. No tools required. REMOVABLE FLANGED HEAD SIGHT PORT PLUG Units disassemble completely and Visible glow provides positive indication easily in the event that repairs are of germicidal lamp operation. necessary. No special tools or fixtures required. (Models 524000 and larger feature dual removable heads.) �1 Hat��I101+1 I Za • Model 52400C ` 40 GPM 0.003 WV IS: • LDRAIN PLUG Convenient, in-place drainage of purifier chamber. WIPER LOCK Locks wiper mechanism in retracted position. •-STAINLESS STEEL CONSTRUCTION Chamber, head and clamp are electropolished PATENTED DUAL ACTION and passivated stainless steel far an attractive WIPER MECHANISM finish and dependable service. Facilitates periodic cleaning of quartz (Models S17A, 823A, 537C, S50G, S2400C and sleeve without interruption of purifier larger are manufactured in Type 316 Stainless Steel, operation. No disassembly required. Model S14A is manufactured in Type 304 Complies with U.S. Public Health Guidelines. Stainless Steel.) INSTALLATION & MAINTENANCE The purifier is installed as close as possible to the point of use. Connection of the inlet and outlet to water supply and insertion of plug into 3-wire grounded outlet is all that is required. Ordinary maintenance consists of cleaning the quartz sleeve with the manual wiper once monthly or more frequently where conditions dictate. Lamp replacement is recommended every 10,000 hours of operation (approximately 14 months of continuous service). OPTIONAL MONITORING OPTIONS ACCESSORIES !IIMI The STERALERTT"lamp status alarm monitors visible light Audio Alarm Good emitted through the sight port plug of the water purifier and activates _ Activated by.the Sentry'" an audible alarm when visible light falls below acceptable levels. or Guardian -alerts user to any malfunction detected. 110 •Easy installation,no tools. •Monitors visible light only;does •Mounts on the sight port plug. not monitor ultraviolet intensity. •Warns of lamp or power failure. •Operates on a 9v battery or •Produces a high frequency optional 120v 60Hz Power d�' tone pulse at two to three Adapter,specify when ordering. cycles per second. •Available for use with all models. Elapsed Time Indicator Real-time,non-resettable display of accumulated Better The SENTRY" safety sensor provides constant monitoring tinoperating hours. of the water purifier's ballast and germicidal lamp operation.Indicator •—,!-- lights provide visual indication of ballast and germicidal lamp status. 11 •Easy installation. •Easily adaptable for use with 4—`IP •w^-•'m •Plug Sentry'into an electrical other water purifier brands. Solenoid Valves i-ill outlet,then plug water purifier •Available in 120v 50/60Hz and Operates with the ' into Sentry'. 220-240v 50/60Hz,specify IQ " Guardian" or Sentry," •� � • Operates optional Solenoid when ordering. r .a and prevents flow during Valve and/or Audio Alarm. •Available for use with all models. detected malfunctions. •Warns of lamp failure. Available in nylon or brass. Best Time Delay • -- Mechanism i r rr d Operates with Guardian"" '^I" 1 ii • '''�r"I or Sentry" and solenoid w tarr.....a..a._ wr — _ f�� Sd7�r"! w valve to provide a 2-minute •���{� warm-up period for lamp �� - MELON. Analog "- to achieve full germicidal output. Digital glikDigital Remote The GUARDIANTN Ultraviolet Monitor visually indicates the level of germicidal ultraviolet ter• ' r} Flow Control Valves energy that penetrates the quartz sleeve and the water within the disinfection chamber.The • Limits water flow to rated GUARDIAN'Ultraviolet Monitor is capable of operating an optional Audio Alarm and capacities.Available in PVC Solenoid Valve.In addition,the GUARDIAN"Ultraviolet Monitor will detect loss of ultraviolet and stainless steel. due to lamp outage,component or power failure.Use of the Ultraviolet Monitor is recommendedI lit by the US Public Health Service"Criteria for the Acceptability of an Ultraviolet Disinfection Unit". The GUARDIANT"Ultraviolet Monitor will detect reduction of ultraviolet levels due to: 1.Fouling or deposits on quartz sleeve. Wall Mounting Kit 2.Poor ultraviolet transmission through the water.(Color,turbidity,organic or other impurities in Stainless steel material the water can reduce or interfere with the transmission of ultraviolet rays.) provides professional finish. 3.Depreciation of lamp output due to usage or other cause.(Lamp output gradually depreciates Pre-drilled and ready for with use.Lamp replacement is recommended once each year.) quick and easy mounting of The GUARDIANTN Ultraviolet Monitor has three models;Analog,Digital and Digital `- •• water purifier.Optimizes Remote.Voltage Configurations include 120V/50 or 60Hz,220-240V/50 or 60 Hz,or 12VDC. •' free air circulation to cool Contact factory for special requirements.NOTE:GUARDIAN'Ultraviolet Monitor(analog, , ballast housing. digital or digital remote)can be purchased and installed with the water purifier or at a later date for Y''� an existing installation. The GUARDIANTN Ultraviolet Analog and Digital Monitors are mounted directly on to the Quantum Thermal water purifier.The sensor probe(included)is threaded into the sight port fitting of the ultraviolet Optimizer water purifier.The aluminum collar on the bottom of the GUARDIANTM Ultraviolet Analog or Used to help regulate the Digital Monitor is secured over the sensor probe. water temperature inside The GUARDIANTN Ultraviolet Digital Remote Monitor is intended for use in a location the purifier's chamber. away from the water purifier that is being monitored.In all other respects,the remote GUARDIANTN behaves the same as the standard GUARDIAN'TM.Mounted on the back of the remote monitor is a socket into which the lead from an ultraviolet sensor is connected.Instead of being mounted inside the monitor housing,this sensor is contained within the remote probe.A standard length for the connecting cable supplied with the probe is 50 ft.,but the lead length may be extended if desired.Please contact the factory for additional lengths. Options may be obtained along with SANITRON®unit or added at a later date.For further details visit our u I t r a►►i o I et. o m website at www.ultraviolet.com. 6 WATER QUALITY RECOMMENDATIONS - STANDARD MODELS Maximum Concentration Levels Before Ultraviolet Turbidity 5 NTU Suspended Solids 10 mg/L Color None Iron 0.3 mg/L 4 r I Manganese 0.05 mg/L I ��1�p[�1��''�� pH 6.5- 9.5 $ 1 TT Hardness 6 gpg `1 Effectively treating water with -'{i => I : 7) g® ice, s-':�, higher concentration levels than • ,i, ',y 3 listed above can be accom- . plished, but may require added measures to improve water quality to treatable levels. Mode1S37C 12 GPM GALLONS GALLONS 0 0 UNIT DIMENSIONS SHIPPING DATA MODEL PER PER INLET AND REPLACEMENT POWER (Inches) (lbs.) MINUTE HOUR OUTLET LAMPS CONSUMPTION Length Width Height Gross Wt. Net Wt. S14A 2 120 1/2" NPT 05-1400 14 Watts 163/8 45/I6 83/16 I I 7 S17A 3 180 3/4" NPT 05-1098 18 Watts 193/8 45/16 83/16 1 1 8 S23A 6 360 3/4"NPT 05-1097 24 Watts 253/8 45/16 83/16 14 14 S37C 12 720 1"NPT 05-1343 44 Watts 393/8 5"/16 9'/2 30 30 S50C 20 1,200 1 1/2" NPT 05-1334 54 Watts 523/8 5"/i6 9'/2 36 36 S2400C 40 2,400 2" NPT 05-131 1 140 Watts 52'/8 65/8 1172 49 36 OAII inlets and outlets are male pipe threads. • Maximum recommended operating pressure for all purifiers is 100 PSI ©Total power consumption including ballast loss • Pressure drop at maximum recommended flow rate is less than 5 PSI (approximate). • Flow rates are based on Maximum Concentration Levels. • 120 Volt 60 Hz and 220 Volt 50 Hz units are standard. • 12 and 24 Volt DC units also available. • SANITRON®is available for operation on public power supplied through out the world. • Consult factory with specific power requirements. ATLANTIC ULTRAVIOLET CORPORATION 7 ULTRAVIOLET DOSAGE Germicidal lamps provide effective protection against microorganisms.A small cross-section is shown below. ORGANISM ALTERNATE NAME TYPE DISEASE DOSE* Bacillus subtilis spores B. subtilis Bacteria 22,000 Bacteriophage Phage Virus 6,600 Coxsackie virus Virus Intestinal infection 6,300 Shigella spores Bacteria Bacterial Dysentery 4,200 Escherichia coli E. coli Bacteria Food poisoning 6,600 Fecal coliform Bacteria Intestinal infection 6,600 Hepatitis A virus Infectious Hepatitis virus Virus Hepatitis of the liver 8,000 Influenza virus Flu virus Virus Influenza 6,600 Legionella pneumophila Bacteria Legionnaires' Disease 12,300 Salmonella typhi Bacteria Typhoid Fever 7,000 Staphylococcus aureus Staph Bacteria Food poisoning,Toxic Shock Syndrome,etc. 6,600 Streptococcus spores Strep Bacteria Strep throat 3,800 When used as directed to disinfect clear water, SANITRON®Water Purifiers provide an ultraviolet dosage in excess of 30,000 microwatt seconds per square centimeter (pWSec/cm2). * Nominal Ultraviolet dosage (pWSec/cm2) necessary to inactivate better than 99% of specific microorganism. Consult factory for more complete listing. - OPERATING CHARACTERISTICS Relative Spectral Energy Germicidal Effectiveness Distribution (Typical) As Related to Wavelength I00 ' I00 j \ :1/4:7C -) 80 w 80 l Z W F • 60 E U 60 ' '71 E C W C W W u9 W N Z 40 `'` w 40 Z / ' , N E 20 -------E—E---E—' c D 20 M W N .O u9 Tr te b a M M 0 ■ k L l 0 1 200nm 300nm 400nm 500nm 600nm 200nm 225nm 250nm 275nm 300nm WAVELENGTH (NANOMETERS) WAVELENGTH (NANOMETERS) Approximately 95%of the ultraviolet energy emitted from TM germicidal lamps is at the mercury resonance line of 254 nanometers, the region of germicidal effectiveness most destructive to bacteria, mold and virus. 8 GENUINE STER-L-RAY TM GERMICIDAL LAMPS STER-L-RAYTMGermicidal Lamps are shortwave, low pressure mercury vapor discharge tubes that produce ultraviolet wavelengths lethal to microorganisms. Slimline Germicidal Lamps STER-L-RAY' Germicidal Lamps are well suited to applications requiring high ultraviolet intensity such as water sterilization. STER-L-RAY' Slimline Germicidal Lamps are instant starting and utilize a coil filament on each end which operates hot. Lamp life is governed by the life of the electrodes and is affected by the frequency of starting. STER-L-RAY' Preheat Germicidal Lamps are operated by a preheat-start Preheat Germicidal Lamps circuit that employs a compact and economical ballast. The preheat circuit requires four electrical connections per lamp and a slight to moderate delay is needed to start the lamp. STER-L-RAY' High Output Germicidal Lamps yield 1/3 to 2/3 more 'C'1. ultraviolet output than standard lamps of the same length. Ballasts are available in 120v and 220v. STER-L-RAY'and the STER-L-RAY'logo are trademarks of Atlantic Ultraviolet Corporation. High Output GK Germicidal La CAUTION:Exposure to direct or reflected germicidal ultraviolet rays will cause painful eye irritation and reddening of the skin.Personnel subject to such exposure must wear suitable faceshield,gloves and protective clothing. Hg-LAMP CONTAINS MERCURY,manage in accord with disposal laws,see:www.lamprecycle.org. - GERMICIDAL LAMP DATA 0 0 Lamp Purifier Nominal Power Ultraviolet Rated Number Model No. Lamp Length Consumption Output Effective Life 05-1400 S I4A 815/I6"(227mm) 10 Watts 2.3 Watts 10,000 Hrs. 05-1098 S 17A I I'/a'(302mm) 14 Watts 3.7 Watts 10,000 Hrs. 05-1097 S23A I73/4'(45Imm) 20 Watts 6.4 Watts 10,000 Hrs. 05-1343 S37C 337/8'(860mm) 39 Watts 13.8 Watts 10,000 Hrs. 05-1334 S50C 45/a'(1 I65mm) 50 Watts 19.3 Watts 10,000 Hrs. 05-131 1 S2400C 46'/4'(I I75mm) 1 I Watts 42 Watts 10,000 Hrs. 0 Wattage is lamp watts only and does not include ballast loss(approximate). 0 Maximum rated output at 254 nanometers. ©Patented by Atlantic Ultraviolet Corporation. The lamps listed above have been especially developed and are recommended for use with SANITRON"Water Purifiers. All TM lamps used in SANITRON"units are low pressure type which afford the maximum efficiency in producing the required germicidal rays. In addition to the obvious advantages of high efficiency and low power requirements, there is no possibility of the unit overheating (as is the case with some other lamp types). Consequently, the need for additional equipment to combat overheating is eliminated. 9 i fief. I .... . ''. ._,-, Jx:- . clo,., r: Arisei _ • Oqi 411-' - ... i . et • R i J , . ..0 , „ . .. tr _ t { ATLANTIC U ULTRAVIOLET � • CORPORATION Model S1 O,000C 375 Marcus Boulevard • Hauppauge, NY 11788 166 GPM r r.'.''` 631.273.0500 • Fax:631.273.0771 Shown with supplied Interconnect Piping, optional Guardian"Digital Ultraviolet Mon'',, g'":v www.ultraviolet.com Solenoid Valve, Flow Control Valve and customer supplied Manifolds, Piping, r)• f r,,t 4 e-mail:info@ultraviolet.com _ ' Shut Off Valve. r Ir.) Thi------ =_ . .. OP 41 11111111_ ft_. � jT f. The information and recommendations contained in this publication are based upon data collected by the Atlantic Ultraviolet Corporation and are believed to be correct.However,no guarantee or warranty of any kind,expressed or implied,is made with respect to the information contained herein.Specifications and www.ultraviolet.com information are subject to change without notice. Document No.98-1169•Revised May 2007•©2000-2007 by Atlantic Ultraviolet Corporation•Made in the USA BEN L—o -0 J ULTRAVIOLET WATER PURIFIERS Models S2400C, IS5,000C — S25,000C High Cap city Systems Read and Follow All Safety Instructions. Save These Instructions. �I W Installation, Operation & Maintenance fl SINCE 1963 ATLANTIC U ULTRRVIOLET CORPORATION° Manufacturers / Engineers / Sales / Service Germicidal Ultraviolet - Equipment & Lamps 375 Marcus Boulevard • Hauppauge, NY 11788 631.273.0500 • Fax: 631.273.0771 Email: info@Ultraviolet.com Ultraviolet.com • BuyUltraviolet.com C E Extensive Product Information Available at: ultraviolet.com MAD® buyultraviolet.com MM Document No. 98-1132F1 • December 2017 • ©2017 Atlantic Ultraviolet Corporation® Certified to NSF/ANSI 61 & 372 Our S2400C water purifier, used to build Model S5,000C and up, is certified to NSF®/ANSI Standard 61 & 372. TABLE OF CONTENTS SAFETY WARNINGS 3 SAFETY INSTRUCTIONS 3 SAFETY LABELING 3 CAUTION 3 PRODUCT APPLICATION 4 CONSTRUCTION 4 PRINCIPLE OF OPERATION 4 LIMITATION OF USE 4 WATER QUALITY 4 INSTALLATION 5 LOCATION 5 INSTALLATION 6-7 RECOMMENDED OPTIONS 7-8 MAINTENANCE 8 INSPECTION 8 DISPOSAL OF MERCURY ADDED LAMP 9 QUARTZ SLEEVE CLEANING USING WIPER MECHANISM 9 LAMP INSTALLATION OR REPLACEMENT 10 QUARTZ SLEEVE INSTALLATION OR REPLACEMENT 11 REPLACEMENT OF BROKEN QUARTZ SLEEVE 12 CLEANING OF OPTIONAL GUARDIAN TM ULTRAVIOLET MONITOR SENSOR PROBE 13 TROUBLESHOOTING 14 OPTIONAL ACCESSORIES 14 TECHNICAL SPECIFICATIONS 15 REPLACEMENT PARTS 16-17 HIGH CAPACITY SYSTEMS 18 DIMENSIONAL DATA 52,400C&S5,000C 18 DIMENSIONAL DATA S10,000C, S 15,000C,520,000C&525,000C 19 DECLARATION OF CONFORMITY 20 MAINTENANCE NOTES 21-23 USER ASSISTANCE 24 PATENT NOTICE 24 WARRANTY&PRODUCT REGISTRATION 24 These instructions generally describe the installation,operation and maintenance of the SANITRON®Model S2400C line of water purifiers. Models S5,000C and S10,000C through S25,000C High-Capacity Systems utilize the Model S2400C single lamp water purifier in various configurations.Questions that are not specifically answered by these instructions should be directed to the Factory.Atlantic Ultraviolet Corporation®takes all possible precautions when packaging equipment to prevent damage.Carefully inspect and report all damages.Do not install damaged equipment.Follow all instructions on any labels or tags.Carefully inspect all packing materials before discarding to prevent the loss of accessories,mounting hardware,spare parts or instructions. NSF/ANSI 61 is a set of national standards that relates to water treatment and establishes stringent requirements for the control of equipment that comes in contact with either potable water or products that support the production of potable water. NSF/ANSI 372 was set in 2011 to establish procedures to meet the 0.25%lead content requirement of the RLDWA(Reduction of Lead in Drinking Water Act)using a wetted surface area average calculation or just simply using all no-lead materials for areas in contact with drinking water.NSF/ANSI 372 includes a broader scope of drinking water products covered by the law which may not be covered under NSF/ANSI 61 and enables large or complex products and assemblies to achieve certification. SINCE 1963 The information and recommendations contained in this publication are based upon data collected ATLANTIC C� ULTRAVIOLET by the Atlantic Ultraviolet Corporation®and are believed to be correct. However, no guarantee or warranty of any kind,expressed or implied, is made with respect to the information contained 2 herein.Specifications and information are subject to change without notice. CORPORATION® SAFETY WARNINGS • All personnel should be alerted to the potential hazards indicated by the product safety labeling on this purifier. • The following conventions are used to indicate and classify precautions in this manual and on product safety labeling.Failure to observe precautions could result in injury to people or damage to property. AThis is the safety alert symbol.It is used to alert you to potential personal injury hazards. Obey all safety messages that follow this symbol to avoid possible injury or death. Danger indicates an IMMINENTLY Warning indicates a POTENTIALLY A DANGER hazardous situation,which,if not rAWARNINGI hazardous situation,which,if not avoided, avoided,WILL result in death or COULD result in death or serious injury. serious injury. Caution indicates a POTENTIALLY Caution used without the safety alert a CAUTION hazardous situation,which,if not avoided, CAUTION symbol indicates a potentially hazardous MAY result in minor or moderate injury. situation,which,if not avoided,may result in property damage. This symbol/pictorial is used to A identify an ELECTRICAL SHOCK or This symbol/pictorial is used to identify an ULTRAVIOLET LIGHT hazard. ELECTROCUTION hazard. This symbol/pictorial is used to identify the need0 This symbol/pictorial is used to identify the need to to wear approved ultraviolet blocking eyewear. wear approved ultraviolet blocking face shield. Tr- This symbol/pictorial is used to identify the need r This symbol/pictorial is used to identify components iitto wear protective gloves. which must not be disposed of in trash SAFETY INSTRUCTIONS To guard against injury,basic safety precautions should be observed,including the following: 1. Read and follow ALL safety instructions. 2. Do not use this water purifier for other than its intended purpose as described in this manual. 3. Do not alter design or construction. 4. Do not remove any labels or devices. 5. A A DANGER To prevent the risk of severe or fatal electrical shock,special precautions must be taken since water is present near electrical equipment.Always disconnect power before performing any service or maintenance. 6. Avoid exposure to direct or reflected germicidal ultraviolet rays.Germicidal ultraviolet rays are harmful to the eyes and skin. 7. Intended for indoor use only.The water purifier should be protected from the elements and from temperatures below freezing. 8. Do not operate water purifier if lamp cable,lamp connection,power cord and/or plug are damaged,or if any other damage to the water purifier is visible or suspected 9. Electrical power supplied,to the water purifier,MUST match power requirements listed on the water purifier. 10. A Plug the water purifier only into an approved ground fault circuit interrupt(GFCI)receptacle. 11. L. Do not operate without proper electrical ground. 12. Do not exceed water purifier's maximum rated flow capacity. 13. Do not exceed maximum operating pressure of 100 PSI. 14. Read and follow all notices and warnings on the water purifier. 15. SAVE THESE INSTRUCTIONS. SAFETY LABELS CAUTION Al —� It is the user's responsibility to determine and validate the suitability of DANGER Ir5F1jF�� this equipment for use in the user's system or process. HAZARDOUS No warranty I� I�or representation is made bythe manufacturer with respect to VOLTAGE Turn off and disconnect power before servicing. _ I ,. ® 1suitability or performance of this equipment or to the results that may be v expected from its use. ULTRAVIOLET RADIATION AThe user should periodically inspect,clean as necessary and confirm Protect eyes and skin from d'renandre•eetedmdiati°^. the presence and good legibility of the product safety labels.Contact the factory for replacement labels in the event that any of the labels are Danger Label:Hazardous Voltage Location of Danger Label and Ultraviolet Radiation(00-0196A1) (00-0196A1) missing or illegible. 3 PRODUCT APPLICATION CONSTRUCTION • The water purifier is designed to mount horizontally. • The water purifier's dual heads are removable and may be rotated independently.(See"Figure 3-Recommended Positions of Inlet/Outlet Fittings in the"Installation"section.)facilitates ease of installation,maintenance or the retrofitting of an existing system. A drain port on the chamber aids in draining of the purifier. • The water purifier's chamber and chamber heads are passivated and electropolished type 316 Stainless Steel. • The ballast housing is a combination of Stainless Steel Type 304 and Aluminum Alloy. • Coated chambers are available for uses with special applications,consult Factory.Coated chambers are not recommended for use in drinking water applications or in applications where the treated product is consumed. • The dual-action wiper mechanism allows for quick and easy quartz sleeve cleaning,without interrupting service. • EASY-OFF' End Caps enable quick and easy lamp change,without disconnecting from the water supply or draining the purifier.No tools are required.Always disconnect electrical power when changing lamp. • Certain versions of 220v purifiers have been designed to be CE compliant.These purifiers have been tested to and comply with the requirements of the Electromagnetic Compatibility Directive and the Machinery Directive.The Declaration of Conformity lists the European Norm(EN)standards to which these purifiers were tested,to demonstrate conformity. PRINCIPLE OF OPERATION The SANITRON°design has been carefully conceived to provide adequate germicidal dosage throughout the disinfection chamber.The dosage,as it applies to ultraviolet disinfection,is a function of time and the intensity of ultraviolet radiation to which the water is exposed.The exposure time,in seconds,is the total time it takes the water to flow through the disinfection chamber exposing it to the germicidal lamp.Exposure time is related to the flow rate;the higher the flow rate,the lower the exposure time or the lower the flow rate,the higher the exposure time.The ultraviolet intensity is the amount of energy,per unit time,emitted by the germicidal lamp.The dosage is the product of ultraviolet intensity and the exposure time.The operation of the SANITRON®is as follows: • Water enters the purifier and flows into the annular space between the quartz sleeve and the chamber wall. • Suspended microorganisms are exposed to the ultraviolet rays emitted by the germicidal lamp. • The translucent sight port,or optional ultraviolet monitor,provides visual indication of germicidal lamp operation. • The dual action wiper mechanism facilitates periodic cleaning of the quartz sleeve without disassembly or interruption of purifier operation. • Water leaving the purifier is instantly ready for use,no further contact time is required. LIMITATION OF USE The water purifier is intended for the use with visually clear water,not colored,cloudy or turbid. See"Water Quality"section below.The water purifier is NOT intended for the treatment of water that has an obvious contamination or intentional source, such as raw sewage;nor is the purifier intended to convert wastewater to microbiologically safe drinking water. WATER QUALITY Water quality plays a major role in the transmission of germicidal ultraviolet rays.It is recommended that the water does not exceed the following maximum concentration levels: Table 1 -Maximum Concentration Levels Turbidity <1 NTU Effectively treating water with higher concentration levels than listed on Table 1 can be accomplished,but may require Manganese 0.05 mg/1 added measures to improve water quality to treatable levels. Total Suspended Solids 10 mg/1 If,for any reason,it is believed the ultraviolet transmission is pH: 6.5-9.5 not satisfactory,contact the factory. Color. None Hardness 6 GPG or 102.6 PPM Iron 0.3 mg/1 Tannins: <0.1 ppm(0.1 mg/1) UV Transmission >85%per cm* *Contact Factory for recommendations on applications where UV transmission is<85% 4 INSTALLATION LOCATION 1. The water purifier is intended for indoor use only.The water purifier is designed to mount horizontally.The water purifier should be protected from the elements and from temperatures below freezing.The ambient temperature,in the area surrounding the water purifier,should be between 35°F and 100°F. 2. Electrical power supplied to the water purifier MUST match power requirements listed on the water purifier.Use of a voltage surge protector is recommended. 3. A CAUTION Plug water purifier only into an approved ground fault circuit interrupt(GFCI)receptacle. 4. The water purifier should be located in a dry,well-lit area,which provides enough room to perform routine maintenance. This includes a minimum distance of one chamber length from the wiper end,to allow for cleaning and/or the changing of the lamp and quartz sleeve as well as a minimum of 6"on the opposite end of the water purifier.Minimum clearance to floor 18". 5. The water purifier should always be located closest to the point of use.This reduces the chance of the purified water being re-contaminated by bacteria in the water distribution system after the water purifier. 6. CAUTION As with any water handling device,the water purifier should be located in an area where any possible condensation or leakage from the water purifier,any purifier accessory and/or plumbing will not result in damage to the area surrounding the water purifier.For added protection,it is recommended that a suitable drain pan be installed under the purifier.The drain pan must be plumbed to an adequate,free flowing drain to prevent water damage in event of a leak.There are numerous leak detection/flood stop devices,available on the market today,designed to stop flow of water,reducing the chance of water damage due to leakage.For more details regarding leak prevention and/or limiting damages due to leaks please contact factory. 7. The water purifier should be located after all other water devices,such as De-ionizers,Water Softeners,Carbon Filters, Pre-Filters,Reverse Osmosis,Pressure Tanks,and Pumps.This eliminates the possibility of the purified water being re-contaminated by bacteria in any of these purifiers. Figure 1 -SANITRON®Drawing(55,000C shown)with options and extra components Solenoid Valve* Union/Flow Control Valve (80 GPM)* 2" Elbow (2-Places)* 2" Close Nipple (4-Places)* 2" Union* Interconnect Piping Guardian UV 1 (supplied with S5,000C & Up) Monitor* mcuA,vN I m I _ g k1 . JF, 1 2"Valve* *Extra Components(not included with SANITRON®) 5 INSTALLATION r'''. 0 0 IN ORDER CES TO EAS THE AINSAFETY EQUIPMENT: SAFETY GOGGLES ORAFA SHIELD, WELL AS GLOVES. 1. Remove water purifier from shipping carton.Inspect water purifier,power cord and plug for damage.Do not operate if there is any damage to the purifier,power cord or plug.SANITRON®Model S2400C is shipped with the lamp packed separately. Keep the lamp aside for installation once the purifier has been properly installed. 2. Purifiers occasionally experience damage in shipment due to the fragility of the quartz sleeve. It is,therefore,recommended to inspect the water purifier for damage to the quartz sleeve after it has been removed from the shipping carton.Each end of the purifier as well as the inlet and outlet should be viewed to see if the quartz sleeve has experienced damage.If the quartz sleeve shows signs of damage it should be replaced before the purifier is pressurized. See"Quartz Sleeve Installation or Replacement"in the"Maintenance"section for the proper method of replacing the quartz sleeve in your water purifier. Figure 2-Recommended Installation Note:Solenoid plugs into the top Use of Metal Pipe is recommended for connecting to of the Time Delay,and the Time both the purifier inlet and outlet 12"past the first elbow. POINT Delay into the Ultraviolet Monitor OPTIONAL EQUIPMENT: (avoids ultraviolet degradation of exposed plastic pipe) OF-4— (POU)) Two Minute Time Delay USE Solenoid Valve > (P Cold Water Line low Control Valve Elbow— Ultraviolet Incoming COMMON ////��/��� Ai Water Purifiers PRE-TREATMENT or s_ should be installed WaSupplyter PUMPING DEVICES r+rl t—Elbow FI closest to the 1.Deionizer �_ Outlet Line to point ofuse. 2-Water Softener point of use 3.Carbon Filters(GAC) OPTIONAL EQUIPMENT: to be as short 4-Pressure Tank 4— 5 Micron Filter •Ultraviolet Monitor as possible 5.Pump Audio Alarm 6.Reverse Osmosis Valve ,:".• Valve7.PrefiltersUltraviolet Water •I -i+ Purifiers should be IIIthetpoed cloouset ro Union '— -':11-4- 4—Union the point of use.(POU) �'.� -t-�-j �_E L IA—12"Manual Wiper—O.I M4�:r, —11 5flIATRON )1`_ 6"Minimum 50" �, - - Clearance for i `-' Gland Access Recommended Minimum Clearance b Q For Lamp or Quartz Sleeve Removal 1 Ultraviolet Water Purifier 4—Wall Mounting Kit— OPTIONAL EQUIPMENT 3. The water purifier's dual chamber heads are removable and may be rotated independently,which aids in the installation, maintenance or the retrofitting of an existing system. Figure 3-Recommended Installation 3 O'CLOCK 6 O'CLOCK 9 O'CLOCK L 0 ill 1 1 .3)i 0 1 11 0 ,!, 1 es j% --i - H 1-I H H H Note: DO NOT rotate head so wiper knob is at 12 o'clock position 4. The water purifier should be mounted horizontally on a flat dry surface. Secure the water purifier using the mounting holes in the ballast housing or with the optional wall mounting kit.The purifier should not be solely supported by its plumbing connections. 6 5. The water purifier must be connected to the cold water line only.Inlet water temperature should not exceed 100°F 6. Installation requires that a 5-micron sediment filter or finer be installed,in line,prior to the water purifier.The sediment filter will stop or trap large particulates from entering the water purifier.Particulates may cause deposits on the quartz sleeve,as well as interfere with the purifier's ability to disinfect the water.The sediment filter may also help to reduce the amount of routine cleanings of the quartz sleeve. 7. Shut off valves should be installed on both the inlet and outlet sides of the water purifier.The use of bypass valves is not recommended.The shut off valves allow the purifier to be isolated from the water supply,which is required when removing the quartz sleeve. 8. Unions should be installed on both the inlet and outlet of the water purifier;this will allow easy removal of the water purifier from the plumbing,if required.Apply Teflon®tape to threads of inlet and outlet ports to ensure a tight seal. 9. When all plumbing connections are complete,allow water to enter the water purifier at a low flow rate,until the purifier is full.NOTE:Close the purifier outlet valve to pressurize the chamber.With the purifier pressurized,it should be checked for leaks.Once it is determined that there are no leaks,the inlet valve can be fully opened. 10. For Models with lamps packed separately,install lamp following the steps in"Lamp Installation or Replacement"section. ACAUTION Lamp and quartz sleeve are easily damaged.Exercise care when handling. 11. 0 Plug water purifier into approved ground fault circuit interrupt(GFCI)receptacle.Confirm lamp operation indication at sight port. 12. Once the plumbing hook ups are made,it is a good practice to disinfect the"downstream"plumbing between the purifier and point of use.This is done by introducing chlorine or other disinfectant solution into the purifier chamber,a 100-ppm of chlorine is suggested.With the disinfectant in the purifier chamber,turn the ultraviolet purifier on.Open the"downstream" outlet until a chlorine or disinfectant solution odor is noticed.Close the outlet and allow the disinfectant to remain in the plumbing for three(3)hours.Flush the plumbing with ultraviolet purified water;allow the water to run for a minimum of 5 minutes prior to use(to ensure no chlorine or disinfectant smell can be detected).This will allow the chlorine or disinfectant solution to be flushed from the pipes. RECOMMENDED OPTIONS 1. GUARDIAN TM Ultraviolet Monitor*:Visually indicates the level of germicidal ultraviolet energy that penetrates the quartz sleeve and the water within the water purifier.The ultraviolet monitor is capable of operating an optional PromateTM Audio Alarm and/or PromateTM Solenoid Valve.The ultraviolet monitor will detect reduction of ultraviolet levels due to: • Fouling or deposits on the quartz sleeve. • Poor ultraviolet transmission through the water;color,turbidity,and organic or other impurities in the water can reduce or interfere with the transmission of ultraviolet rays. • Lamp outage or component failure.(Monitor will not function in power outage.) • Depreciation of the lamp output due to usage or other cause.Lamp output gradually depreciates with use.Lamp replacement is recommended once each year. 2. SENTRY' Safety Sensor:Indicators provide constant visual monitoring of normal operation.In the event of ballast or lamp failure the safety sensor indicates an alarm condition.The safety sensor is capable of operating an optional PromateTM Audio Alarm and/or PromateTM Solenoid Valve. 3. STERALERTTM Lamp Status Alarm:Produces a high pitched,pulsed tone when the water purifier is no longer functioning when visible light fails. 4. SureFLOTM Flow Control Valve*: Limits water flow to the rated capacity of the purifier.The flow control valve is located in line prior to the water purifier,and should be protected from ultraviolet exposure by the use of a 90-degree elbow fitting between the flow control valve and the water purifier. 5. PromateTM Audio Alarm*:Activated by the Ultraviolet Monitor or Safety Sensor,alerts the user to any malfunction detected. 6. PromateTM Solenoid Valve*: Operated in conjunction with the Ultraviolet Monitor,Safety Sensor or Time Delay Mechanism,this valve prevents water flow through the water purifier when an abnormal condition is detected or in the event of power failure. 7. PromateTM Elapsed Time Indicator:A non-resettable display of the water purifier operating hours.Useful for scheduling and recording maintenance and lamp replacement. 8. PromateTM Time Delay Mechanism*:Provides a 2-minute warm up period during which the ultraviolet lamp achieves its full germicidal output before the water is allowed to flow through the water purifier.The time delay mechanism is used in conjunction with,and is electrically connected to the Solenoid Valve. ("Recommended Options"Continued on Page 8) 7 9. PromateT""Wall Mount Kit:Model S2400C Stainless steel wall brackets provide quick and easy installation and professional finish.Pre-drilled and ready to install.Optimizes free air circulation to cool ballast housing. 10. QUANTUM'Thermal Optimizer:Thermal relief valve used to help regulate the water temperature inside the water purifier's disinfection chamber. Since the relative ultraviolet output,of a germicidal lamp,is affected by temperature it is important to keep the lamp's temperature within the peak output temperature range. 11. PromateT"Safety Goggles: Safety eyewear should be used as general-purpose safety protection and for additional shielding from ultraviolet rays. 12. PromateTM Face Shield:Adjustable headgear and lightweight visor provides eye and face protection from germicidal ultraviolet rays. *Use of this option is recommended by U.S.Public Health Service"Criteria for Acceptability of an Ultraviolet Disinfection Unit."Originally issued April, 1966. NOTE:The recommended options above are available from Atlantic Ultraviolet Corporation®or a distributor of their products.For the other devices that may be required for your application,please contact your local water treatment dealer,plumber or plumbing supplier. MAINTENANCE The water purifier is designed to operate with a minimal amount of maintenance,providing the water quality does not exceed maximum concentration levels,see"Water Quality"in the"Product Application"section.Ordinary maintenance consists of: • Lamp replacement is recommended every 10,000 hours of operation,approximately 12 months of continuous service. • Cleaning of the quartz sleeve,when conditions warrant.It is recommended that the inspection of quartz sleeve be performed after one month of use.If quartz sleeve is found to be coated(not clear),then frequency of cleaning must be done more often. Deposits or discoloration on the surface of quartz sleeve are caused by excessive levels of the subject contaminant within the water that is in contact with the quartz sleeve.Most deposits on the quartz sleeve are caused by an excess of calcium (hardness),iron or manganese.Table 1 on Page 4 lists the maximum recommended concentration of these minerals in the water that passes through the ultraviolet purifier.If you encounter difficulty due to deposits on the quartz sleeve,your dealer will be able to recommend suitable pretreatment to reduce or eliminate the offending contaminant.If quartz sleeve is clean (clear)then frequency of cleaning may be extended.NOTE:SANITRON®Ultraviolet water purifiers are equipped with a manual wiping mechanism making the process of routine cleaning easier and therefore,recommended weekly or at the very least monthly to insure your performance.NOTE:The use of optional GUARDIAN TM Ultraviolet Monitor will detect loss of transmission due to coating on the quartz sleeve. • Always disconnect the water supply and completely drain the water purifier if it will be subjected to temperatures below freezing. • Contact factory with questions. INSPECTION 1. Regularly inspect the water purifier to ensure that the germicidal lamp is still in operation. • On purifiers not equipped with the Ultraviolet Monitor,lamp operation can be verified by a visible glow through the translucent sight port.This provides an indication of lamp operation and does not indicate the level of ultraviolet intensity or transmission through the water. • On purifiers so equipped,the GUARDIAN TM Ultraviolet Monitor provides visual indication of the ultraviolet intensity through the quartz sleeve and water in the purifier chamber. 2. To ensure proper operation of the water purifier,regular biological testing of the purifier output water should be performed on a schedule recommended by local public health authorities,or at minimum;at installation,quarterly for the first year of service and annually,at lamp replacement,for the life of the water purifier. 3. Additional testing should be performed whenever modifications,change,or additions are made to plumbing system,pumps, well source water etc.to ensure adequate disinfection under new condition. 4. As with any water purifier installation,routine maintenance is necessary to ensure you equipment is operating correctly. Regular inspection must also include confirmation that approved ground fault circuit interrupt(GFCI)receptacle is still operational and that water purifier is plugged into this GFCI.Any components which are damaged or broken should be replaced. 8 DISPOSAL OF MERCURY ADDED LAMPS Germicidal ultraviolet lamps,like standard fluorescent lamps contain small amounts of mercury.Mercury added ' lamps should not be placed in the trash.Dispose of properly.For further information regarding the disposal and recycling of lamps containing mercury,along with Federal and State requirements visit LampRecycle.org.For more information on STER-L-RAY®Germicidal Ultraviolet Lamps,visit Ultraviolet.com or BuyUltraviolet.com. QUARTZ SLEEVE CLEANING USING WIPER MECHANISM Figure 4-Quartz Sleeve Cleaning AI i a,,,.. %( %0 7ot O ' 3o f \6•01b '' il , : \` WIPER CLIPP ft4N/V DYNAMIC GLAND WIPER LOCK WIPER LOCK SPACER 04- WIPER ROD �g'�� &KNOB 1,\QE .i b ,.- ,zAir:,_ ,,r '%-4 .V2 AN 1 L. 4)1190, I A . , /./ _ itliallikt, i All Nrilir_ A _ ,.. 4011 1110,� , Step 1-Lift wiper clip up Step 2-Gently pull wiper knob out Step 3-Push wiper back in Routine cleaning of the quartz sleeve is easily accomplished,using the dual action wiper mechanism. 1. Lift wiper clip up and away from wiper rod. 2. Grasp wiper knob and gently pull out,away,from the purifier until it reaches its stop. 3. Push wiper back in,toward the purifier until it reaches its second stop. 4. Repeat steps 2 and 3 as necessary. 5. Holding wiper in place,return wiper clip and snap over wiper rod,in front of the wiper lock spacer. 9 LAMP INSTALLATION OR REPLACEMENT Figure 5-Lamp Replacement CHAMBER \`- . STATIC GLAND NUT r ra• GERMICIDAL 'N. - , - Z mmoit... LAMP SOCKET y r� Y7T &LEAD WIREtiv,� EASYOFF END END CAP \ r Step 2-Remove End Cap J e k I i /1 y Ir. «- IRIP 'IA11' ,,;::- , . . 44. , ..", Step 3-Withdraw Lamp Step 4&5-Remove Sockets Step 6-Remove Lamp 0 sii 0 IN EQUIPMENT:: SAFETY GOER TO PERFORM GGLES OR A FAS TASK,BE CE SHIE D TO WEAR WELL THE AS GLOVES.SAFETY 1. A Disconnect power to water purifier. 2. Remove both EASY-OFF'End Caps by pulling each cap off static gland nut. Slide each end cap along the wire away from the socket. 3. Carefully withdraw lamp approximately 2 inches from chamber while feeding lamp socket and lead wire on opposite end of chamber. 4. While holding lamp end,carefully remove lamp socket on end now exposed. 5. Next,carefully slide lamp back into chamber,until approximately 2 inches of the lamp is exposed on the opposite end.Hold lamp and remove lamp socket. 6. Lamp should now be disconnected on both ends.Carefully remove lamp from chamber.Be sure to withdraw lamp straight out without angling until completely clear of quartz sleeve. A CAUTION Lamp and quartz sleeve are easily damaged.Exercise care when handling. 7. Reinstall lamp in reverse order. Germicidal ultraviolet rays are harmful to eyes and skin.Do not restore power to water purifier until lamp and both EASY-OFF'End Caps have been properly reinstalled. 10 QUARTZ SLEEVE INSTALLATION OR REPLACEMENT Figure 6-Quartz Sleeve Installation or Replacement WIPER ROD ASSEMBLY CHAMBER HEAD CLAMP O-RING Nivk CHAMBER HEAD \ 1f/ QUARTZ SLEEVE 0-RING TEFLON \\y WASHER //�� N' j STATIC gr GLAND NUT\ g ✓1 GERMICIDAL 1�1 LAMP LAMP SOCKET % 8 LEAD WIRE EASY OFF id/ END CAP \10 t. . it„,,,.,„.,. . .._ ... , ...0, . „,, . , t,,,,,,,,,,,, „ . .,..i.vy _ , 1, sii, ,..4,,„ i.„ ,,_ Step 4-Remove Gland Nuts Step 5-Remove Washer& 0-Ring Step 6-Remove Quartz Sleeve gh0IN ORDER TO PERFORM THIS TASK,BE SURE TO WEAR THE FOLLOWING SAFETY s EQUIPMENT: SAFETY GOGGLES OR A FACE SHIELD,AS WELL AS GLOVES. 1. A Disconnect power to water purifier. 2. Shut off water supply to water purifier via inlet and outlet shut off valves.Drain chamber.Once the chamber is completely drained,remove any old sealing tape from the threads of the drain plug,rewrap with 1/2"wide Teflon®thread sealing tape, reinstall and tighten the drain plug. 3. Follow the steps in"Lamp Installation or Replacement"to remove lamp. ACAUTION Lamp and quartz sleeve are easily damaged.Exercise care when handling. 4. Unscrew static gland nuts from each end of the chamber.Avoid striking quartz sleeve with static gland nut. 5. Remove Teflon®washer and 0-Ring from both ends of quartz sleeve.Teflon®washer will sometimes remain within the static gland nut.If so,remove Teflon®washer from static gland nut before proceeding. 6. Carefully remove quartz sleeve from chamber.NOTE:It is advisable to support the quartz sleeve on the opposite end with your finger so that it does not drop to the bottom of the chamber as it slides into the chamber. 7. Once the quartz sleeve is removed,clean with alcohol or a mild,non-abrasive detergent.Stubborn stains usually can be removed with a dilute hydrochloric acid.NOTE: Follow all manufacturer's instructions and precautions when handling chemicals. 8. Reassemble in reverse order.Make sure the quartz sleeve protrudes an equal distance past each threaded nipple.Be sure 0-Rings are placed on quartz sleeve before Teflon®washer. 9. Tighten static gland nuts firmly by hand only,DO NOT USE HAND TOOLS.Tightening with hand tools is likely to cause quartz sleeve to break. 10. Slowly restore water supply to water purifier and check for leaks. 11. If no leaks occur,reinstall lamp,following the steps in"Lamp Installation or Replacement"section. Germicidal ultraviolet rays are harmful to eyes and skin.Do not restore power to water purifier until lamp and both EASY-OFF'End Caps have been properly reinstalled. ii REPLACEMENT OF BROKEN QUARTZ SLEEVE Figure 7-Quartz Sleeve WIPER ROD CHAMBER ASSEMBLY HEAD CLAMP Ile 0-RING l CHAMBER HEAD � 411W ? QUARTZ SLEEVE \ 0-RING TEFLON i WASHER STATIC I ` ��'•_ GLAND NUT J\ GERMICLAMIDAL \ LAMP SOCKET k &LEAD WIRE EASY OFF END CAP `, ya 0 O IN ORDER CES TO EAS THE AINSAFETY EQUIPMENT: SAFETY GOGGLES ORAFA SHIELD, WELL AS GLOVES. ACAUTION Broken Quartz is SHARP.It is recommended that protective goggles and gloves are worn when handling. L ARII Disconnect power to water purifier.Shut off water supply to water purifier via inlet and outlet shut-off valves.Completely drain chamber. Follow the steps in"Quartz Sleeve Installation or Replacement"to remove lamp and quartz sleeve. 1. To prevent damage to the electrical components,it is necessary to separate the ballast housing from the purifier chamber. • On SANITRON®Model S2400C the ballast housing is mounted to the purifier chamber using four(4) 1/4"-20 x 3/8" long hex head bolts.Using a 7/16"wrench or an adjustable wrench,carefully remove the four(4)bolts with the lock and flat washers,from along the top of the ballast housing,and set aside. Separate the housing from the chamber. • Keep ballast housing and mounting hardware in a clean,dry area. 2. ACAUTION Carefully remove as much of the broken quartz sleeve as possible,from each end of the chamber. 3. Remove chamber head clamp,by using a 7/16"wrench to loosen and remove the 1/4"nut from the head clamp. 4. Withdraw chamber head and wiper assembly,from the chamber. 5. Any broken pieces of the quartz sleeve can now be removed through the open end of the purifier chamber.Flush water through chamber being careful to remove all quartz fragments from the interior of the chamber. 6. Carefully discard all pieces of the broken quartz sleeve. 7. Inspect the large 0-Ring used to seal the chamber and the chamber head.Make sure the 0-Ring is seated properly between the chamber head ring and the flare of the chamber head. 8. Insert replacement quartz sleeve through each Teflon®wiper segment,starting from the furthest segment working towards the chamber head.Twisting the quartz sleeve will help work the quartz sleeve through the Teflon®segments.Align the end of the quartz sleeve with the threaded gland nipple of the chamber head,and pass the quartz sleeve through the chamber head. 9. To re-install,carefully slide the chamber head and wiper rod assembly,into the chamber,with drain port pointing down;using your finger,support the far end of the quartz sleeve when passing it through the gland fitting of the chamber.Push chamber head flange into the chamber until flared end,of the chamber and the head,mate against the 0-Ring. 10. Replace the head clamp around the flared end of the head and chamber.Install the 1/4"nut and tighten,using a 7/16"wrench, until approximately 3/4"to 7/8"of the bolt protrudes past the nut. 11. Center the quartz sleeve in the chamber,making sure the quartz sleeve protrudes an equal distance past each threaded gland fitting,of the chamber.(Continued on Page 13) 12 12. Re-install 0-Rings,Teflon®washers,and static gland nuts.Be sure 0-Rings are placed on quartz sleeve before Teflon® washer.Tighten static gland nuts firmly by hand only,DO NOT USE HAND TOOLS.Tightening with hand tools is likely to cause quartz sleeve to break. 13. Re-assemble ballast housing to purifier chamber,using hardware removed in Step 1.NOTE:When re-assembling ballast housing to purifier chamber,electrical power cord should exit ballast housing from the end mounted opposite the drain plug. 14. When all connections are complete,allow water to enter the water purifier at a low flow rate until the purifier is pressurized. With the purifier pressurized,it should be checked for leaks. 15. See"Lamp Installation or Replacement"section on Page 10 to properly re-install the lamp into the water purifier. OPTIONAL GUARDIANTM ULTRAVIOLET MONITOR SENSOR PROBE CLEANING Figure 8-Ultraviolet Monitor and Sensor Probe Figure 9- Sensor Probe SENSOR PROBE BODY CHAMBER Allki • ---$ 711 IIIBI llo no 0-RING GUARDIAN 0-RING ` QUARTZ ROD t ALUMINUM COLLAR-.-- WITH SET SCREWS \t/ i SENSOR PROBE BODY 0-RING - • - SENSOR PROBE CAP WIN\ \• wis If,after cleaning the quartz sleeve,there is no significant improvement in the ultraviolet intensity,as shown on the intensity meter, it may be necessary to clean the Ultraviolet Monitor's sensor probe.The sensor probe body mounts in a fitting,located in the center of the disinfection chamber,and protrudes into the chamber. 1. A Disconnect power to water purifier. 2. Shut off water supply to the water purifier via the inlet and outlet shut off valves.Remove drain plug and drain the chamber. Once the chamber is drained,remove any old sealing tape from the threads of the drain plug,rewrap with 1/2"wide Teflon® thread sealing tape,reinstall and tighten the drain plug. 3. Disconnect power to the Ultraviolet Monitor;remove from chamber by loosening the two set screws on the aluminum collar and lifting it free from probe body. 4. Unscrew the sensor probe and remove from the chamber. 5. Remove the quartz rod sensor probe cap,from the probe body.Take care not to damage the quartz rod,0-Ring or the threads of the probe body.NOTE:It is recommended,when servicing the sensor probe,to work in a clean,dry area. 6. Once the quartz rod is removed,clean with alcohol or a mild detergent,and rinse with clean water. Stubborn stains usually can be removed with a dilute hydrochloric acid.NOTE:Follow all manufacturer's instructions and precautions when handling chemicals.Once the quartz rod has been cleaned,handle the rod by the sides,to avoid getting fingerprints on the quartz rod faces. 7. Clean the probe body,by removing any dirt or deposits on all surfaces.0-Rings should be inspected and can be replaced if worn or damaged. 8. Reassemble,replacing the 0-Rings,quartz rod and securing in place with the quartz rod sensor probe cap.Tighten the quartz rod sensor probe cap by hand only,DO NOT USE HAND TOOLS.Tightening with hand tools may damage the quartz rod or 0-Ring seal. 9. Reinstall sensor probe into the center fitting of the chamber and hand tighten. 10. Slowly restore water supply to the water purifier,pressurize,and check for leaks.Once it is determined that there are no leaks,inlet valve can be fully opened. 11. Reposition Ultraviolet Monitor on probe body and tighten set screws. 12. Restore power to the water purifier and ultraviolet monitor.If after the cleaning of the quartz rod,there is still no significant improvement in the ultraviolet intensity,as shown on the intensity meter,proceed to the"Troubleshooting"section. 13 TROUBLESHOOTING A AWARNING Always disconnect power to the water purifier before performing any service or maintenance. IMPORTANT: This purifier is to be serviced ONLY by qualified,and appropriately licensed,personnel. Table 2-Troubleshooting Problem Possible Cause Corrective Action Purifier not operating No electrical power Verify that the purifier is connected to a live power source. Shut down purifier,drain,and replace quartz Cracked or broken quartz sleeve sleeve.See"Quartz Sleeve Installation or Replacement"in the"Maintenance"section. Shut down purifier,drain,and remove static Quartz sleeve sealing 0-Ring(s) gland nut,replace sealing 0-Ring.See"Quartz Water leaking from purifier worn,damaged Sleeve Installation or Replacement"in the "Maintenance"section. Tighten suspect connection or fitting;or shut Poor,or loose,connections or fittings down purifier,drain,and remove fitting or connection.Clean threads;reapply thread sealing tape and reinstall. Quartz sleeve fouled Clean quartz sleeve,see"Quartz Sleeve Cleaning"in the"Maintenance"Section. Sensor Probe,if equipped,lens or Clean lens or Quartz Rod,see"Optional quartz rod fouled Ultraviolet Monitor Sensor Probe Cleaning"in the"Maintenance"section. Replace lamp,as it nears its end of life(EOL). Poor purifier disinfection performance AND/OR Low Germicidal lamp output depreciating See"Lamp Installation or Replacement"in the UV intensity(As indicated on optional GUARDIAN TM "Maintenance"section. Ultraviolet Monitor) Replace lamp.See"Lamp Installation or Germicidal lamp not functioning Replacement"in the"Maintenance"section. Low input voltage Verify input voltage to purifier. Have water tested to confirm that it does not Change in water quality exceed maximum recommended concentration levels for use with this purifier. OPTIONAL ACCESSORIES Table 3 -Optional Accessories Most options are available for Optional Accessories Available For: operation at 120v 60Hz or 220v 50Hz. GUARDIANTMUltravioletMonitor-Analog/Digital S2400C,S5,000C-S25,000C Please specify. SENTRYTM Safety Sensor S2400C,55,000C-525,000C Not all options may be available for all models,consult factory for STERALERTTM Lamp Status Alarm S2400C,55,000C-525,000C availability. PromateTM Audio Alarm S2400C,55,000C-525,000C OO Solenoid requires 2-150 PSI for PromateTM Elapsed Time Indicator Universal Input S2400C,55,000C-525,000C satisfactory operation. O Unless otherwise specified PVC PromateTM Time Delay Mechanism S2400C,55,000C-525,000C flow control valves are supplied. PromateTM Wall Mounting Kit S2400C All PVC and Stainless Steel flow control valves are male NPT. PromateTM Solenoid Valve-(1-1/2")@ S2400C Consult Factory for other flow control valves. PromateTM Solenoid Valve-(2")@ S5,000C-525,000C SureFLOTM Flow Control-PVC(2") OO S2400C SureFLOTM Flow Control Valve-Stainless Steel(2")OO S2400C SureFLOTM Flow Control Valve-PVC(2"Union)OO S5,000C-525,000C 14 TECHNICAL SPECIFICATIONS Table 4-Technical Specifications I Model: S2400C ® *S5,000C *510,000C *S15,000C *S20,000C *S25,000C Flow Rate(GPM): 40 83 166 250 333 416 Flow Rate(GPH): 2400 5000 10000 15000 20000 25000 Inlet\Outlet Size: 2"m NPT 2"m NPT 2"m NPT 2"m NPT 2"m NPT 2"m NPT Number of Lamps: 1 2 4 6 8 10 Lamp Model No.: 05-1311-R 05-1311-R 05-1311-R 05-1311-R 05-1311-R 05-1311-R Length: 52-1/8" 52-1/8" 52-1/8" 52-1/8" 52-1/8" 52-1/8" Width: 6-9/16" 17" 17" 21-1/8" 21-1/8" 21-1/8" Height: 11-1/8" 15" 34-3/4" 53-1/4" 71-3/4" 90-1/4" Chamber Diameter: 5-1/2" 5-1/2" 5-1/2" 5-1/2" 5-1/2" 5-1/2" Shipping Weight: 49 Lbs 116 Lbs 267 Lbs 400 Lbs 534 Lbs 670 Lbs Voltage:@ 120V 120V 120V 120V 120V 120V Amps: 1.17A 2.34A 4.68A 7.02A 9.36A 11.7A Frequency: 60Hz 60Hz 60Hz 60Hz 60Hz 60Hz Power Consumption:OO 140 Watts 280 Watts 560 Watts 840 Watts 1120 Watts 1400 Watts Lamp Watts: 110 Watts 220 Watts 440 Watts 660 Watts 880 Watts 1100 Watts Max Operating Pressure: 100 PSI 100 PSI 100 PSI 100 PSI 100 PSI 100 PSI Ambient Temperature: 35°F-100°F 35°F-100°F 35°F-100°F 35°F-100°F 35°F-100°F 35°F-100°F Quartz Sleeve: 1 2 4 6 8 10 Drain Plug: 1/4"NPT 1/4"NPT 1/4"NPT 1/4"NPT 1/4"NPT 1/4"NPT Lamp Out Indicator Translucent Translucent Translucent Translucent Translucent Translucent Sight Port Sight Port Sight Port Sight Port Sight Port Sight Port Ultraviolet Monitor:O Optional Optional Optional Optional Optional Optional Flow Control Valve:@ Optional Optional Optional Optional Optional Optional Audio Alarm:@ Optional Optional Optional Optional Optional Optional Solenoid Valve:@ Optional Optional Optional Optional Optional Optional Time Delay Mechanism:@ Optional Optional Optional Optional Optional Optional Elapsed Time Indicator: Optional Optional Optional Optional Optional Optional @ 220V 50Hz,220V 60Hz purifiers are also available.Consult Factory for specific voltage requirements. @ Use of this option is recommended by U.S.Public Health Service"Criteria for Acceptability of an Ultraviolet Disinfection Unit." Originally issued April,1966. OO Total power consumption,including ballast loss(based on 120V purifier). All specifications,dimensional data,etc.are approximate and subject to change without notice. *Our S2400C water purifier, used to build this model, is certified to 0/ANSI Standard 61 & 372. All above models are available with alternate inlet/outlet fittings. 15 REPLACEMENT PARTS SANITRON° Model S2400C Figure 10-Exploded View S2400C 15 a) DETAIL"A" 14 ® 13 G '%:% 9 m m Ili N. 17 9 /\ DETAIL"A"la 0 ® TIP.461-r S�N��AN 10 � _ ._ 0A79 tNO il. s , Allit . Jo, tf ,, y< 0O © �� s el A 4j m ....,0 r iri le 49 220-240v 220-240v CE/RoHS 2a r- c 39 1 - -- 3 ..-----,Myt'is. -.4F--- ® 0110 1 is 0i 38 1 16 Table 5-Replacement Parts S2400C 120v/60Hz 220-240v/50Hz CE/RoHS 220-240v Item No. Description Qty Part Number Qty Part Number Qty Part Number 1 EASY-OFF TM End Cap 2 25-0389A 2 25-0389A 2 25-0389A 2 Rubber 0-Ring,Static Gland 2 00-0085A 2 00-0085A 2 00-0085A 3 SteadfastTM Lead Wire&Socket 2 05-2400A 2 05-2400A 2 05-2400A 4 PromateTM Static Gland Nut 2 25-1232C 2 25-1232C 2 25-1232C 5 STER-L-RAY®Lamp 1 05-1311-R 1 05-1311-R 1 05-1311-R 6 Teflon®Washer 2 25-1236A 2 25-1236A 2 25-1236A 7 Rubber 0-Ring,Quartz Sleeve 2 00-1239A 2 00-1239A 2 00-1239A 8 CRYSTAL CLEARTM Quartz Sleeve 1 15-1082A 1 15-1082A 1 15-1082A 9 Head,Flared 1 25-0763A1 1 25-0763A1 1 25-0763A1 10 Rubber 0-Ring,Flared Head 2 00-0020A 2 00-0020A 2 00-0020A 11 Chamber Head Clamp 2 25-4002A 2 25-4002A 2 25-4002A 12 Wiper Rod Assembly 1 25-0427A 1 25-0427A 1 25-0427A 13 Sight Port Plug 1 30-1075 1 30-1075 1 30-1075 14 Chamber 1 25-7060 1 25-7060 1 25-7060 15 Head,Flared 1 25-0764A1 1 25-0764A1 1 25-0764A1 16 Screw,'/4"-20 x 3/8"long 4 50-1034 4 50-1034 4 50-1034 17 Lock Washer,'/4" 4 50-1321 4 50-1321 4 50-1321 18 Flat Washer'/4" 4 50-1317 4 50-1317 4 50-1317 19 Ballast Housing Cover 1 25-0417A 1 25-0417A 1 25-0417A 20 Screw,No.8 x 3/8"long 6 50-0082 6 50-0082 6 50-0082 21 Ballast Housing 1 25-0418D 1 25-0125A 1 25-0125B 22 Screw,6-32 x l/z"long 4 50-0155 2 50-0155 2 50-0155 23 SureliteTM Ballast 1 10-0201 1 10-0155 1 10-0116 24 Speed Nut,6-32 4 50-1314 2 50-1314 2 50-1314 25A Dynamic Gland,Wiper Lock 1 25-1510C1 1 25-1510C1 1 25-1510C1 25B Dynamic Gland,Wiper Lock 1 25-4041A 1 25-4041A 1 25-4041A 26 Drain Plug 1 27-1216 1 27-1216 1 27-1216 27 Wiper Clip 1 25-1507C1 1 25-1507C1 1 25-1507C1 28 Wiper Lock Spacer 1 25-1512A1 1 25-1512A1 1 25-1512A1 29 Wiper Knob 1 25-1222 1 25-1222 1 25-1222 30 Rivet 16 50-1300A 16 50-1300A 16 50-1300A 31 Wiper Backup Ring 4 25-1379A1 4 25-1379A1 4 25-1379A1 32 Teflon®Wiper Segment 8 25-1242A 8 25-1242A 8 25-1242A 33 Welded Wiper Rod 1 25-0425A 1 25-0425A 1 25-0425A 34 Push Nut 16 50-1223A 16 50-1223A 16 50-1223A 35 Lead Cord 1 35-1100 1 35-1452 1 35-1452 36 Ferrite:Broadband Clamp-on - - - - 1 35-1766 37 Filter:Power Multi-Stage - - - - 1 35-1765 38 Screw,6-32 x 5/16"long - - - - 2 50-0087 39 Nut,6-32 Tinnerman - - - - 2 50-0163 All specifications,dimensional data,etc.are approximate and subject to change without notice. 17 SANITRON°HIGH CAPACITY SYSTEMS DIMENSIONAL DATA Figure 11 - S2400C&S5,000C Dimensional Data 15 1/4"[387.35mm] 1 MOUNTING —-—•-—-—1—-—°— 1 0 )E— t, 5 5/8"[142.88mm]_ 09/32"[07.14mm] MOUNTING MOUNTING HOLE TYP 4 PL. 12"[304.80mm] 52 1/8"[1323.96mm] WIPER STROKE 50"[1270.10mm] 38 5/16"[973.14mm] 2"NPT—\ INLET/OUTLET 19 5/32" SIGHT PORT N � [486.56mm] i PLUG i 5 1!2" 1 i 1 )ir r l �. [139.70mm] C;- E__L__I ��� g [ I8 11 1/8" ;s [282.66mm] DRAIN PLUG I 'i 6 9/16"[166.67mm] I WIPER LOCK I 16"[406.40mm] 50"[1270.10mm]MIN.CLEARANCE LAMP/QUARTZ SLEEVE REMOVAL SANITRON® S2400C --. 52 1/8" [1323.96mm] TYP. ....._ 38 5/16" [973.14mm]TYP. _CMAH _ _ 10 3/8" r 17" [263.53mm] TYP. I [430.20mm] TYP. ill I TC L :,.1 IW L R 1 I�- 8 IMO IT� III [380.42mm] TYP. tA- _ i.. III SANITRON® S5,000C 2 -SANITRON® S2400C, IN SERIES. INTERCONNECT PIPING SUPPLIED. 18 DIMENSIONAL DATA Figure 12 -S10,000C,S15,000C,S20,000C,S25,000C Dimensional Data 21"[533.40mm] MI SI�=E146111 21 1/8" - , _ it I [536.58mm] - S 1 2 mIMI®. ft :AI �11111 .,,'Y� ® 'II pi [1353.19mm] 18 1/2" • 34 3/4" [469.90mm] TYP. MEI A [883.29mm] I_I (e III ® l' III :111g ;III '-:::�111 III 1�gI1 1�® 1-11 SANITRON®S10,000C SANITRON®515,000C 2-SANITRON®55,000C, IN PARALLEL. 3-SANITRON®55,000C, IN PARALLEL. MOUNTING STAND SUPPLIED. MOUNTING STAND SUPPLIED. n ':`:�� II iIIII r� :l-1r '-:.:�111 r1111 :�11 �1111 Ii LiJ ill EMI ICI [2292.99mm] 1�■7L=-1a�1 11712 1 71 3/4" I_I n [1823.09mm] I_I it ® �� III � ® �� III :�:1 ;111 =':III; III 1�g1 11-■ -1�1 I . I i _ Ir _____. I ':�:�II� ;111 ' :III; IIIil Ire 1 ' i-a iit SANITRON®520,000C SANITRON®525,000C 4-SANITRON®55,000C, IN PARALLEL. 5-SANITRON®55,000C, IN PARALLEL. MOUNTING STAND SUPPLIED. MOUNTING STAND SUPPLIED. 19 r-, 375 Marcus Boulevard SINCE 1963 Hauppauge,New York 11788 Tel: 631.273.0500 ATLANTIC ULTRAVIOLET Fax:631.273.0771 CORPORATIONa 631.273.0780 Manufacturers I Engineers J Sales I Service www.ultraviolet,com Germicidal Ultraviolet-Equipment&Lamps e-mail: info@ultraviolet.com Declaration of Conformity We Atlantic Ultraviolet Corporation of 375 Marcus Boulevard,Hauppauge,New York, 11788 United States of America Declare that Equipment: Water purifier using a germicidal ultraviolet lamp to produce short wave radiation lethal to bacteria,viruses and other microorganisms. Model Name 1 Number: Sanitron® Ultraviolet Water Purifier, Model S2400C Serial Number: As specified on the equipment. in accordance with the following Directives: 89/336/EEC Electromagnetic Compatibility Directive 98/37/EC Machinery Directive Has been designed and manufactured to the following specifications: EN 60335-1:2002 Specification for safety of household and similar electrical appliances.General requirements EN 55011:1998 Limits and methods of measurement of radio disturbance characteristics of Industrial, Scientific,and Medical (ISM)equipment EN 61000-3-2:2000 Electromagnetic Compatibility-Part 3:Testing and measurement techniques-Section 2: Harmonic current emissions test EN 61000-3-3:1995 Electromagnetic Compatibility-Part 3:Testing and measurement techniques— Section 3:Voltage fluctuation and flicker test EN 61547:1995&A1:2000 Equipment for general lighting purposes—EMC immunity requirements EN 61000-4-2:1995 Electromagnetic Compatibility-Part 4: Testing and measurement techniques— Section 2: Electrostatic discharge immunity test EN 61000-4-3:2002 Electromagnetic Compatibility-Part 4: Testing and measurement techniques— Section 3: Radiated,radio-frequency,electromagnetic field immunity test EN 61000-4-4:1995 Electromagnetic Compatibility-Part 4: Testing and measurement techniques— Section 4:Electrical fast transient/burst immunity test EN 61000-4-5:1995 Electromagnetic Compatibility-Part 4: Testing and measurement techniques— Section 5:Surge immunity test EN 61000-4-6:1996 Electromagnetic Compatibility-Part 4: Testing and measurement techniques— Section 6:Conducted immunity test EN 61000-4-11:1994 Electromagnetic Compatibility-Part 4:Testing and measurement techniques— Section 11:Voltage dips and interruptions immunity test I hereby declare that the equipment named above has been tested and found to comply with the relevant sections of the above referenced specifications.The unit complies with all essential requirements of the Directives. Signed By: ✓"'"`�¢ �-G-G� f �rr es: "A„.7-- Date: isifi 50 2 v0 7 Full Name: 77! A (, pe/-IAJ,e Position "4' 5/12,k'/1/7— GERMICIDAL LAMPS&FIXTURES I AIR PURIFICATION EQUIPMENT/WATER PURIFICATION EQUIPMENT/ LIQUID DISINFECTION EQUIPMENT OZONE GENERATORS/WASTE WATER DISINFECTION SYSTEMS/ PHOTOTHERAPY EQUIPMENT/BLACK LIGHT LAMPS&EQUIPMENT 20 MAINTENANCE NOTES 21 MAINTENANCE NOTES 22 MAINTENANCE NOTES 23 USER ASSISTANCE Atlantic Ultraviolet Corporation® Please read and become familiar with the Atlantic Ultraviolet Corporation® makes every effort to ensure that the contents of this manual before installing 375 Marcus Boulevard SAN ITRON®Ultraviolet Water Purifiers or using this purifier.If after reading Hauppauge,New York, 11788 are products of superior quality and the manual you still have questions,or Tel: 631.273.0500 workmanship.This manual describes the concerns,regarding the installation or Fax: 631.273.0771 installation,operation and maintenance use of this purifier,contact our offices, of the SANITRON®Ultraviolet weekdays between 8:30 am and 5:00 pm E-mail: infogultraviolet.com Water Purifiers. Eastern Time,at: Website:Ultraviolet.com BuyUltraviolet.com PATENT NOTICE No attempt has been made to determine the patent status of applications illustrated or described in this publication.Inclusion in this publication of any design or method of use,which may be patented,is not to be construed as promoting or sanctioning unauthorized use. NSF/ANSI NSF/ANSI 61 is a set of national standards that relates to water treatment and establishes stringent requirements for the control of equipment that comes in contact with either potable water or products that support the production of potable water.NSF/ANSI 372 was set in 2011 to establish procedures to meet the 0.25%lead content requirement of the RLDWA(Reduction of Lead in Drinking Water Act)using a wetted surface area average calculation or just simply using all no-lead materials for areas in contact with drinking water. NSF/ANSI 372 includes a broader scope of drinking water products covered by the law which may not be covered under NSF/ANSI 61 and enables large or complex products and assemblies to achieve certification. WARRANTY & PRODUCT REGISTRATION We warrant this product to the original owner to be free from defects in material and workmanship when installed in accordance with Atlantic Ultraviolet Corporation®specifications for a period of time as follows: UV Water Purifier Chambers—Type 316 stainless steel chambers will have a Twelve(12)year Limited Warranty on the stainless steel chamber,from the date of original purchase while the Type 304 stainless steel chambers will have a Six(6)year Limited Warranty on the stainless steel chamber. UV Air Disinfection Housing—Three(3)year Limited Warranty on the metal housing,from the date of original purchase. Ballast—Three(3)year Limited Warranty,from the date of original purchase. UV lamps and Other parts—One(1)year Limited Warranty from the date of original purchase. Within the warranty period we shall repair or replace such products,which are returned to us with shipping charges prepaid and which are determined by us to be defective.This warranty will not apply to any product,which has been subjected to misuse,negligence or accident;or misapplied;or modified;or repaired by unauthorized person;or improperly installed.Warranty will be null and void if any of the product's original labels are removed.This Limited warranty excludes the cost of labor. The Buyer shall inspect the product promptly after receipt and shall notify us at our main office in writing of claims,including claims of breach of warranty,within thirty(30)days after the Buyer discovers or should have discovered the facts upon which the claim is based.Failure of the Buyer to give written notice of a claim within the time period shall be deemed to be a waiver of such claim. The provisions of the above warranty are our sole obligation and exclude all other remedies or warranties,expressed or implied, including warranties of merchantability and fitness for a particular purpose,whether or not purposes or specifications are described herein.We further disclaim any responsibility whatsoever to the customer,or to any person for injury to person,damage to,or loss of property or value caused by any product which has been subjected to misuse,negligence,accident;or modified or repaired by unauthorized persons;or improperly installed. Under no circumstances shall the Company be liable for any incidental,consequential or special damages;losses or expenses arising from the contract for this product,or in connection with the use of,or inability to use,our product for any purpose whatsoever. Be sure to register your product and validate purchase within 30 days—registration is simple and will take less than 2 minutes to do. NOTE—failure to register your purchase may jeopardize warranty. Go to Ultraviolet.com and scroll down to the bottom of the page,under"Trust"click the"Warranty Registration Form",complete and click"Submit".Or click on"Warranty Registration PDF"to download the warranty registration card as a PDF,complete and mail to us at 375 Marcus Boulevard,Hauppauge,NY 11788,or simply fax to 631-273-0771.If you prefer to register by phone,please call 631-273-0500 and our customer service staff will be glad to assist you. For your convenience,record the following information below.The model and serial number can be found on a label located on the SANITRON®Ultraviolet Water Purifier.Keep this manual,along with proof of purchase,handy when contacting our offices. Purchased From: Date: Model: Serial No.: 24 State of North Carolina DWR Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02T.0700—HIGH-RATE INFILTRATION SYSTEM—RENEWAL FORM:HRIS-R 02-21 Pursuant to 15A NCAC 02T.0107(b),if the application does not include all required information and the necessary supporting documentation,the application shall be returned. The application and attachments shall be prepared in accordance with 15A NCAC 02T .0100, 15A NCAC 02T .0700, and Division Policies. For more information, visit the Water Quality Permitting Section's Non-Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments uploaded as a single Portable Document Format(PDF)file to https://edocs.deo.nc.gov/Forms/NonDischarge-Branch-Submittal- Form-Ver2,or emailed to Non-Discharge.Reports(a)ncdenr.gov if less than 20 megabytes(MB). SECTION I—APPLICANT INFORMATION ' , 1. Applicant: Genesis Condominium Owners Association 2. Permit No.: WQ0006863 3. Signature authority: Grady Fulcher Title: Property Manager Phone number: (252)247-4017 Office Email: grady@beaconsreach.com 4. Mailing address: P.O.Box 1154 City: Atlantic Beach State:NC Zip: 28512- 5. Contact person: Grady Fulcher Email: grady@beaconsreach.com Primary phone number: (252)247-4017 Office Secondary phone number: ( ) - Select SECTION II—FACILITY INFORMATION 1. Physical address: 301 Salter Path Road County: Carteret Parcel No.: 635518405964000 City: Pine Knoll Shores State:NC Zip: 28512- 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 34.695039° Longitude: -76.820914° Method:Map interpretation by extraction SECTION III—FLOW INFORMATION 1. Permitted flow: 24000 GPD(The maximum allowable flow based on what has been permitted) 2. As-built flow: 24000 GPD(The maximum allowable flow based on what has been constructed) 3. Average flow: 6000 GPD(The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 25 %(Divide the average flow in Item 3 by the As-built flow in Item 2) 5. Wastewater composition: Domestic : 100% Industrial: % Stormwater: % SECTION IV—BILLING INFORMATION 1. Billing address:P.O.Box 1154 City: Atlantic Beach State:NC Zip: 28512- 2. Verify the Applicant does not have any overdue annual fees: https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wq-epayments Pursuant to 15A NCAC 02T .0120(c),permits for renewing facilities shall not be granted if the Applicant or any affiliation has an unpaid annual fee. FORM:HRIS-R 02-21 Page 1 of 6 SECTION V—OPERATOR IN RESPONSIBLE CHARGE(ORC)INFORMATION 1. ORC:Don O'Mara Grade:3 Certification No.: 7904 Mailing address:P.O.Box 4602 City: Emend Isle State:NC Zip:28594- Phone number: (252)725-2129 Cell Email:D_Omara@hotmail.com 2. Back-Up ORC: Stanley Buck Grade:3 Certification No.:993396 Mailing address: 133 Rattan Street City:Newport State:NC Zip: 28570- Phone number: (252)503-5307 Cell Email: SECTION VI—OPEN-ATMOSPHERE STRUCTURES .111 1. List all open-atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if necessary. Type Parcel No. Volume(gal) Liner Type Freeboard(ft) Latitude Longitude Select Select - . ° Select Select - . ° Select Select . - ° Select Select . - ° SECTION VII—RELATED PERMITS 1. List all wastewater permits(i.e., sewer, collection system,NPDES,residuals)that have interactions with the renewing permit. Attach additional sheets if necessary. Permit Type Permit No. Relationship Type Select Select Select Select Select Select Select Select SECTION VIII—MONITORING WELLS 1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary. Well Name Parcel No. Status Gradient Location Latitude Longitude MW-1 635518407873000 Active Upgradient On Review Boundary 34.695030° -76.821678° MW-2 635518407873000 Active Upgradient On Review Boundary 34.695022° -76.821856° MW-3 635518405964000 Active Downgradient Outside Compliance Boundary 34.694403° -76.821272° MW-4 635518407873000 Active Downgradient On Compliance Boundary 34.694869° -76.821683° Select Select Select . ° - ° Select Select Select . ° - ° Select Select Select . ° - ° Select Select Select . ° - ° Select Select Select . ° - ° Select Select Select . ° - ° Select Select Select . ° - ° FORM:HRIS-R 02-21 Page 2 of 6 ■ SECTION IX—INFILTRATION SITES 1. List all infiltration sites associated with the renewing permit. Attach additional sheets if necessary. Site County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 01 Carteret 635518407873000 Genesis Condo Owners 0.03 NA 34.694966° -76.821597° Assoc. 02 Carteret 635518407873000 Genesis Condo Owners 0.03 NA 34.694933° -76.821869° Assoc. o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 O 0 O 0 o 0 O 0 O 0 O 0 FORM:HRIS-R 02-21 Page 3 of 6 Total Acreage: ATTACHMENT A—SITE MAP Was the facility originally permitted or had a major modification issued after September 1,2006? ® Yes—Pursuant to 15A NCAC 02T.0105(d),submit a site map pursuant to the requirements in 15A NCAC 02T.0704(d). These requirements are: ❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility-related structures and fences within the wastewater treatment,storage,and infiltration areas. ❑ Soil mapping units shown on all infiltration sites. ❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes,ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage, and infiltration sites. ❑ Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and.0108. ❑ Setbacks as required by 15A NCAC 02T.0706. ❑ Site property boundaries within 500 feet of all wastewater treatment,storage,and infiltration sites. ❑ All habitable residences or places of public assembly within 500 feet of all treatment,storage,and infiltration sites. ❑No—Skip Attachment A. ATTACHMENT B—SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section I,Item 3 meet the requirements pursuant to 15A NCAC 02T.0106(b)? ®Yes—Skip Attachment B. ❑No—Submit a delegation letter pursuant to 15A NCAC 02T.0106(c)authorizing the signature authority to sign. ATTACHMENT C—FLOW REDUCTION Does the existing permit include an approved flow reduction? ❑ Yes—Submit a copy of the flow reduction approval letter,as well as the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20%of the approved flow reduction value,the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A NCAC 02T.0114(f). ® No—Skip Attachment C. ATTACHMENT D—CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately-Owned Public Utility? ❑ Yes — Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. ®No—Skip Attachment D. ATTACHMENT E—OPERATIONAL AGREEMENT Is the Applicant a Home/Property Owners'Association or Developer of Lots to be Sold? ® Yes(Home/Property Owners'Association)—Pursuant to 15A NCAC 02T.0115(a)(2),submit an executed Operational Agreement (FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's Association,submit a copy of the Articles of Incorporation,Declarations,and By-laws. ❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement (FORM: DEV). Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the Articles of Incorporation,Declarations,and By-laws. ❑No—Skip Attachment E. FORM:HRIS-R 02-21 Page 4 of 6 Elm ATTACHMENT F—DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES Is the applicant a municipality,county,sanitary district,or public utility? ❑ Yes—Proceed to the next question. ® No—Skip Attachment F. Does the hydraulic capacity in Section III,Item 4 exceed 70%? ❑ Yes(the hydraulic capacity is greater than 70%,but less than 80%)— Pursuant to 15A NCAC 02T .0118(1),prior to exceeding 80 percent of the system's permitted hydraulic capacity(based on the average flow during the last calendar year),the permittee shall submit an engineering evaluation of their future wastewater treatment,utilization,and disposal needs.This evaluation shall outline plans for meeting future wastewater treatment,utilization,or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows,or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date,a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. ❑ Yes(the hydraulic capacity greater than 80%)—Proceed to the next question. ❑ No—Skip Attachment F. If answered Yes above,does the hydraulic capacity in Section III,Item 4 exceed 80%? ❑ Yes (the hydraulic capacity is greater than 80%)—Pursuant to 15A NCAC 02T .0118(2),prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion,including a construction schedule.If expansion is not proposed or is proposed for a later date,a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. ❑ No—Skip Attachment F. ATTACHMENT G—EASEMENT,ENCROACHMENT,AND LEASE AGREEMENTS Does the Permittee own all of the land associated with the wastewater collection,treatment,conveyance,infiltration,and groundwater lowering(if applicable) system? ® Yes—Skip Attachment G. ❑ No —Pursuant to 15A NCAC 02T .0116(c),provide a copy of all easements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater collection,treatment,conveyance, infiltration, and groundwater lowering(if applicable)system on property not owned by the Permittee. ATTACHMENT H—AFFILIATIONS Are the Permittee's affiliations of record correct? Check affiliations. ❑ Yes—Skip Attachment H. ® No—Provide the corrected affiliations and their contact information. ATTACHMENT I—COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules?(See Section I of the most recently issued permit) ❑ Yes—Submit documentation that the compliance schedules have been met. ® No—Skip Attachment I. ATTACHMENT J—CIVIL PENALTIES AND OUTSTANDING VIOLATIONS Does the Permittee have any existing civil penalties or outstanding violations? ❑ Yes(civil penalties)—Submit payment for the civil penalty,or proof of remission request. ❑ Yes(violations)—Submit a copy of your response to the Notice of Violation. ® No—Skip Attachment J. FORM:HRIS-R 02-21 Page 5 of 6 ATTACHMENT K--INDUSTRIAL WASTEWATER Does the wastewater composition in Section III,Item 5 include any industrial wastewater? ❑ Yes—Proceed to the next question. ® No—Skip Attachment K. IIas the nature of the industrial wastewater changed since the last permit issuance(i.e.,changes in industrial process,introduction of new materials or chemicals,etc.)? ❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02T .0704(h). Provide an overview of the manufacturing process;an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process;and an overview of the cleaning and treatment methodology. ATTACHMENT L—SETBACK WAIVERS Does the existing permit include setback waivers? ❑ Yes —Pursuant to 15A NCAC 02T .0706(d),provide setbacks waivers that have been written,notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02f, .0107. ® No—Skip Attachment L. APPLICANT'S CERTIFICATION I, Grady Fulcher attest that this application (Signature authority's name as noted in Section I,Item 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T.0120(b),that the applicant,or any parent,subsidiary,or other affiliate of the applicant has:not been convicted of environmental crimes under;not previously abandoned a wastewater treatment facility without properly closing the facility;not paid a civil penalty;not been compliant with any compliance schedule in a permit,settlement agreement,or order;not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T.0106(b). An alternate person maybe delegated as the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any person who knowingly makes any false statement,representation,or certification in any application package shall be guilty of a Class 2 misdemeanor,which may include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation. Signature: ,fit ��' Date: 9/16/2021 THE COMPLETED APPLICATION ANl)ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Email: Laserfiche Upload: Non-llischaree.Reuorts(&,ncdenr.goy https://edocs.deo.nc.2ovfForms/NonDischar2e-Branch- Submittal-Form-Vert FORM:HRIS-R 02-21 Page 6 of 6 w W W W J V cY, v Y O cn O �- 3 O U O �- O cc,O 0 0 �- Q O �- cn m L\ O � � O ��w � O � � J Z o 0 0 o 0 0 o z N zoo o O O o� zo �o�v, oQw o zo— woQ'n Oz I- C� �Wn o o o o N o UU �� oo zo�zw� w� �oQ �J ��� �° �QD �m� Imo �o� E Z zw� z z�LX wow z w�� z�J OO 0o z �g Cr oC m �QwQ 0 mwc- 1cOnQD zm o�CL C:) CIL rl O O 2 - cn o c� cn O 2 0 2 0 0 o O o 0 0 �7 rl O O J N � w J O r-I O U U w o LL w O =� Q z W C o W o 0 mow z� Z w W Qo w � �Ocn�w UWOQ'W Q tr) WO 00 O O Z Ur4 Z O dlz �r U U W W Z O 1 3 Sur_ Wz_ o w � o z w Qo C) w U U� = W LL O Q Z U W Er � � L w � o N Z o1 I V � �Z v W � Q O Z T (\/ STATE OF NORTH CAROLINA COUNTY OF Carteret Permit No. WQ0006863 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this day of 2021 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Genesis Condominium Owners Association, Inc. , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was fanned for the purpose, among others, of handling the property, affairs and business of the development known as Genesis Condominiums (hereinafter the Development); of operating, maintaining, re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re-construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct,maintain,and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the 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. 5. 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 ASSOCIATION do hereby mutually agree as follows: • 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to 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 is accordance with applicable permit provisions and law. 2. The ASSOCIATION 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. FORM:HOA 01-20 Page 1 of 2 .3. The ASSOCIATION 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 fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made as necessary at any time. 5. 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 ASSOCIATION 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. 6. 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 ASSOCIATION 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. 7. The ASSOCIATION 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 ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. 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 5 CD--(So � � MANAGEMENT COMMISSION Name of ASSOCIATION By: S. Daniel Smith, Director (Signature) Division of Water Resources Print Name and Title (Date) (Date) FORM:HOA 01-20 Page 2 of 2 e F ,,_ E D ARTICLES OF INCORPORATION OF JAN t3 38 AM '63 GENESIS CONDOMINIUM OWNERS' ASSOCIATION, INC. AD FUG F _ RoLNA The undersigned, being of the age of eighteen (18) years or more, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a non-profit corp- oration under and by virtue of the laws of the State of North Carolina. ARTICLE I The name of the corporation is Genesis Condominium Owners' Association, Inc. ARTICLE II The period of duration of the corporation shall be the life of the condominium unless the Association is terminated sooner by the unanimous action of its members. The Association shall be terminated upon the termination of the condominium in accordance with the condominium documents and the laws of the State of North Carolina. ARTICLE III The purpose for which the corporation is organized is to provide an entity pursuant to the North Carolina General Statutes for the operation of Genesis Condominium, a con- dominium development located at Atlantic Beach, North Carolina. The Association is organized to provide a means of admi- nistering the condominium by the owners thereof. ARTICLE IV The Association shall have all of the powers of a corporation not for profit in North Carolina, so long as said powers are not in conflict with the terms of these Articles, and the Declaration of Unit Ownership governing this con- dominium project, or the By-Laws of this Association. ARTICLE V The members of the Association shall consist of all of the record owners of condominium unit in the development as determined in accordance with the Declaration and By-Laws of the condominium project. -2- ARTICLE VI The number and manner of selection of officers and directors are as set out in the Declaration of Unit Ownership and the By-Laws of Genesis Condominium Owners ' Association, Inc. ARTICLE VII No part of the net earnings of the corporation shall inure to the benefit of any officer, director or member of the corporation; and upon dissolution of the corporation the assets thereof shall, after all of the liabilities and obligations have been discharged or adequate provison made therefor, be utilized to further the purposes for which this corporation is chartered. ARTICLE VIII Amendments to these Articles of Incorporation shall be adopted as set out in the Declaration of Unit Ownership and the By-Laws of the corporation. ARTICLE IX The address of the initial registered office of the corporation in the State of North Carolina is 1210 Arendell �1 2Ts�'6-r 1 W4Ir'1, Street, Morehead City, kNorth Carolina 28557. The name of the initial registered agent at such address is R. D. Darden, Jr. ARTICLE X The number of directors constituting the initial Board of Directors shall be seven (7) and the names and addresses of the persons who are to serve as the initial directors are: Shishir B. Kapadia 2721 Manchester Drive Akron, Ohio Jon T. Lombardi 2721 Manchester Drive Akron, Ohio R. D. Darden, Jr. 1210 Arendell Street Morehead City, NC 28557 Edith W. Pierce 1210 Arendell Street Morehead City, NC 28557 Perry B. Owens 2335 Sanders Road Northbrook, Illinois 60062 L. George Frazier 3060 Cameron Drive Henderson, NC 27536 Roderick M. Duncan Route 3, Box 282-J Wake Forest, NC 27587 • -3- ARTICLE XI The name of the incorporator is R. D. Darden, Jr. , 1210 Arendell Street, Morehead City, North Carolina 28557 IN WITNESS WHEREOF, I have hereunto set my hand and seal, the / 2-' day of January, 1983.445_ ( AL) R. D. Darden, Jr. STATE OF NORTH CAROLINA COUNTY OF CARTERET I, a Notary Public of the aforesaid State and County, do hereby certify that R. D. Darden, Jr. personally came before me and acknowledged the due execution of the foregoing Articles of Incorporation. Witness my hand and seal this the / 21 , day of JanuaWo 1983. c.--* �J"'.Y Notary Public Mg u� $ Exgires: Tit PU Ea" r;3 f Y • • NORTH CAROLINA,CARTERET COUNTY The foregoing certificates)of Notary Public(s)&are certified to be correct This instillment and this certifi- cate are duly registered at the dale and time and in the Book a • ',ge shown on the first page hereof. .s-Arch Re Mar of Deeds / •/ Note,`` 0E04 Reptswar • • 'Ifijw Melanie Arthur 111P ObijK1 r nn JL Data 43/18/2404 Time 13:45:06 BR 144e.v Page 1 of 111 54d 5 AMENDED and RESTATED DECLARATION of CONDOMINIUM for GENESIS CONDOMINIUM OWNERS' ASSOCIATION,INC. • Pine Knoll Shores Carteret County North Carolina March s ,2004 PA .�/ 4.: t%K • • • • • AMENDED and RESTATED DECLARATION of CONDOMINIUM for GENESIS CONDOMINIUM OWNERS'ASSOCIATION,INC. Table of Contents Page ARTICLE I. ESTABLISHMENT OF CONDOMINIUM 3 ARTICLE IL SURVEY AND DESCRIPTION OF IMPROVEMENTS 3 ARTICLE III. DEFINITIONS 4 ARTICLE IV. OWNERSHIP OF UNITS AND ALLOCATED INTEREST IN COMMON ELEMENTS 5 ARTICLE V_ NO SUBDIVISION OF UNITS: SEPARATE CONVEYANCE OF COMMON ELEMENT INTEREST PROFILE]1 Ell 6 ARTICLE VT. THE CONDOMINIUM SUBJECT TO RESTRICTIONS, 6 ARTICLE VII. PERPETUAL NON-EXCLUSIVE EASEMENT IN COMMON ELEMENTS 7 ARTICLE VIII. RESTRAINT UPON SEPARATION AND PARTITION OF COMMON ELEMENTS 8 ARTICLE IX. ADMINISTRATION OF THE CONDOMINIUM BY GENESIS CONDOMINIUM OWNERS'ASSOCIATION,INC. S • ARTICLE X. RESIDENTIAL USE RESTRICTIONS APPLICABLE TO UNITS 9 ARTICLE XL USE OF COMMON ELEMENTS SUBJECT TO RULES OF ASSOCIATION 10 ARTICLE XIl. THE CONDOMINIUM TO BE USED FOR LAWFUL PURPOSES: RESTRICTION AGAINST NUISANCES 10 ARTICLE)DTI, RIGHT OF ENTRY INTO UNITS IN EMERGENCIES 10 ARTICLE XIV. RIGHT OF ENTRY FOR MAINTENANCE OF COMMON ELEMENTS 10 • ARTICLE XV. LIMITATION UPON RIGHT OF OWNERS TO AL I ER AND MODIFY UNITS: NO RIGHT TO ALTER COMMON ELEMENTS 11 ARTICLE XVL RIGHT OF ASSOCIATION TO ALTER AND IMPROVE COMMON ELEMENTS AND ASSESSMENT THEREFOR: RIGHT OF ASSOCIATION TO GRANT PERMITS,LICENSES AND EASEMENTS 11 ARTICLE XVI I. MAINTENANCE AND REPAIR BY OWNERS OF UNITS 12 ARTICLE XVIII. MAINTENANCE AND REPAIR OF COMMON ELEMENTS BY ASSOCIATION 12 • ARTICLE XIX. AUTHORITY TO PURCHASE INSURANCE 13 ARTICLE XX, INSURANCE COVERAGE TO BE MAINTAINED: USE AND DISTRIBUTION OF INSURANCE PROCEEDS 14 ARTICLE XXI. RECONSTRUCTION OR REPAIR OP CASUALTY DAMAGE ........................, 17 ARTICLE XXII_ CONDEMNATION OF COMMON Fs FMENTS OR UNITS -- 18 ARTICLE XXIII. ASSOCIATION TO MAINTAIN REGISTER OF OWNERS IS ARTICLE XXIV. ASSESSMENTS: LIABILITY,LIEN AND ENFORCEMENT 19 ARTICLE XXV. COMMON SURPLUS 23 ARTICLE XXVI, TERMINATION ...................................................................................................... 24 ARTICLE XXVII- AMENDMENT OF DECLARATION.....-.--..........................................,..................... 25 ARTICLE XXVIII. REMEDIES IN EVENT OF DEFAULT 26 ARTICLE XXIX RIGHTS RESERVED UNTO INSTITUTIONAL LENDERS ........... 27 ARTICLE XXX. MORTGAGE OR DEED OF TRUST ON UNITS .. 28 ARTICLE X3:XI. SEVERABILITY............................................ 28 ARTICLE XXXII. LIBERAL CONSTRUCTION: CONFLICT 29 ARTICLE XXXIII. DECLARATION BINDING ON ASSIGNS AND SUBSEQUENT OWNERS 29 ARTICLE XXXIV. AGENT TO RECEIVE SERVICE OF PROCESS 29 Q soo+1 �d J PAG U • • NORTH CAROLINA AMENDED and RESTATED DECLARATION of CONDOMINIUM CARTERET COUNTY for GENESIS CONDOMINIUM THIS AMENDED and RESTATED DECLARATION of CONDOMINIUM for GENESIS CONDOM NiUM("Amended and Restated Declaration")is made this II day of March,2004,by Unit Owners having not less than seventy-five percent(75%)ownership interest • in the Common Elements of Genesis Condominium,pursuant to the provisions of Chapter 47A • of the North Carolina General Statutes,as amended,sometimes hereinafter referred to as the "Unit Ownership Act." WITNESSETH THAT: WHEREAS,GENESIS,a joint venture in which Genesis-Development Ltd a North Carolina corporation,and Gold Dome Realty Development Corp.,a Delaware corporation,were • co-venturers,("Declarant"),caused a Declaration of Unit Ownership for Genesis Condominium • to be filed on January 26, 1983,in Book U0-16,Page 337,Office of the Register of Deeds of it. Carteret County,North Carolina,and Condominium Plans for Genesis Condominium in Map • Book 10-E,Pages 78-84,creating Genesis Condominium located in the Town of Pine Knoll Shores,Carteret County,North Carolina(the"Original Declaration");and WHEREAS,Declarant caused the Original Declaration to be amended by Amendments to Declaration recorded in Book 00-19,Page 225;Book UO-34,Page 188;Book U0-48,Page 18;and Book UO-58,Page 226,and Amendments to the Original Plans to be filed in Map Book 10-F,Pages 50-56;Map Book 10-G,Pages 65-72;Map Book 10-1,Pages 37-42;and Map Book 10-M,Pages 1-8,(the"Amendments")(the Original Declaration;Original Plans and the Amendments are collectively hereinafter referred to as the"Original Declaration");and WHEREAS,pursuant to Paragraph 29 of the Original Declaration,Unit Owners having not less than seventy-five percent(75%)ownership interest in the Common Elements have agreed to amend the Original Declaration and have executed this Amended and Restated Declaration and caused it to be filed in the Office of the Register of Deeds of Carteret County, North Carolina,thereby specifically setting forth the items to be amended and any new matters thereunto added. • NOW,THEREFORE,the Unit Owners executing this document hereby affirm the submittal of the real property described in the Original Declaration and the improvements thereon to the provisions of the North Carolina Unit Ownership Act as a Condominium Project and impose upon the said real property and improvements a general plan of mutually beneficial covenants,conditions and restrictions for the benefit of all owners of Units in the Condominium as more specifically hereinafter set forth. 2 Book P .F _ y. Ii,� ff • ARTICLE I. ESTABLISHMENT OF CONDOMINIUM The Condominium is situated on the real property located in Carteret County,North Carolina,described in the Original Declaration,and shown on Schedule"A"attached hereto and incorporated herein by reference,and on which property there have been constructed five(5) buildings on up to six(6)levels,containing a total of sixty(60)condominium living units and their supporting facilities including parking spaces,swimming pool,boardwalk,deck,waste treatment facility,access driveway and other appurtenant'improvements. The buildings are constructed as follows: 1. Foundations—on timber pilings or block masonry; k--- 2. Ground level to first living floor—masonry or masonry block; 3. . From first floor level up-wood frame with built-up wooden trusses; 4. Walls within units are conventional wood stud with dry wall surfaces. Walls separating units are of double-stud construction with an air space and sound insulation barrier; 5. Floors are of3/4-inch T&G plywood. Sound insulation is provided between Units which are separated horizontally, Floors are finished with carpeting,vinyl tile or quarry tile; 6. Each building is divided into two(2)sections,separated by a firewall with four- hour rating; 7. Exterior siding is cypress lumber,decks are of fir or rot-resistant lumber,roofs are plywood surfaced with fiberglass shingles; all as more particularly shown on the Original Plans and the Amendments to the Original Plans, copies of which are on file at the main office of the Association hereinafter identified. Declarant has submitted the above-described property and improvements to condominium ownership under • the provisions of Chapter 47A of the General Statutes of North Carolina(Unit Ownership Act), and declared the same to be a condominium to be known and identified as"Genesis Condominium,"sometimes hereinafter referred to as the"Condominium." ARTICLE II. SURVEY AND DESCRIPTION OF IMPROVEMENTS The Original Plans and the Amendments to the Original Plans contain copies of surveys of the land and graphic descriptions and plans of the improvements constituting the Condominium(the"Condominium Plan"),identifying the Units and Common Elements,as said terms are hereinafter defined,and their respective locations,approximate dimensions and principal building materials. Each Unit has been assigned an Identifying Number or Identifying Alpha-Numeric designation an the Original Condominium Plan,and no Unit bears the same Identifying Number or Alpha-Numeric designation as any other Unit, There are no Units designated 49 through 60. The Condominium Plan is recorded in the following Map Books of the Carteret County Registry: Map Book 10-E,Pages 78-84(Units 13 through 24);Map Book 10-F,Pages 50-56(Units 1 through 12);Map Book 10-G,Pages 65-72(Units 25 through 36); 3 BOOK /D PArg I kry_ Map Book 10-I,Pages 37-42(Units 37 through 48);and Map Book 10-M,Pages 1-8(Units 61 through 72). • ARTICLE III. DEFINITIONS The Condominium consists of Units and Common Elements,as said terms are hereinafter defined, The terms"Common Areas and Facilities"(sometimes herein referred to as"Common Elements"),"Association,""Common Areas,""Common Expenses,""Common Profit," "Condominium,"'Declaration,""Unit Designations,""Limited Common Areas,""Majority or "Majority Unit Owners,""Unit,""Unit Designations"and"Owner,"unless it is plainly evident from the content of this Amended and Restated Declaration that a different meaning is intended, shall,as used herein,have the meaning set out in Chapter 47A of the General Statutes of North Carolina,known as the Unit Ownership Act, A. Units,as the term is used herein,shall mean and comprise the sixty(60) separately identified Units that are designated in Exhibit"A"to this Amended and Restated Declaration. The Units shall exclude,however,all spaces and improvements lying: 1. Beneath the subflooring material of all Boors; 2. Beneath the interior surfacing material of all perimeter walls,interior bearing walls and/or bearing partitions;and 3. Above the interior surfacing material of the ceilings. Units shall further exclude all pipes,ducts,wires,conduits for the furnishing of utilities and services to other Units and Common Elements up to and including the point of entry of such pipes,ducts,wires and conduits into a Unit. All pipes,ducts,wires and conduits for the furnishing of utilities and services shall become a part of the respective Units at such point of entry. All exterior doors,window frames,glass panes and screens in doors,windows,solariums and exterior lights controlled from within the Unit shall be part of the respective Units. ti B. Common Elements("Common Elements")shall mean and comprise ail of the real • property,improvements and facilities of the Condominium other than the Units,and all personal property held and maintained by the Association for the use and enjoyment of all the Owners of Units. C. Certain portions of the Common Elements are reserved for the use of a particular Condominium.Unit to the exclusion of other Units and are designated as"Limited Common Elements." Limited Common Elements and the Condominium Units to which they are reserved are as follows: �(7 4 Pitkr- - /7 U l max. • • 1. Unit Numbers Limited Common Area 1 and 2 Stairway and Enclosed Ground Level Foyer 3,4,5 and 6 Stairway and Enclosed Ground Level Foyer 7,8,9 and 10 Stairwayand Enclosed Ground Level Foyer Y 11 and 12 Stairway and Enclosed Ground Level Foyer 33 and 14 Stairway and Enclosed Ground Level Foyer 15,16,17 and 18 Stairway Only 19,20,21 and 22 Stairway Only 23 and 24 Stairway and Enclosed Ground Level Foyer • 25 and 26 Stairway and Enclosed Ground Level Foyer 27,28,29 and 30 Stairway Only 31,32,33 and 34 Stairway Only 35 and 36 Stairway and Enclosed Ground Level Foyer 37 and 38 Stairway and Enclosed Ground Level Foyer 39,40,41 and 42 Stairway Only 43,44,45 and 46 Stairway Only • 47 and 48 Stairway and Enclosed Ground Level Foyer 61 and 62 Stairway and Enclosed Ground Level Foyer 63,64,65 and 66 Stairway and landings Only 67,68,69 and 70 Stairway and Landings Only 71 and 72 Stairway and Enclosed Ground Level Foyer 2. Ali Unit entryways and decks appurtenant to Units. ARTICLE IV. OWNERSHIP OF UNITS AND ALLOCATED INTEREST IN COMMON ELEMENTS Each Unit shall be conveyed and treated as an individual property capable of independent use and fee simple ownership,and the Owner of each Unit shall also own,as an appurtenance to the ownership of each said Unit,an undivided interest m the Common Elements("Allocated Interest"). The Allocated Interest appurtenant to each Unit as of the date of this Restated • Declaration is as set out in Exhibit'B"attached hereto and made a part hereof. The Allocated Interest in the Common Elements appurtenant to each Unit as shown in said Exhibit was determined by the Declarant based on the relative fair market value of the Units at the time of the recording of the Original Declaration and the Amendments thereto. 5 • mod', ARTICLE V. NO SUBDIVISION OF UNITS. SEPARATE CONVEYANCE OF COIVIMON ELEMENT INTEREST PROHIBITED No Condominium Unit may be divided or subdivided into a smaller Dwelling Unit or Units than as shown on the Condominium Plans,nor shall any Condominium Unit or portion thereof be added to or incorporated into any other Condominium Unit The undivided interest in the Common Elements declared to be an appurtenance to each Condominium Unit shall not be conveyed,devised,encumbered or otherwise dealt with separately from said Condominium Unit, and the undivided interest in Common Elements appurtenant to each Condominium Unit shall be deemed conveyed,devised,encumbered or otherwise included with the Condominium Unit even though such undivided interest is not expressly mentioned or described in the instrument conveying,devising,encumbering or otherwise dealing with such Condominium Unit. Any • conveyance,mortgage,devise or other instrument which purports to grant any right,interest or lien in,to or upon a Condominium Unit,shall be null,void and of no effect insofar as the same purports to affect any interest in a Condominium Unit and its appurtenant undivided interest in • Common Elements,unless the same purports to convey,devise,encumber or otherwise trade or deal with the entire Condominium Unit, Any instrument conveying,devising,encumbering or otherwise dealing with any Condominium Unit,which describes said Condominium Unit by the Condominium Unit numeric or alpha-numeric designation assigned thereto in Exhibit"B" without limitation or exception,shall he deemed and construed to affect the entire Condominium Unit and its appurtenant undivided interest in Common Elements. Nothing herein contained shall be construed as limiting or preventing ownership of any Condominium Unit and its appurtenant undivided interest in the Common Elements by more than one person or entity as tenants in common,joint tenants,or as tenants by the entirety. ARTICLE VI. • THE CONDOMINIUM SUBJECT TO RESTRICTIONS The Units,Common Elements and Limited Common Elements shall be,and the same are hereby declared to be,subject to the restrictions,easements,conditions and covenants prescribed and established herein governing the use thereof and setting forth the obligations and responsibilities incident to ownership of each Unit and its Allocated Interest in the Common Elements,and said Units,Common Elements and Limited Common Elements are further declared to be subject to the restrictions,easements,conditions and limitations.now of record • affecting the land and improvements of the Condominium,including the following: A. Neither the Condominium nor any Unit therein shall be made subject to"Time Share"ownership. "Time Share"means a right to occupy a Unit or any of several Units during three(3)or more separated time periods over a period of at least three(3)years,including renewal options,whether or not coupled with a freehold estate or an estate for years in a time share project or a specified portion thereof(including a Unit),including,but not limited to,a vacation license,prepaid reservation,club membership,limited partnership interest,vacation bond or plan or system where the right to use is awarded or proportioned on the basis of points, vouchers,split,dividend or floating use. 6 BOO /� � PACE nt' • B. No advertising signs(including"For Sale","For Rent"or"Yard Sale"signs), billboards,unsightly objects or nuisances shall be erected,placed or permitted to remain on the Common Elements or Limited Common Elements or within a Unit if visible from the outside of such Unit,excepts as may be permitted from time to time by the published Rules and Regulations of the Association, C, • No business activities of any kind whatsoever shall be conducted in any building or on any portion of the property. D. No animals,livestock or poultry of any kind shall be raised,bred or kept on any part of the property,except that dogs,cats or other usual household pets may be kept by the respective Unit Owners only,in their respective Units,provided that they are not kept,bred or maintained for any commercial purposes and do not endanger the health of or,in the sole discretion of the Board of Directors,unreasonably disturb the owner of any Unit or any resident thereof,and provided further,that such pets shall not be allowed in the general Common Elements of the Condominium unless on a leash or carried by the owner thereof- E. The exterior of the Units,including trim and hardware,door,Unit number signs and related exterior features,shall not be altered or decorated by the individual Unit Owners in any manner without the prior written consent of the Board of Directors,and,except in accordance with applicable law,no radio or television aerials or antennae or other projections may be installed or attached to the exterior of any Unit without such prior written consent. F. No refuse,rubbish,trash_or waste of any sort shall be thrown into the Common Elements,the waters adjoining the Condominium or on the beach strand. G. No temporary structures of any kind shall be permitted on the Condominium property at any time. II. Travel trailers,tent campers,motor homes or similar vehicles shall not be allowed to remain on the Condominium property at any time. Boat trailers are permitted only in enclosed garage areas unless the Association shall designate areas for the parking of boat trailers. I. All draperies or other window treatment in Units shall be white or off-white in color,or in lieu thereof,shall have white linings. J. No open tires,including outdoor cooking activities,shall be permitted anywhere on the Condominium property except in such areas as may be designated for such purposes,from time to time,by the Board of Directors. ARTICLE VII. PERPETUAL NON-EXCLUSIVE EASEMENT IN COMMON ELEMENTS The Common Elements shall he,and the same are hereby declared to he,subject to a perpetual non-exclusive easement in favor of all of the Owners of Units in the Condominium for a-. j3 i{= f their use and the use of their family members,guests and invitees,for all proper and normal purposes,and for the furnishing of services and facilities for which the same are reasonably intended,for the enjoyment of said Owners of Units. Notwithstanding anything above provided in this Article,Genesis Condominium Owners'Association,Inc.,hereinafter identified,shall have the exclusive right to establish the rules and regulations pursuant to which the Owner of any Unit,his family,guests and invitees,may be entitled to use the Common Elements,including the right to make pennanent and temporary assignments of parking spaces,and to establish regulations concerning the use thereof;provided that no rule or regulation shall restrict the right of ingress and egress of an Owner to his or her Unit. ARTICLE VET. RESTRAINT UPON SEPARATION AND PARTITION OF COMMON ELEMENTS Recognizing that the proper use of a Unit by an Owner or Owners is dependent upon the use and enjoyment of the Common Elements in common with the Owners of all other Units,and that it is in the interest of all Owners that the ownership of the Common Elements be retained in common by the Owners,it is hereby declared that the Allocated Interests in the Common Elements appurtenant to each Unit shall remain undivided and no Owner shall bring or have any right to bring any action for partition or division. ARTICLE IX. • ADMINISTRATION OF THE CONDOMINIUM BY GENESIS CONDOMINIUM OWNERS'ASSOCIATION,INC. To efficiently and effectively provide for the administration of the Condominium by the Owners of the Units,a nonprofit North Carolina corporation known and designated as Genesis Condominium Owners'Association,Inc.has been organi7Pd,and said corporation shall administer the operation and management of the Condominium and undertake and perform all acts and duties incident thereto in accordance with the terms of its Articles of Incorporation and Bylaws. The Owner of each Unit shall automatically become a member of said corporation upon his acquisition of an ownership interest in title to any Unit and its Allocated Interests in the Common Elements,and the membership of such Owner shall terminate automatically upon such Owner's being divested of ownership interest in the title to such Unit,regardless of the means by which ownership may be divested. No person,firm or corporation holding any lien,mortgage or other encumbrance upon any Unit shall be entitled,by virtue of such lien,mortgage or other encumbrance,to membership in said corporation or to any of the rights or privileges of membership except as specifically set forth in this Amended and Restated Declaration,the Articles or Bylaws. In the administration of the operation and management of the Condominium,Genesis Condominium Owners'Association,Inc.shall have and is hereby granted the authority and power to enforce the provisions of this Amended and Restated Declaration,to levy and to collect assessments in the manner hereinafter provided,and to adopt, promulgate and enforce such rules and regulations governing the use of the Units and Common Elements as the Board of Directors of said Association may deem to be in the best interests of the Association. Genesis Condominium Owners'Association,Inc,is hereinafter referred to as 8 r� f 4' • • • • • the"Association." True copies of the Amended and Restated Articles of Incorporation and the Amended and Restated Bylaws of the Association are filed with the Carteret County Register of Deeds. ARTICLE X. RESIDENTIAL USE RESTRICTIONS APPLICABLE TO UNITS Each Condominium Unit is hereby restricted to residential use by the Owner thereof,his or her family members,guests and invitees. Any lease or rental agreement for a Unit for a period of thirty-two(32)days or more shall be in writing and such leases shall provide that the terms of the lease are subject to the provisions of this Amended and Restated Declaration,the Articles of Incorporation,Bylaws,Rules and Regulations of the Association,and that any failure by the lessee to comply with the terms of such documents shall be a default under the terms of the lease. The Board of Directors shall be furnished with a copy of all such leases, No Owner of any Unit shall permit the use of his Unit for transient hotel or commercial purposes. By his acceptance of a deed to a Unit,each Unit Owner empowers and appoints the Association,or its designee,as such Unit Owner's Attorney-in-Fact to bring a proceeding in summary ejectment to remove any lessee who is in violation of the provisions of this Amended and Restated Declaration,the Restated Bylaws or any Rules and Regulations adopted by the Board of Directors pursuant thereto. If leased,a Unit must be leased in its entirety and may not be subdivided for this purpose, Nothing contained herein shall be construed,nor shall the Board of Directors be empowered to create a rental pool,to require the employment of an exclusive rental agent,to fix rental rates,or to require that Units be made available for rent. Corporate,partnership or limited liability company("LLC")members shall permit the use of a Unit owned by it only by its principal officers,directors,partners,members,managers or other guests or lessees. Such corporate,partnership or LLC member shall annually sign and deliver to the Association a written statement designating the name of the party(or parties)entitled to use such Unit,together with a written covenant of such party in favor of the Association whereby the party agrees to comply with the terms and provisions of this Amended and Restated Declaration and with the rules and regulations which may be promulgated by the Association from time to time and acknowledging that the party's right to use such Unit shall exist only so long as the corporation, partnership or LLC shall continue to be a member of the Association. Upon demand by the Association to any corporate,partnership or LLC member to remove a party for failure to comply with the terms and provisions of the Declaration and/or the rules and regulations of the Association or for any other reason,the corporate,partnership or LLC member shall forthwith cause such party to be removed,failing which,the Association,as agent of the Owner,may take such action as it may deem appropriate to accomplish such removal,and all such action by the Association shall be at the cost and expense of the Owner who shall reimburse the Association therefor upon demand,together with such attorneys'fees as the Association may have incurred in the process of removal. • BOOK /° �—S"--- PA�� .. 9 • • • • ARTICLE Xl. USE OF COMMON ELEMENTS SUBJECT TO RULES OF ASSOCIATION The use of Common Elements,including the Limited Common Elements,by the Owners and all other parties authorized to use the same,shall be at all times subject to such reasonable • rules and regulations as may be prescribed and established governing such use,or which may be hereafter prescribed and established by the Association • • ARTICLE XII. THE CONDOMINIUM TO BE USED FOR LAWFUL PURPOSES: RESTRICTION AGAINST NUISANCES No immoral,improper,offensive or unlawful use shall be made of any Unit or of the Common Elements,nor any part thereof,and all laws,zoning ordinances and regulations of all governmental authorities having jurisdiction of the Condominium shall be observed. No Owner of any Unit shall permit or suffer anything to be done or kept in his Unit,on the Common Elements,or on any Limited Common Elements which will increase the rate of insurance on the , Condominium,or which will obstruct or interfere with the rights of other occupants of the Condominium or annoy them by unreasonable noises,nor shall any Owner undertake any use or •`: practice which shall create and constitute a nuisance to any other Owner of a Unit,or which interferes with the peaceful possession and proper use of any other Unit,the Common Elements or the Limited Common Elements. ARTICLE XIII, RIGHT OF ENTRY INTO UNITS IN EMERGENCIES • In case of any emergency originating in or threatening any Unit,regardless of whether • the Owner is present at the time of such emergency,the Board of Directors of the Association,or any other person authorized by it,or the managing agent,shall have the right to enter such Unit for the purpose of remedying or abating the cause of such emergency,and such right of entry shall be immediate. ARTICLE XIV. RIGHT OF ENTRY FOR MAINTENANCE OF COMMON ELEMENT'S `, Whenever it may be necessary to enter any Unit for the purpose of performing any maintenance,alteration or repair to any portion of the Common Elements,including the Limited • Common Elements,the Owner of each Unit shall permit other Owners or their representatives,or the duly constituted and authorized agent of the Association,to enter such Unit for such purpose, sE provided that the entry shall be made only at reasonable times and with reasonable advance tP notice. • 10 PAC 2 7,2g .,M.. • �T. • • ARTICLE XV, LIMITATION UPON RIGHT OF OWNERS TO ALTER AND MODIFY UNITS: NO RIGHT TO ALTER COMMON ELEMENTS A. An Owner of a Unit may make improvements or alterations to his,her or its Unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Condominium. B. The Association,through its Board of Directors shall regulate the external design, appearance,use,location and maintenance of the Condominium and of improvements thereon in such a manner so as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. No Owner shall cause any improvements,alterations,repairs or changes to be made to the exterior of the Condominium (including painting or other decoration,the installation of electrical wiring,television or radio antennae or any other objects or devices which may protrude through the walls or roof of the Condominium)or in any manner alter the appearance of the exterior portion of any building without the written consent of the Association being first had and obtained. No Owner shall cause any object to be fixed to the Common Elements(including the location or construction of fences and the planting or growing of flowers,trees,shrubs or any other vegetation)or to any Limited Common Elements or in any manner change the appearance of the Common Elements without the written consent of the Association being first had and obtained. Any Owner desiring to make any improvement,alteration or change described above shall submit the plans and specifications therefor,showing the nature,kind,shape,height, materials and location of the same,to the Association which shall evaluate such plans and specifications in light of the purpose of this Article as set forth above. As a condition to the granting of approval of any request made under this Article,the Association may require that the Owner requesting such change be liable for any cost of maintaining,repairing and insuring the approved alteration. If such condition is imposed,the Owner shall evidence his consent thereto by a written document in recordable form satisfactory to the Association, Thereafter,the Owner and any subsequent Owner of the Unit,by acceptance of a deed therefor,whether or not it shall he so expressed in such deed,is deemed to covenant and agree that the cost of maintaining, • repairing and insuring such alteration shall be a part of the annual assessment or charge set forth in Article XXIV of this Amended and Restated Declaration,and subject to the lien rights • described in said Article. ARTICLE XVI. RIGHT OF ASSOCIATION TO ALTER AND IMPROVE COMMON ELEMENTS AND ASSESSMENT THEREFOR: RIGHTS OF ASSOCIATION TO GRANT PERMITS,LICENSES AND EASEMENTS The Association shall have the right to make or cause to be made such alterations or improvements to the Common Elements,including Limited Common Elements (including the right to grant and establish upon,over and across the Common Elements such permits,licenses and easements as are necessary or desirable for the proper operation of the Condominium and for 11 Lg.7 Book_ MOT_ Cr' .r, • providing services and utilities to the Units and the Common Elements)which do not materially prejudice the rights of the Owner of any Unit in the use and enjoyment of his Unit,provided the making of such alterations and improvements are approved by the Board of Directors of the Association,and the cost of such alterations or improvements shall be Common Expenses to be assessed and collected from all of the Owners of Units. However,where any alterations and improvements are exclusively or substantially for the benefit of the Owner or Owners of certain Unit or Units,then the cost of making,maintaining,repairing and insuring such alterations or • improvements shall be assessed against and collected solely from the Owner or Owners of the Unit or Units exclusively or substantially benefited,the assessment to be levied in such proportion as may be determined by the Board of Directors of the Association. ARTICLE XVII. MAINTENANCE AND REPAIR BY OWNERS OF UNITS AND CERTAIN LIMITED COMMON ELEMENTS Every Owner shall perform promptly all maintenance and repair work to and within his Unit which,if omitted,would affect the Condominium,either in its entirety or in a part • belonging to other Owners,every Owner being expressly responsible for the damages and liability which his failure to do so may engender. The Owner of each Unit shall be liable and responsible for the maintenance,repair and replacement,as the ease may be,of all air conditioning and heating equipment(wherever located),stoves,refrigerators,fans or other appliances or equipment,including any utility fixtures,any lines,pipes,wires,conduits,ducts and/or their connections wherever located required to provide water,light,power,telephone, sewage and sanitary service exclusively to such Unit Owner's Unit and deck, Such Owner shall further be responsible and liable for the maintenance,repair and replacement of the exterior surfaces of any and all walls,ceilings and floors within his Unit including painting,decorating and furnishings,and all other accessories which such Owner may desire to place or maintain in his Unit. Whenever the maintenance,repair and replacement of any item for which the Owner of a Unit is obligated to maintain,replace or repair at such Unit Owner's own expense is occasioned by any loss or damage which may be covered by any insurance maintained in force by the Association,the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance,repair or replacement except that the Owner of such Unit shall be,in said instance,required to pay such portion of the costs of such maintenance, repair and replacement as shall,by reason of the applicability of any deductibility provision of such insurance,exceed the amount of the insurance proceeds applicable to such maintenance, repair or replacement. ARTICLE XW[L MAINTENANCE AND REPAIR OF COMMON ELEMENTS BY ASSOCIATION The Association,at its expense,shall be responsible for the maintenance,repair and replacement of all of the Common Elements,including all Limited Common Elements,including those portions thereof which contribute to the support of the buildings,and all conduits,ducts, plumbing,wiring and other facilities located in the Common Elements for the furnishing of 1BOO BOOK 7e0r-PAG '_�� ?pl' u= utility and other services to the Units and said Common Elements(provided,however,the repair and maintenance of any such conduits,ducts,plumbing and wiring located in the Common Elements but which supply utility services to a single Unit shall be the responsibility of the Owner of such Unit as set forth in Article XVII above),and should any incidental damage be caused to any Unit by virtue of any work which may be done or caused to be done by the • Association in the maintenance,repair or replacement of any Common Elements,the Association shall,at its expense,repair such incidental damage. Whenever the maintenance,repair and replacement of any item for which the Association is obligated to maintain,replace or repair at its expense is occasioned by any act of a Owner,his family,guests or invitees,and such loss or damage may be covered by any insurance maintained in force by the Association,the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance,repair or replacement,except that the Owner who is responsible for the act causing • the damage(whether done by himself or by his family,guests or invitees)shall be required to • pay such portion of the cost of such maintenance,repair and replacement as shall,by reason of • the applicability of any deductibility provision of such insurance,exceed the amount of the insurance proceeds applicable to such maintenance,repair or replacement. ARTICLE XIX. AUTHORITY TO PURCHASE INSURANCE Insurance policies upon the Condominium(other than title insurance)shall be purchased by the Association in the name of the Association,as trustee for the Owners,for the benefit of the Owners and their respective mortgagees,as their interests may appear,and shall provide for the issuance of certificates or memoranda of insurance to the Association and,upon written request,to any Owner,mortgagee or beneficiary under a deed of trust on a Unit. Such insurance policies must provide that: I. Each Owner is an insured person under the policy with respect to liability arising out of his interest in the Common Elements or membership in the Association; • • • 2. The insurer waives its right to subrogation under the policy against any Owner,members of his household,the Association and their respective servants,agents and guests; 3. No act or omission by any Owner,unless acting within the scope of his authority on behalf of the Association,will preclude recovery under the policy-, 4, If,at any time of a loss under the policy,there is other insurance in the name of an Owner covering the same risk covered by the policy described in this Article, the Association's policy provides primary insurance;and 5. The insurer issuing the policy may not cancel,refuse to renew or substantially revise the policy until thirty(30)days after notice of the proposed cancellation,non-renewal or revision has been mailed to the Association,to each Owner and to each Fast mortgage holder or beneficiary under a deed of trust to whom certificates 13 BOO �� S� PAC 27 _ • • • or memoranda of insurance have been issued,all such notices to be sent such parties at their respective last-known addresses. Each Owner may obtain insurance,at his own expense,affording coverage upon his Unit, his personal property and for his personal liability and as may be permitted or required by law, but all such insurance shall contain the same waiver of subrogation as that referred to above if the same is available. ARTICLE XX. INSURANCE COVERAGE TO BE MAINTAINED: USE AND DISTRIBUTION OF INSURANCE PROCEEDS A. At all times the following insurance coverage shall be maintained in full force and effect by the Association covering the operation and management of the Condominium,meaning the Units and Common Elements: 1. ct 'ualty insurance covering the buildings and all improvements upon the land and all personal property included within the Condominium property shown on Exhibit"A,"except such personal property as may be owned by the Owners,shall be procured in an amount equal to one hundred percent(100%)insurable replacement value thereof as determined annually by the Board of Directors. Such policy shall contain an Agreed Amount Endorsement or an Inflation Guard Endorsement,if available. By way of illustration and not of limitation,such casualty insurance shall cover fixtures, installations or additions,or equal replacements thereof,comprising a part of the building within each individual Unit(as that term is defined in Article III hereof)in accordance with the original Condominium plans and specifications. In determining the amount of coverage for such fixtures,installations or additions,the Board of Directors of the Association shall annually set the standard allowance for such items as carpeting, bathroom and kitchen cabinets,wall covering,vinyl floor covering,ceramic tile,built in kitchen appliances,etc.,which were included in the original Condominium plans and specifications,or the reasonable replacements therefor. By way of illustration and not of limitation such casualty insurance shall not cover furniture,furnishings or other personal property owned by,used by or in the care,custody,or control of a Owner(whether located within or without the Unit),or fixtures,installations or additions that are placed in an individual Unit by the Owner thereof at his expense. Such coverage shall afford protection against: (a)loss or damage by fire and other hazards covered by the standard extended coverage endorsement;and(b)such other risks as from time to time customarily shall be covered with respect to buildings similar in construction,location and use,including,but not limited to,vandalism and malicious mischief. The maximum deductible amount under any policy shall be[the lesser of(i)Ten Thousand Dollars ($10,000.00)or(ii)one percent(1%)of the face amount of the policy];provided, however,that in no event shall the total amount of insurance after application of any deductibles be less than eighty percent(80%)of the replacement cost of the insured property at the time the insurance is purchased and at each renewal date. Funds to cover deductible amounts shall be included in the operating reserve account maintained by the Association. 14 ODf_ l D PAW -7P 7, :r. �ir.. b,. 2. A comprehensive policy of public liability insurance insuring the Association in an amount not less than One Million Dollars($1,000,000.00)for claims for personal injury and/or property damage arising out of a single occurrence,such 4M` coverage to include protection against liability for non-owned and hired automobiles and liability for property of others,and,if available,may include coverage for water damage. All liability insurance shall contain cross-liability endorsements to cover liabilities of the Association or of any Owners to an Owner. 3. Flood insurance covering the buildings and all improvements upon the •! land and all personal property included within the Condominium property shown on Exhibit"A,"except such personal property as may be owned by the Owners,shall be procured in an amount equal to one hundred percent(100%)insurable replacement value thereof as determined annually by the Board of Directors. Such policy shall contain an Agreed Amount Endorsement or an Inflation Guard Endorsement,if available, By way of illustration and not of limitation,such flood insurance shall cover fixtures,installations or additions,or equal replacements thereof,comprising a part of the building within each individual Unit(as that term is defined in Article III hereof)in accordance with the original Condominium plans and specifications, In determining the amount of coverage for such fixtures,installations or additions,the Board of Directors of the Association shall annually set the standard allowance for such items as carpeting,bathroom and kitchen cabinets,wall covering,vinyl floor covering,ceramic tile,built-in kitchen appliances,etc.,which were included in the original Condominium plans and specifications,or the reasonable replacements therefor. By way of illustration and not of limitation such flood insurance shall not cover furniture,furnishings or other personal property owned by,used by or in the care,custody,or control of a Owner(whether located within or without the Unit),or fixtures,installations or additions that are placed in an individual Unit by the Owner thereof at his expense. Such coverage shall afford protection against flood water. The maximum deductible amount under any policy shall be set by the Board of Directors;provided,however,that in no event shall the total amount of insurance after application of any deductibles be less than eighty percent .': (80%)of the replacement cost of the insured property at the time the insurance is purchased and at each renewal date. Funds to cover deductible amounts shall be included in the operating reserve account maintained by the Association. 4. The Board of Directors shall maintain fidelity coverage against dishonest acts by the Association's officers,directors,trustees and employees,and all others who are responsible for handling funds of the Association. The professional management person or firm employed to manage the Association shall have adequate fidelity coverage against dishonest acts and the existence of such coverage shall satisfy the requirement of this paragraph. If the Association elects to manage its own affairs and directly receive and disburse its own funds(or,if in addition to professional management,the officers or directors of the Association can and do directly receive or disburse the monies of the Association),then the Board of Directors shall provide the coverage set forth in this paragraph. Any such fidelity bonds shall name the Association as an obligee;shall be written in an amount equal to at least one hundred percent(100%)of the estimated revenues of • • the Association,including reserves and budgeted special assessments;shall contain waivers of any defense based on the exclusion of persons who serve without compensation from any definition of"employee"or similar expression. • B. Premiums upon insurance policies purchased by the Association shall be paid by the Association and charged as Common Expenses,to be assessed and collected from all of the Owners of Units in proportion to each Units share in the Allocated Interests,unless otherwise specifically allocated by the Board or Directors,in its sole discretion, C. If the insurance described in this Article is not reasonably available,the Association shall promptly cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners. • D. All insurance policies purchased by the Association shall be for the benefit oldie Association and the Owners and their mortgagees,as their respective interests may appear,and shall provide that all proceeds payable as a result of casualty losses shall be paid to the Association. The Association shall hold such proceeds in trust for the benefit of the Association, the Owners and their respective mortgagees in the following shares: 1. Proceeds on account of damage to Common Elements: in undivided • shares for each Owner and his mortgagee,if any,which shares as to each Unit are shown on Exhibit"B"attached hereto. 2. Proceeds on account of damages to Units shall be held in the following • undivided shares: a. Partial destruction when the Condominium is to be restored: for the owners of damaged Units in proportion to the costs of repairing the damage suffered by each damaged Unit;or • b. Total destruction of the Condominium or where the Condominium • is not to be restored: for all Owners,the share of each being set forth in Exhibit „B E. In the event a mortgagee endorsement has been issued as to a Unit,the share of the Owner shall be held for the mortgagee and the Owner as their interests may appear,but nothing herein shall be construed so as to give any mortgagee the right to participate in the determination of reconstruction or repair. F. Proceeds of insurance policies received by the Association for damages to Units shall be distributed to or for the benefit of the beneficial Owners in the following manner: 1. If the damage for which the proceeds were paid is to be repaired or reconstructed,the proceeds shall be paid to defray the costs thereof as elsewhere provided Any proceeds remaining after defraying such costs shall be distributed to the beneficial Owners of the damaged Units,in proportion to each Units share of Allocated Interests in the Common Elements,all remittances to Owners and their mortgagees being 16 g• -y;-. • • • • payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by it. • 2- If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired,the proceeds shall be distributed to the beneficial Owners of the damaged Units,in proportion to each Unit's share of Allocated Interests in the Common Elements,remittances to Owners and their • • mortgagees being payable jointly to them.This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by it. ` ARTICLE XXI. RECONSTRUCTION OR REPAIR OF CASUALTY DAMAGE A. If any part of the Condominium shall be damaged by casualty,the damaged area shall be reconstructed or repaired unless: I. The Condominium is terminated as provided in Article XXV[hereof;or 2. Repair or replacement would violate any state or local health or safety statute or ordinance;or 3. The Owners,by a vote of Owners owning at least eighty percent(80%)of the Allocated Interests(including one hundred percent(100%)of the Owners of Units which shall not be rebuilt or whose Limited Common Elements shall not be restored) determine not to rebuild or restore all or any portion of the damaged area;or 4. Institutional Lenders(as defined in Article)oXIX of this Amended and Restated Declaration)representing at least eighty percent(80%)of the Allocated Interests subject to mortgages held by Institutional Lenders,determine not to rebuild or restore all or any portion of the damaged area. • B, Any reconstruction or repair shall be performed substantially in accordance with the plans and specifications for the Condominium contained herein and which are on file in the • Carteret County Registry. C. If the damage is only to those parts of one or more Units for which the responsibility for maintenance and repair is that of the Owner,then the Owner shall be • responsible for reconstruction and repair after casualty. In all other instances,the responsibility of reconstruction and repair after casualty shall be that of the Association. D, Immediately after the casualty causing damage to property for which the Association has the responsibility for maintenance and repair,the Association shall obtain reliable and detailed estimates of the cost to place the damaged property in condition as good as that before the casualty. Such costs may include professional fees and premiums for such bonds as the Board of Directors deems necessary or appropriate. Al ee. • E. When the damage is to both Common Elements and Units or to Common Elements only,the insurance proceeds shall be payable to the Association and shall be applied first to the cost of repairing the Common Elements and the balance to the cost of repairing the Units. F. In the event less than all of the damaged area is to be repaired or restored,the insurance proceeds shall be utilized and/or distributed as follows; 1. Proceeds attributable to damaged Common Elements shall be used to restore such Common Elements to a condition compatible with the remainder of the Condominium; 2. Proceeds attributable to Units and to Limited Common Elements which are not rebuilt or restored shall be distributed to the Owners of Units which are not rebuilt or restored and to the owners of Units appurtenant to the damaged Limited Common Elements,in proportion to the damage to such Unit and/or Limited Common Elements and to the mortgagees of all such Units,as their interests may appear;and 3. Any remaining proceeds shall become part of the Common Surplus as described in Article XXV. G. Each Owner shall be deemed to have delegated to the Board of Directors of the Association his right to adjust with insurance companies all losses under policies purchased by the Association. H. All remittances to Owners and their mortgagees shall be payable jointly to them. L ln the event that Owners vote not to rebuild a damaged Unit,that Unit's Allocated Interests shall be automatically reallocated among the remaining Units at the time of such vote. The Association shall prepare,execute and record an amendment to the Declaration reflecting such reallocation. • J. The cost of repair or replacement of a Common Element in excess of insurance proceeds and reserves is a Common Expense of the Association. ARTICLE XxII. CONDEMNATION OF COMMON ELEMENTS OR UNITS A. In the event a Unit or a portion thereof is acquired by eminent domain,the condemnation award therefor shall be paid to the Owner. In such an event,if the condemning authority does not acquire the Unit's share of Allocated Interests in the Common Elements,that Unit's Allocated Interests shall be automatically reallocated as provided in N.C.Gen.Stat. Section 47C-1-107. The Association shall prepare,execute and record an amendment to the Declaration reflecting such reallocation. Any portion of a Unit remaining after condemnation which may not practically or lawfully be used for residential purposes shall thereafter be a part of the Common Elements. B. In the event a portion of the Common.Elements is acquired by eminent domain, any portion of the condemnation award attributable to the taking of Limited Common Elements shall be paid to the Association as trustee for Unit Owners,and the Association shall apportion the award among the Owners of Units to which such Limited Common Elements were allocated at the time of the taking,in shares of equal value,or in such other proportion as the Association, in its sole discretion,shall determine. C. In the event a portion of the Common Elements is acquired by eminent domain, any portion of the condemnation award not payable to Owners under Paragraph B of this Article • shall be paid to the Association. ARTICLE XXIII. ASSOCIATION TO MAINTAIN REGISTER OF OWNERS The Association shall at all time maintain a register setting forth the names of the Owners of all the Units. In the event of the sale or transfer of any Unit to a third party,the purchaser or transferee shall notify the Association in writing of his interest in such Unit,together with such recording information as shall be pertinent to identify the instrument by which such purchaser or transferee has acquired his interest in any Unit. The holder of any mortgage upon any Unit,may, if it so desires,notify the Association of the existence of the mortgage held by such party and, upon receipt of such notice,the Association shall register in its records all pertinent information relating thereto. ARTICLE XXIV. ASSESSMENTS: LIABILITY,LIEN AND ENFORCEMENT The Association is given the authority to administer the operation and management of the Condominium,it being recognized that the delegation of such duties to one entity is in the best interest of the Owners of all Units. To administer properly the operation and management of the Condominium,the Association will incur for the mutual benefit of all of the Owners of Units, • costs and expenses which are sometimes herein referred to as'Common Expenses." To provide the funds necessary for such proper operation,management and capital improvement,the Association has been granted the right to make,levy and collect assessments against the Owners and their Units, In furtherance of this grant of authority to the Association to make,levy and collect assessments to pay the costs and expenses for the operation,management of and capital improvements to the Condominium,the following provisions shall be operative and binding upon the Owners of all Units. A. Unless specifically otherwise provided in this Amended and Restated Declaration, all assessments made by the Association shall be in such an amount that any assessment levied against a Owner and his Unit shall bear the same ratio to the total assessment made against all Owners and their Units as the Allocated Interests in the Common Elements appurtenant to each Unit bears to the total Allocated Interests in the Common Elements appurtenant to all Units; ]9 � l� s� ,ACE/ � . w. F provided,however,that any portion of the Common Expense which,in the opinion of the Board of Directors,benefited fewer than all Owners,may be assessed solely against the Owners so benefited,in such proportions as the Board of Directors,in its sole discretion,shall determine. In the event utility services which are provided to Owners are charged to and paid by the Association,the cost of such utilities shall be a part of the Common Expenses and levied against each Owner in such proportions as the Board of Directors,in its sole discretion,shall determine. B. Assessments provided for herein shall be payable in monthly installments or such other installments as may be determined by the Board of Directors of the Association. C. in addition to the annual assessment authorized above,the Board of Directors may levy,in any assessment year,a special assessment applicable to that year only for the purpose of defraying,in whole or in part,the cost of any construction,reconstruction,repair or replacement of the Common Elements,including fixtures and personal property related thereto, provided that any such assessment shall have the assent of Owners of Units to which sixty-seven percent(67%)of the Allocated Interests in the Common Elements are assigned,voting in person or by proxy at a meeting duly called for such purpose. • D. The Board of Directors of the Association shall adopt an annual budget in advance for the following fiscal year. Such budget shall project all expenses for the forthcoming year which maybe required for the proper operation,management and maintenance of the Condominium,including a reasonable allowance for contingencies and reserves,and the budget shall take into account anticipated income which is to be applied in reduction of the amounts required to be collected as an assessment each year, The Board of Directors shall keep separate, in accordance with paragraph"F"of this Article XXIV,items relating to operation and • maintenance from items relating to capital improvements. Within thirty(30)days after adoption of a budget,the Board of Directors shall provide a summary thereof to all Unit Owners. B. The annual assessment may be increased each year not more than fifteen percent (15%)above the annual assessment for the previous year without a vote of the membership of the Association. The annual assessment may be increased above fifteen percent(15%)of the previous annual assessment by a vote of the Owners to whom sixty-seven percent(67%)or more of the Allocated interest in the Common Elements have been assigned who are voting in person or by proxy,at a meeting duly called for such purpose. F. The Board of Directors of the Association,in establishing the annual budget for operation,management and maintenance of the Condominium,shall designate therein a sum to be collected and maintained out of the annual Assessment as a reserve fund for replacement of and capital improvements to the Common Elements(Capital Improvement Fund). This Fund shall be for the purpose of enabling the Association to replace structural elements and mechanical equipment constituting a part of the Common Elements,as well as the replacement of portions of the Common.Elements. The amount to be allocated to the Capital Improvement Fund shall be established by the Board of Directors so as to collect and maintain a sum reasonably necessary to anticipate the need for replacement of Common Elements. The amount collected for the Capital Improvement Fund may he maintained in a separate account by the Association and such monies shall be used only to make capital improvements to Common Elements. Any interest earned on monies in the Capital Improvement Fund may,in the 20 • 3,. • z3h: f.;-. f • • • discretion of the Board of Directors of the Association,be expended for current operation and maintenance. Each Owner shall be deemed to own a portion of the Capital Improvement Fund equal to his Unit's Allocated Interests in the Common Elements but such balance shall not be subject to withdrawal by an Owner, C. All monies collected by the Association shall be treated as the separate property of the Association,and such monies may be applied by the Association to the payment of any expense of operating and managing the Condominium,or to the proper undertaking of all acts and duties imposed upon it by virtue of this Amended and Restated Declaration,the Articles of Incorporation and the Bylaws of the Association. As monies for any assessment are paid to the Association by any Owner of a Unit,the same may be commingled with monies paid to the Association by the other Owners of Units. Although all funds and Common Surplus,including other assets of the Association,and any increments thereto or profits derived therefrom or from the leasing or use of Common Elements shall be held for the benefit of the members of the Association,no member of the Association shall have the right to assign,hypothecate,pledge or in any manner transfer his membership interest therein,except as an appurtenance to his Unit. When the Owner of a Unit shall cease to be a member of the Association by reason of his divestment of ownership of such Unit,by whatever means,the Association shall not be required to account to such Owner for any share of the funds or assets of the Association,or which may have been paid to the Association by such Owner,as all monies which any Owner has paid to the Association shall be and constitute an asset of the Association which may be used in the operation and management of the Condominium. FL The payment of any assessment or installment thereof shall be in default if such assessment or installment is not paid to the Association within thirty(30)days of the due date for such payment When in default,the delinquent assessment or delinquent installment thereof due to the Association shall bear interest at the rate of eighteen percent(1 8%)per annum(or at such other rate as is specified in N.C.Gen.Stat.Section 47C-3-115(b),as amended from time to time) until such delinquent assessment or installment thereof,and all interest due thereon,has been paid in full to Association. Any assessment levied pursuant to this Amended and Restated Declaration,or any installment thereof,which is not paid within ten(10)days after it is due,shall • be subject to such reasonable late charge per month for each monthly assessment in arrears as the Board of Directors may from time to time fix All monies owing to the Association shall be due and payable to the Association in the State of North Carolina. I. The Owner or Owners of each Unit shall be personally liable,jointly and severally,to the Association for the payment of all assessments,regular or special,which may be levied by the Association against such Unit while such party or parties are Owner or Owners of a Unit. In the event that any Owner or Owners are in default in payment of any assessment or installment thereof owed to the Association,such Owner or Owners shall he personally liable, jointly and severally,for interest on such delinquent assessment or installment thereof as above provided,and for all late charges and costs of collecting such assessment or installment thereof and interest thereon,including reasonable attorneys'fees,whether suit be brought or not. J. No Owner of a Unit may exempt himself from liability for any assessment levied against him or his Unit by waiver of the use of enjoyment of any of the Common Elements,or by • abandonment of the Unit or in any other way. B00KIPYLS —` 21 ti{,v • • K, Recognizing that proper operation and management of the Condominium requires the continuing payment of costs and expenses therefor,and that such proper operation and management results in benefit to all of the Owners of Units,and that the payment of such Common Expenses represented by the assessments levied and collected by the Association is necessary in order to preserve and protect the investment of each Owner,the Association is hereby granted a lien upon each Unit and its appurtenant Allocated Interests,which lien shall • secure and does secure the monies due for all assessments now or hereafter levied against the Owner of each such Unit,which lien shall also secure interest,if any,which may be due on the amount of any delinquent assessments owing to the Association,and which lien shall also secure all late charges,fines and all costs and expenses,including reasonable attorneys'fees,which may be incurred by the Association in enforcing this lien upon said Unit and its appurtenant Allocated Interests in the Common Elements, The lien granted to the Association may be foreclosed in the same manner that real estate deeds of trust and mortgages may be foreclosed under power of sale under the laws of the State of North Carolina,and in any suit for the foreclosure of said lien,the Association shall be entitled to a reasonable rental from the Owner of any Unit from the date on which the payment of any assessment or installment thereof became delinquent,and shall be entitled to the appointment of a receiver for said Unit. The lien granted to the Association shall further secure such advances for taxes,payments on account of superior mortgages,liens or encumbrances which may be required to be advanced by the Association in order to preserve and protect its lien,and the Association shall further be entitled to interest at the rate of eighteen percent(18%)per annum(or at such other rate as is specified in N.C.Gen.Stat.Section 47C-3-115(b),as amended from time to time)on any advances made for such purpose. All persons,firms or corporations who shall acquire,by whatever means,any interest in the ownership of any Unit,or who may be given or acquire a mortgage,lien or other encumbrance thereon,are hereby placed on notice of the lien rights granted to the Association,and shall acquire such interest in any Unit expressly subject to such lien rights,except as otherwise provided in this Amended and Restated Declaration. • L. The lien herein granted unto the Association shall be enforceable from and after the time of recording a claim of lien in the Carteret County public records,in the manner provided by Article 8 of Chapter 44 of the North Carolina General Statutes,which claim shall • state the description of the Unit encumbered thereby,the name of the record owner,the amount due and the date when due. The claim of lien shall be recordable any time after default and the lien shall continue in effect until all sums secured by said lien as herein provided shall have been fully paid. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded,plus interest,fees,charges,late charges,fines,costs,reasonable attorneys'fees,advances to pay taxes and prior encumbrances and interest thereon,all as above provided. Such claims of lien shall he signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such claim of lien,it shall be satisfied of record The lien provided for herein shall be subordinate to: (i)any liens and encumbrances recorded before the docketing of the lien(including any mortgage or deed of trust);and(ii)liens for real estate taxes and other governmental assessments or charges against the Unit. Any person,firm or corporation acquiring title to any Unit and its appurtenant Allocated Interests in the Common Elements by virtue of a foreclosure of a first deed of trust,deed in lieu of foreclosure of a first deed of trust or judicial sale relating to a first deed of trust,shall be liable and obligated only for assessments as shall accrue and become due and payable for said Unit and 22 �� • ,L3 • its Allocated Interests in the Common Elements subsequent to the date of acquisition of such title,and shall not be liable for the payment of any assessments which were in default and delinquent at the time it acquired such title. In such event,any assessments as to which the party so acquiring title shall not be liable shall be absorbed and paid by all Owners of all Units as a part of the Common Expense,including such purchaser,its heirs,successors and assigns. Nothing herein contained shall be construed as releasing the party liable for such delinquent assessment from the payment thereof or the enforcement of collection of such payment by means other than foreclosure of his former Unit. The lien herein granted to the Association will not be affected by the sale or transfer of a Unit,except in the case of a foreclosure of a Unit by the holder of a first deed of trust thereon,in which case the foreclosure will extinguish the lien for any assessments due and payable prior to the foreclosure sale,but will not relieve any subsequent Owner of the Unit from responsibility for all assessments due and payable from and after the date of the foreclosure sale. M. Whenever any Unit may be leased,sold or mortgaged by the Owner thereof,the Association,upon written request of the Owner,shall furnish to the proposed lessee,purchaser or mortgagee,a statement verifying the status of payment of any assessment which shall be due and payable to the Association as to such Unit, Such statement shall be executed by any officer of the Association,and any lessee,purchaser or mortgagee may rely upon such statement in concluding the proposed lease,purchase or mortgage transaction,and the Association shall be bound by such statement. N. • In any voluntary conveyance of a Unit,the purchaser thereof shall not be personally liable for any unpaid assessments owed by the seller prior to the time of such voluntary conveyance,absent an express written assumption of such liability by the purchaser. O. Institution of a suit at law to attempt to effect collection of the payment of any delinquent assessment shall not be deemed to be an election by the Association which shall prevent it from thereafter seeking,by foreclosure action,enforcement of the collection of any sums remaining owing to it,nor shall proceeding by foreclosure to attempt such collection be deemed to be an election precluding the institution of a suit at law to collect any sum then • remaining owing to Association. • ARTICLE XXV. COMMON SURPLUS "Common Surplus,"meaning all funds and other assets of the Association(including excess of receipts of the Association,including but not limited to assessments,rents,profits and revenues from whatever source)over the amount of the Common Expenses,shall be owned by the Owners of all Units in the same proportion that the Allocated Interests in Common Elements appurtenant to each Owner's Unit bears to the total of all Allocated Interests in Common Elements appurtenant to all Units. The Common Surplus shall be held by the Association in the manner prescribed in,and subject to,the terms,provisions and conditions of this Amended and Restated Declaration;provided,however,that the Association shall have the sole discretion as to whether any distribution of Common Surplus should be made to Owners and,if so,when. 23 �!`,� • Nothing in this Article shall require periodic distributions of Common Surplus. Except for distribution of any insurance proceeds as herein provided,or upon termination of the Condominium,any attribution or distribution of Common Surplus which may be made from time to time shall be made to the then Owners of Units in accordance with their Allocated Interests in the Common Elements. ARTICLE 3VI. TERMINATION The Condominium shall be terminated,if at all,in the following manner: A. Termination may be effected only by the unanimous agreement of all Condominium Unit Owners by an instrument to that effect duly recorded;and,provided that the holders of all liens affecting any of the said Condominium Units consent[hereunto,or agree,in either case by instrument duly recorded,that their liens be transferred to the percentage of the undivided interest of the Condominium Unit Owner in the property as hereinafter provided. The termination shall become effective when such agreement has been recorded in the public records of Carteret County,North Carolina. B. If it is determined in the manner elsewhere provided that the property shall not be reconstructed after casualty,the condominium plan of ownership shall be terminated and this Amended and Restated Declaration revoked. The determination not to reconstruct after casualty • • shall be evidenced by a Certificate of the Association certifying as to the facts effecting the termination,which Certificate shall become effective upon being recorded in the public records of Carteret County,North Carolina. C. After termination of the Condominium,the Condominium Unit Owners shall own the property as tenants in common in undivided shares and the holders of mortgages and liens against the Condominium Unit or Units formerly owned by such Condominium Unit Owners shall have mortgages and liens upon the respective undivided shares of the Condominium Unit Owners. Such undivided shares of the Condominium Unit Owners shall be as set forth in Exhibit"B." All funds held by the Association and insurance proceeds collected from or attributable to the Condominium,if any,shall be and continue to be held for the Condominium Unit Owners in the proportion as set forth in Exhibit"13." Any costs incurred by the Association in connection with the termination shall be a Common Expense. D. Following termination,the property may be partitioned and sold upon the application of any Condominium Unit Owner. If,following a termination,seventy-five percent (75%)of the Owners of Units vote to accept an offer for the sale of the property,each Condominium Unit Owner shall be bound to execute such deeds and other documents reasonably required to effect such sale at such times and in such form as such Board of Directors of the • Association directs. In such event,any action for partition or other division of the property shall be held in abeyance pending such sale,and upon the consummation thereof shall be discontinued by all parties thereto. • • • yk E. The members of the Hoard of Directors of the Association,acting collectively as agent for all Condominium Unit Owners,shall continue to have such powers as in this Article are granted,notwithstanding the fact that the Association itself may be dissolved upon a termination_ ARTICLE XXVII. AMENDMENT OF DECLARATION This Amended and Restated Declaration maybe amended in the following manner: A. An Amendment to this Amended and Restated Declaration may be proposed by the Board of Directors of the Association acting upon a vote of a majority of its Board Members, or by Owners of Units to which at least fifty percent(50%)of the votes in the Association are allocated,whether meeting as members or by instrument in writing signed by them. Upon any amendment to this Amended and Restated Declaration being proposed by the Board of Directors or Owners,the proposed amendment shall be transmitted to the President of the Association,or other officer of the Association in the absence of the President,who shall thereupon call a special meeting of the members of the Association for a date not sooner than twenty(20)days nor later than sixty(60)days from receipt by him or her of the proposed amendment. It shall be the duty of the Secretary to give to each member written or printed notice of such special meeting,stating the time and place thereof,and reciting the proposed amendment in reasonably detailed form, which notice shall be mailed not less than ten(10)days nor more than fifty(50)days before the date set for such special meeting. If mailed,such notice shall be deemed to be properly given when deposited in the United States Mail addressed to the member at his address as it appears on the records of the Association,first class postage thereon prepaid. Any member may,by written waiver of notice signed by such member,waive such notice,and such waiver,when filed in the records of the Association,whether before or after the holding of the meeting,shall be deemed . equivalent to the giving of notice to such member. At the meeting,to be adopted,the proposed Amendment must be approved by an affirmative vote of Owners to which at least sixty-seven percent(67%)of the votes in the Association are allocated. Upon adoption,such amendment of this Amended and Restated Declaration shall be transcribed and certified by the President and Secretary of the Association as having been duly adopted. The original or an executed copy of such amendment,so certified and executed with the same formalities as a deed,shall be recorded in the Public Records of Carteret County,North Carolina. Such amendment shall specifically refer to the recording data identifying the Amended and Restated Declaration and shall become effective upon recordation. Thereafter,a copy of said amendment in the form in which the same was placed of record by the officers of the Association shall be delivered to the Owners of all Units,but delivery of a copy thereof shall not be a condition precedent to the effectiveness of such amendment. At any meeting held to consider such amendment,the written vote of any member of the Association shall be recognized if such member is not in attendance at such meeting or represented thereat by proxy,provided such written vote is delivered to the Secretary of the Association prior to such meeting or at such meeting. B. Notwithstanding anything herein contained to the contrary,it is declared as follows: • BOOK � 6 PAC " 25 Ya' i�� I. No alteration in the percentage of ownership in Common Elements appurtenant to each Condominium Unit,or alteration of the basis for sharing Common Expense and other apportionment of assessments which may be levied by the Association • in accordance with the provisions hereof,or alteration of basis of ownership of the • Common Surplus,shall be made without written consent of at least sixty-seven percent (67%)of the Condominium Unit, 2. No alteration,amendment or modification of the rights and privileges granted and reserved hereunder in favor of Institutional Lender or Institutional Lenders shall be made without written consent of all Institutional Leaders holding mortgages on Condominium Units being first had and obtained. ARTICLE XXVIII. REMEDIES IN EVENT OF DEFAULT The Owner of each,Unit and the Association shall be governed by and shall comply with the provisions of this Amended and Restated Declaration,and the Articles of Incorporation and Bylaws of the Association,as any of the same are now constituted or as they may be amended from time to time. A default by the Association or a default by the Owner of any Unit shall entitle the Association or the Owner of a Unit,as appropriate,to the following relief: A. Failure to comply with any of the terms of this Amended and Restated Declaration or other restrictions and regulations contained in the Articles of Incorporation or Bylaws of the Association,or which may be adopted pursuant thereto,shall be grounds for relief including without limitation an action to recover sums due for damages,injunctive relief, foreclosure of lien,or any combination thereof. Such relief may be sought by the Association or, if appropriate,by an aggrieved Owner. B. As provided herein and in the Bylaws,each Owner shall be liable for the expense of any maintenance,repair or replacement rendered necessary by his act,neglect or carelessness, or by that of any member of his family,or his or their guests,employees,agents or lessees. Such liability shall include any increase in fire insurance rates occasioned by use,misuse,occupancy or abandonment of aUnit or its appurtenances. Nothing herein contained,however,shall be construed so as to modify any waiver by insurance companies of rights of subrogation. C. The Bylaws of the Association provide that the Association may fine an Owner in an amount not to exceed One Hundred Fifty Dollars($150.00)for each violation of this Amended and Restated Declaration,the Bylaws or the Rules and Regulations of the Association, or may assess liability in an amount not to exceed Five Hundred Dollars($500,00)for damage to Common Elements caused by an Owner. As set forth in the Bylaws,a hearing for an accused Owner must be held before an adjudicatory panel appointed by the Association,which panel shall accord to the party charged with the violation: (i)notice of the charge;(ii)opportunity to • be heard and to present evidence;and(iii)a notice of the decision. Any such fine or liability assessment shall be both the personal obligation of the Owner against whom the fine is assessed and a lien upon the Unit of such owner and its appurtenant Allocated Interest,to the same extent as the assessments described in Article XXIV hereof. Fn D. If damage is inflicted on any Unit by an agent of the Association'acting within the scope of his activities as such agent,the Association shall be liable to repair such damage or to reimburse the Owner for the cost of repairing such damages. The Association shall also be liable for any losses to the Owner. • E. In any proceeding arising because of an alleged default by an Owner,the • Association,if successful,shall be entitled to recover the costs of the proceeding and such reasonable attorneys'fees as may be determined by the Court. F. The failure of the Association or any Owner to enforce any right,provision, covenant or condition which may be granted by this Amended and Restated Declaration or the other above mentioned documents shall not constitute a waiver of the right of the Association or of the Owner to enforce such right,provision,covenant or condition in the future. G, All rights,remedies and privileges granted to the Association or the Owner of a Unit,pursuant to any terms,provisions,covenants or conditions of this Amended and Restated Declaration or other above mentioned documents,shall be deemed to be cumulative,and the exercise of any one or more shall not be deemed to constitute an election of remedies,nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be available to such party at law or in equity. H. The failure of an Institutional Lender,as said term is herein defined,to enforce any right,provision,privilege,covenant or condition which maybe granted to it by this Amended and Restated Declaration or other above-mentioned documents,shall not constitute a waiver of the right of said party or parties to thereafter enforce such right,privilege,covenant or condition in the future. • ARTICLE XXIX. RIGHTS RESERVED UNTO INSTITUTIONAL LENDERS A. "Institutional Lender"or"Institutional Lenders,"as the terms are used herein, shall mean and refer to banks,savings and loan associations,insurance companies,other firms or entities customarily affording loans secured by liens on residences,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,and eligible insurors and governmental guarantors. In addition to any other rights set forth in this Amended and Restated Declaration,so long as any Institutional Lender shall hold any first mortgage upon any Unit,or shall be the owner of any Unit,such Institutional Lender shall have the following rights: 1. To be given timely written notice as to any lapse,cancellation or material modification of any insurance policy maintained by the Association. 2, To examine,at reasonable times and upon reasonable notice,the books and records of the Association and the annual financial statement and report of the Association,prepared by an independent accountant designated by the Association,such 27 • 4t • financial statement and report to be available within one hundred twenty(120)days following the end of the Association's previous fiscal year. 3. To be given timely written notice by the Association of the call of any meeting of the membership to be held for the purpose of considering any material alteration,amendment or modification of this Amended and Restated Declaration,the Articles of Incorporation or the Bylaws. Such notice shall state the nature of the amendment or action being proposed. 4. To be given timely written notice of any delinquency in the payment of any assessment or charge(which delinquency remains uncured for a period of sixty(60) days)by any Owner owning a Unit encumbered by a mortgage held by such Institutional Lender. S. To be given timely written notice of any condemnation or casualty loss which affects either a material portion of the Condominium or the Unit securing its mortgage. B. Whenever any Institutional Lender desires the provisions of this Article,Article XXVI or Article XXV=I to be applicable to it,it shall serve or cause to be sewed written notice of such fact upon the Association by Registered Mail or Certified Mail addressed to the Association and sent to the Association's registered office as set forth in the Office of the Secretary of State of North Carolina,identifying the Unit or Units upon which such Institutional Lender holds a mortgage or mortgages,or identifying any Units owned by it,together with sufficient pertinent facts to identify any mortgage or mortgages which may be held by it or them, and which notice shall designate the place to which notices are to be given by the Association to such Institutional Lender. ARTICLE XXX. MORTGAGE OR DEED OF TRUST ON UNITS Any Unit Owner may give a deed of trust or mortgage on such Unit without prior notice to or authorization by the Association;provided,however,that any Unit Owner giving a deed of trust or mortgage on such Unit shall,simultaneously with the recording thereof,record a Request for Copy of Notice of Sale as provided by law,providing that a foreclosing mortgagee shall provide notice of the institution of foreclosure proceedings to the Association. ARTICLE XXXI. SEVERABILITY In the event that any of the terms,provisions or covenants of this Amended and Restated Declaration are held to be partially or wholly invalid or unenforceable for any reason whatsoever,such holding shall not affect,alter,modify or impair in any manner whatsoever any 28 /.4 P COO rJ4� _ _. • • of the other terms,provisions or covenants hereof or the remaining portions of any terms, provisions or covenants held to be partially invalid or unenforceable. ARTICLE XXXII. LIBERAL CONSTRUCTION: CONFLICT • The provisions of this Amended and Restated Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan of Condominium ownership. Throughout this Amended and Restated Declaration,wherever appropriate,the singular shall include the plural and the masculine gender shall include the feminine or neuter. The Article headings are for convenience of reference only and shall not be considered terms of this Amended and Restated Declaration. In the event of a conflict between the provisions of this Amended and Restated Declaration and the provisions of the Articles of Incorporation or the Bylaws of the Association, the provisions of this Amended and Restated Declaration shall prevail. ARTICLE XXXIII. DECLARATION BINDING ON ASSIGNS AND SUBSEOUENT OWNERS • The restrictions and burdens imposed by the covenants of this Amended and Restated Declaration are intended to and shall constitute covenants running with the land,and shall constitute an equitable servitude upon each Unit and its Allocated Interests in Common Elements. This Amended and Restated Declaration shall be binding upon all Unit Owners and • • upon all parties who may subsequently become Owners of Units in the Condominium,and their • • respective heirs,legal representatives,successors and assigns. ARTICLE XXXIV. AGENT TO RECEIVE SERVICE OF PROCESS The following person is designated as Agent to receive service of process: G.Lee Carroll,Jr. Carroll&Gainey,CPA's,P.C. 1406 Arendell Street PO Box 626 Morehead City,North Carolina, 28557, S 0:/.° 29 • • • IN WITNESS WHEREOF,Genesis Condominium Owners'Association,Inc.and Unit Owners having at least seventy-five percent(75%)ownership interests in the Common Elements .:, have caused this Amended and Restated Declaration of Genesis Condominium to be duly executed,all as of the I g day of March,2004. GENESIS CONDOMINIUM OWNERS'ASSOCIATION,INC. $YCI �rlLe,�_ Name: Robert Vogler Title: President STATE OF NORTE CAROLINA COUNTY OF CARTERET T, bn:LL C0-rro L i , a Notary Public, hereby certify that on this f!c. day of March, 2009, personally appeared before me ���- A.�( �p(-'� whom being by me duly sworn, declared that e signed tee foregoing document in the capacity indicated, that he was authorized so to sign, and that the statements therein contained are true. Notary Public My commission expires: DEBRA L.CARROLL NOTARY PUBUC Carteret County.N.C. tea Curraisaan bli es 4/102005 BOOKIO PAr-IF 'g7 30 . 1". x7' • • SCHEDULE A Page 1 or 2 DESCRIPTION OF DEVELOPMENT AREA Being located in Carteret County,Morehead Township,North Carolina,in the Town of Pine Knoll Shores and BEING all of Lots Fourteen(14)through Twenty-One(21),inclusive,of the"Roosevelt Ocean Front Property, Section A"as shown on that certain map prepared by C,C.King,Registered Surveyor,dated July 22,1968,the same being recorded in Book 7,page 45,Carteret County Registry, PHASE ONE: PARCEL ONE: Being all of Lot Twenty(20)as shown on the Pine Knoll Shores,Section"A", Ocean Front Property East of Iron Steamer Pier May,dated May 23,1964,and recorded in Map Book 6,Page 40,Carteret County Registry,North Carolina,and Lot Twenty-One(21)as shown on map of Roosevelt Ocean Front Property,Amended Section"A"Located East of Iron Steamer Pier,dated August 23,1966,and recorded in Book 7,Page 45,Carteret County Registry. Reference is hereby made to both of said maps for the description by metes and bounds of the property herein described,and including all riparian and littoral rights incident and attached thereto. PARCEL TWO: Being a portion of Lot Nineteen(19)as shown on the Pine Knoll Shores,Section "A",Ocean Front Property East of Iron Steamer Pier Map,dated May 23,1964,and recorded in Map Book 6,Page 40,Carteret County Registry,and being more particularly described as follows: BEGINNING at a point in the ordinary high water mark of the Atlantic Ocean,which point is also the southwest corner of PARCEL ONE described hereinabove and the southeast corner of the said Lot Nineteen(19),from the said point of BEGINNING,running South 88 degrees 53 Minutes West with the ordinary high water mark of the Atlantic Ocean 24.02 feet to a point,running thence North 88 degrees 57 minutes West,22.0 feet to a point,running thence North I degree 3 minutes East,90.0 feet to a point running thence South 88 degrees East,46.0 feet to a point running thence South 1 degree 3 minutes West,351.2 feet to the point or place of BEGINNING. The aforesaid tract of land,consisting of two parcels,is more fully shown and described on that certain plat prepared by C.C.King,Registered Surveyor,captioned"Phase One Site Plan of Genesis", which plat is dated the 12'"day of January,1983,which plat is recorded herewith. PHASE TWO: PARCEL THREE: Being all of Lot Eighteen(18),as shown and designated on that certain map or plat captioned'"Roosevelt Ocean Front Property Amended Section A Located East of Iron Steamer Pier", dated August 23,1966,and recorded in Map Book 7,Page 45,Carteret County Registry. PARE Fl FOUR: Being that portion of Lot Nineteen(19),as shown and designated on that certain map or plat captioned"Roosevelt Ocean Front Property Amended Section A Located East of Iron Steamer Pier",dated August 23,1966,and recorded in Map Book 7,Page 45,Carteret County Registry,which was not previously submitted to unit ownership under this Declaration_ The aforesaid tract of land,consisting of two parcels,is more fully shown and described on that certain plat prepared by C.C.King,Registered Surveyor,captioned"PHASE U GENESIS"being dated the 241 day of April,1984, y-- w�7 it: • • • • SCHEDULE A Page 2 of 2 PHASE THREE; PARCEL FIVE: BEGINNING at a point in the ordinary high water mark of the Atlantic Ocean at the Southeast corned cf Lot 17 as the said lot is shown on that certain map or plat captioned"Roosevelt Ocean Front Property Amended Section A Located East of Iron Steamer Pier",dated August 23,1966, and recorded in Map Book 7,Page 45,Carteret County Registry;the said point also being the Southwest corner of the common area of Phase II of Genesis Condominium;from the said point or place of . BEGINNING running North ldegree 3 minutes East with the East line of said Lot 17(the West tine of Phase II Genesis)a distance of 248.6 feet to a point;thence North 88 degrees 49 minutes 10 seconds West 14,26 feet to a nail in a driveway continuing thence North 88 degrees 49 minutes 10 seconds West 92.74 feet to a point at the intersection of the centerline of a driveway;continuing North 88 degrees 49 minutes 10 seconds West 74.53 feet to a nail in a driveway;continuing thence North 88 degrees 49 minutes 10 seconds West 18,61 feet to a point in the West boundary line of Lot 16 as the same is identified on that certain plat recorded in Map Book 7,Page 45;running thence South I degree 3 minutes West with the West property line of the said Lot 16 as approximate distance of248.8 feet to the ordinary high water mark of the Atlantic Ocean;running thence with the ordinary high water mark of the Atlantic Ocean South 88 degrees 53 minutes East 200.14 feet to the point or place of BEGINNING. The aforesaid tract of is more fully shown and described on that certain plat prepared by C.C. King,Registered Surveyor,captioned"PHASE III GENSIS"being dated the 10's day of May,1986. • • • • BOOK � I: • • Page 1 of 1 EXHIBIT A Copies of the Original Plans and the Amendments to the Original Plans,consisting of fortynine(49)pages of eighteen by twentyfour(IS x 24)inches,are on file at the main office of the Association. • • • I EX1-11131T 13 Page 1 of 2 PERCENTAGE OF UNIT OWNERSHIP PER UNIT Unit Ownership Quarterly Unit Ownership Quarterly Number Percentage Payment Number Percentage Payment 1-1 1.50 1,419.00 3-31 1.76 1,665.00 1-2 1.81 1,712.00 3-32 1.71 1,618,00 1-3 1.22 1,154.00 3-33 1.76 1,665,00 1-4 1.42 1,343.00 3-34 1.71 1,618.00 1-5 1.22 1,154.00 3-35 1.87 1,769.00 1-6 1.42 1,343.00 3-36 2.13 2,015.00 • 1-7 1.22 1,154.00 4-37 1.50 1,419.00 1-8 1.42 1,343.00 4-38 1.81 1,712,00 1-9 1.22 1,154.00 4-39 1,22 1,154.00 1-10 1.42 1,343.00 4-40 1.42 1,343.00 1-11 1.50 1,419.00 4-41 1.22 1,154.00 1-12 1.81 1,712.00 4-42 1.42 1,343.00 2-13 1.87 1,769.00 4-43 1.22 1,154.00 214 2.13 2,015.00 4-44 1.42 1,343.00 2-15 1.76 1,665.00 4-45 1.22 1,154.00 2-16 1.71 1,618.00 4-46 1.42 1,343.00 2-17 1.76 1,665.00 4-47 1.50 1,419.00 2-18 1.71 1,618.00 4-48 1.81 1,712,00 2-19 1.76 1,665.00 5-61 1.87 1,769.00 2-20 1.71 1,618.00 5-62 2.13 2,015.00 2-21 1.76 1,665.00 5-63 1.76 1,665.00 2-22 1,71 1,618.00 5-64 1.71 1,618.00 2-23 1.87 1,769,00 5-65 1.76 1,665.00 2-24 2.13 2,015.00 5-66 1.71 1,618.00 3-25 1.87 1,769.00 5-67 1.76 1,665.00 3-26 2.13 2,015.00 5-68 1.71 1,618.00 3-27 1.76 1,665.00 5-69 1.76 1,665.00 3-28 1.71 1,618,00 5-70 1.71 1,618.00 3-29 1.76 1,665,00 5-71 1.87 1,769.00 3-30 1.71 1,618.00 5-72 2.13 2,015.00 Quarterly Payment during 2003. • J rf / Tare, n,: �� � '.-M:�_. .,-...,.,.. 'l EXHIBIT B Page 2 of 2 UNITS DESIGNATIONS AND TYPES Type Unit Numbers Description Square Feet A-1 1-3,1-5,1.7,1-9 Single level,two bedrooms,den 1,570 A-1 4-39,4-41,4-43,4-45 Single level,two bedrooms 1,570 A 2 1-4,1-6,1-8,1-10 Two levels,three bedrooms,den 2,400 #^ A-2 4-40,4-42,4-44,4-46 Two levels,four bedrooms 1,850 3.1 2-15,2-17,2-19,2-21 Three levels,three bedrooms,den 2,120 3-27,3-29,3-31,3-33 5-63,5-65,5-67,5-69 B-2 2-16,2-18,2-20,2-22 Three levels,two bedrooms,den,studio 1,925 3-28,3-30,3-32,3-34 5-64,5-66,5-68,5-70 C-1 1-1,1-I 1,2-13,2-23 Single level,two bedrooms,den 1,570 3-25,3-35 C-I 4-37,4-47,5-61,5-71 Single level,three bedrooms 1,570 C-2 1-2,1-12,2-14,2-24 Two levels,three bedrooms,den 2,400 • • 3-26,3-36 C-2 4-38,4-48 Two levels,four bedrooms 1,850 C-2 5-62,5-72 Two levels,four bedrooms 2,400 >T. AMENDED and RESTATED BYLAWS of GENESIS CONDOMINIUM OWNERS' ASSOCIATION, INC. A corporation not for profit under the laws of the State of North Carolina 1. IDENTITY These are the Amended and Restated Bylaws of Genesis Condominium Owners' Association, Inc., a non-profit corporation under the laws of the State of North Carolina, (hereinafter referred to as the"Restated Bylaws"), the Articles of Incorporation of which were filed in the Office of the Secretary of State on January 13, 1983, and the Amended and Restated Articles of Incorporation were filed with the Secretary of State on , 2004 (hereinafter referred to as the "Restated Articles of Incorporation." Genesis Condominium Owners' Association, Inc., hereinafter called "Association," has been organized for the purpose of administering the operation and management of Genesis Condominium, a condominium established in accordance with the laws of the State of North Carolina upon the property situate, lying and being in Pine Knoll Shores, Carteret County,North Carolina, and shown on Schedule "A" attached hereto and incorporated herein by reference. a) The provisions of these Restated Bylaws are applicable to Genesis Condominium, and the terms and provisions hereof are expressly subject to the terms,provisions, conditions and authorization contained in the Restated Articles of Incorporation and which may be contained in the formal Amended and Restated Declaration of Condominium recorded in the Public Records of Carteret County,North Carolina (the "Amended and Restated Declaration"), the terms and provisions of said Restated Articles of Incorporation and Amended and Restated Declaration to be controlling wherever the same may be in conflict with the Restated Bylaws. All present or future owners,tenants, future tenants or their employees, or any other person of Condominium Units that might use Genesis Condominium or any of the facilities thereof in any manner, are subject to the provisions of these Restated Bylaws and of the Restated Articles of Incorporation and Amended and Restated Declaration of Condominium. b) The office of the Association shall be at 301 Salter Path Road, Pine Knoll Shores, Carteret County,North Carolina, 28512, or such other place as the Board of Directors shall designate from time to time. c) The fiscal year of the Association shall be July 1 to June 30. d) Defined terms used in these Restated Bylaws shall have the same meaning given such terms in the Amended and Restated Declaration and the Unit Ownership Act. 1 2. MEMBERSHIP. VOTING. QUORUM_ PROXIES a) The qualification of members, the manner of their admission to membership and termination of such membership, and voting by members shall be as set forth in Article VI of the Restated Articles of Incorporation of the Association, the provisions of which Article are incorporated herein by reference. b) A quorum at members' meetings shall consist of the presence in person or by proxy at the beginning of the meeting of members owning at least 51 percent (51%) of the total Allocated Interests in the Common Elements of the Condominium. The joinder of a member in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such person for the purpose of determining a quorum. c) The vote of the Owners of a Unit owned by more than one person or by a corporation or other entity shall be cast by the one person named in a certificate signed by all of the Owners of the Unit and filed with the Secretary of the Association or designee, and such certificate shall be valid until revoked by a subsequent certificate. If such a certificate is not on file, the vote of such Unit Owners shall not be considered in determining the requirement for a quorum, or for any other purpose. d) Votes may be cast in person or by proxy. Proxies shall be valid only for the particular meeting designated thereon and must be dated and filed with the Secretary before the appointed time of the meeting. e) Approval or disapproval of a Unit Owner upon any matter, whether or not the subject of an Association meeting, shall be by the same person who would cast the vote of such Unit Owner if in an Association meeting. f) Except where otherwise required under the provisions of the Restated Articles of Incorporation of the Association, these Restated Bylaws, the Amended and Restated Declaration of Condominium, or whether the same may otherwise be required by law, the affirmative vote of the members entitled to cast a majority of the votes at any duly called members' meeting at which a quorum is present shall be binding upon the members. 3. ANNUAL AND SPECIAL MEETINGS OF MEMBERSHIP a) The Annual Meeting of members of the Association shall be held within thirty (30) days of the end of the fiscal year at such time and place as may be designated in the notice of meeting, for the purpose of electing members to the Board of Directors and for such other purposes as the Board Members may determine. b) Special meetings of members of the Association shall be held whenever called by the President or Vice -President or by a majority of the Board of Directors and must be called by such officers within thirty (30) days following receipt of a written request from members of the Association representing at least twenty percent (20%) of the votes in the Association, describing the purpose for which such special meeting is requested. 2 c) Notice of all members' meetings,regular or special, shall be given by the President, Vice-President or Secretary of the Association, or other Officer of the Association in the absence of said Officers,to each member, unless waived in writing, such notice to be written or printed and to state the time and place of the meeting and the items on the agenda of such meeting, including the general nature of any proposed amendment to the Amended and Restated Declaration, the Restated Articles or these Restated Bylaws, any budget changes and any proposal to remove a Board Member. Except as otherwise specifically required by law or these Restated Bylaws, such notice shall be given to each member not less than ten (10) days nor more than sixty (60) days prior to the date set for such meeting,which notice shall be mailed or presented personally to each member within said time. If presented personally,receipt of such notice shall be signed by the member, indicating the date on which such notice was received by him. If mailed, such notice shall be sent first class mail and shall be deemed to be properly given when deposited in the United States Mail addressed to the member at his address as it appears on the records of the Association (Register of Unit Owners) as of the date of mailing such notice, the postage thereon prepaid. Proof of such mailing shall be given by the Affidavit of the person giving the notice. Any member may, by signed written waiver of notice, waive such notice and, when filed in the records of the Association, whether before or after the holding of the meeting, such waiver shall be deemed equivalent to the giving of notice to the member. If any members' meeting cannot be organized because a quorum has not attended, or because the greater percentage of the membership required to constitute a quorum for particular purposes has not attended(wherever the latter percentage of attendance may be required as set forth in the Restated Articles of Incorporation, these Restated Bylaws or the Amended and Restated Declaration), the members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum, or the required percentage of attendance, if greater than a quorum, is present. d) The order of business at Annual Meetings of members of the Association and, as far as practical, at any other members' meetings, shall be: i) Call to order and proof of notice of meeting or waiver of notice; ii) Announcement of and certification of proxies; iii) Reading and disposal of any unapproved minutes; iv) Reports of Officers; v) Reports of Committees; vi) Election of Board Members; vii) Unfinished business; viii) New business; and ix) Adjournment. 3 4. BOARD OF DIRECTORS a) The Board of Directors of the Association shall consist of seven (7)persons. At least five (5) members of the Board of Directors shall be Unit Owners or employees of a corporate,partnership or LLC member of the Association. b) Election of Board Members shall be conducted in the following manner: i) Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman,who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. ii) Members of the Board of Directors shall be elected by a plurality of the votes at the Annual Meeting of the members of the Association. The term of office of such Board Members shall be three (3)years,until their successors are duly elected and qualified, or until removed in the manner elsewhere provided or as may be provided by law. iii) Vacancies in the Board of Directors may be filled until the date of the next Annual Meeting by the remaining Board Members. iv) In the election of Board Members,there shall be appurtenant to each Unit a total vote equal to the number of Board Members to be elected multiplied by the Unit's Allocated Interest in the Common Elements as set forth in Exhibit "B" of the Amended and Restated Declaration; provided,however,that no member or Owner of one (1)Unit may cast a vote greater than the Unit's Allocated Interest in the Common Elements for any one person nominated as a Board Member, it being the intent hereof that voting for Board Members shall be noncumulative. c) The organizational meeting of each newly elected Board of Directors shall be held within ten (10) days of their election, at such time and at such place as shall be fixed by the Board Members at the meeting at which any of its members were elected, and no further notice of the organizational meeting shall be necessary provided a quorum shall be present. d) Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Board Members. Notice of regular meetings shall be given to each Board Member,personally or by mail, telephone, telegram or facsimile transmission at least three (3) days prior to the day named for such meeting,unless notice is waived. 4 e) Special meetings of the Board may be called by the President, and must be called by the Secretary at the written request of one-third(1/3) of the votes of the Board of Directors. Not less than three (3) days' notice of a meeting shall be given to each Board Member, personally or by mail,telephone,telegram or facsimile transmission,which notice shall state the time,place and purpose of the meeting. f) Any Board Member may waive notice of a meeting before or after the meeting, and such waiver shall be deemed equivalent to the giving of notice. g) A quorum at a meeting of the Board Members shall consist of the presence in person or by proxy at the beginning of the meeting of Board Members entitled to cast a majority of the votes of the entire Board of Directors. The acts of the Board of Directors approved by a majority of the votes cast at a meeting at which a quorum is present shall constitute the acts of the Board of Directors, except as specifically otherwise provided in the Restated Articles of Incorporation, these Restated Bylaws, or the Amended and Restated Declaration of Condominium. If any Board Members'meeting cannot be organized because a quorum has not attended, or because the greater percentage of the Board Members required to constitute a quorum for particular purposes has not attended,wherever the latter percentage of attendance may be required as set forth in the Restated Articles of Incorporation, these Restated Bylaws or Amended and Restated Declaration,the Board Members who are present may adjourn the meeting from time to time until a quorum, or the required percentage of attendance if greater than a quorum, is present. At any adjourned meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice. The joinder of a Board Member in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such Board Member for the purpose of determining a quorum. h) The presiding officer of Board Members' meetings shall be the Chairman of the Board of Directors, if such an officer has been elected; and if none,then the President of the Association shall preside. In the absence of the presiding officer,the Board Members present shall designate one of their number to preside. i) Board Members' fees, if any, shall be determined by the Board of Directors. j) All of the powers and duties of the Association shall be exercised by the Board of Directors, including those existing under the common law and statutes, the Restated Articles of Incorporation of the Association, these Restated Bylaws and the Amended and Restated Declaration. Such powers and duties shall be exercised in accordance with said Restated Articles of Incorporation,these Restated Bylaws and the Amended and Restated Declaration, and shall include,without limiting the generality of the foregoing, the following: i) To make, levy and collect assessments against members and members' Units to defray the costs of the Condominium, as provided in Article XXIV of the Amended and Restated Declaration,which Article is herein incorporated by reference, and to use the proceeds of said assessments in the exercise of the powers and duties 5 granted unto the Association; to foreclose the lien, and sell, under a power of sale and in the manner prescribed by law for foreclosures with powers of sale, any Unit for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Unit Owner personally obligated to pay the same; ii) To maintain, repair, replace, operate and manage the Common Elements, including the Limited Common Elements,whenever the same is required to be done and accomplished by the Association for the benefit of its members; and further to approve any expenditure made or to be made for said purposes; iii) To reconstruct any part of the Common Elements after casualty in accordance with Article XXI of the Amended and Restated Declaration, and to make further improvement to the Common Elements, real and personal, and to make and to enter into any and all contracts necessary or desirable to accomplish said purposes; iv) To make, amend and enforce regulations governing the use of the Common Elements and Units so long as such regulations or amendments thereto do not conflict with the restrictions and limitations which may be placed upon the use of such property under the terms of the Restated Articles of Incorporation and Amended and Restated Declaration; v) To acquire, operate, lease,manage and otherwise trade and deal with property, real and personal, including Units in the Condominium as may be necessary or convenient in the operation and management of the Condominium, and in accomplishing the purposes set forth in the Amended and Restated Declaration,provided that the acquisition of real property other than Units shall require the approval of the Association; vi) To acquire now or at any time hereafter, and to enter into leases and agreements whereby the Association acquires leaseholds,memberships and other possessory or use interests in lands or facilities including,but not limited to recreational facilities,whether or not contiguous to the lands of the Condominium, to provide enjoyment,recreation or other use or benefit to the Owners of Units; vii) To contract for the professional management of the Condominium and to designate to such manager all of the powers and duties of the Association, except those which may be required by law or by the Amended and Restated Declaration to have approval of the Board of Directors or membership of the Association. The contract for such management shall contain term and termination provisions, including the right of the Association to terminate the contract,with or without cause and without penalty, upon ninety (90) days' advance notice; viii) To enforce by legal means or proceedings the provisions of the Restated Articles of Incorporation and Restated Bylaws of the Association, the Amended and Restated Declaration and the Rules and Regulations hereinafter promulgated governing use of the Common Elements in the Condominium; 6 ix) To pay all taxes and assessments which are or may become liens against any part of the Condominium, other than Units, and to assess the same against the Unit Owners and their respective Units subject to such liens; x) To purchase insurance for the protection of the members and the Association against casualty and liability in accordance with Articles XXIX and XX of the Amended and Restated Declaration and to act as insurance trustees in the collection and disbursement of insurance proceeds, as provided for in the Amended and Restated Declaration; xi) To pay all costs of power,water, sewer and other utility services rendered to the Condominium and not billed separately to Owners of Units; xii) To designate and remove personnel necessary for the maintenance, repair, replacement and operation of the Condominium including the Common Elements; xiii) To establish an adjudicatory panel to provide a hearing to determine if a Unit Owner should be fined not to exceed One Hundred Fifty Dollars ($150.00) for each violation of the Amended and Restated Declaration, these Restated Bylaws or the Rules and Regulations of the Association. If allowed by law, such fine may be assessed on a daily basis for a continuing violation. The adjudicatory panel shall accord to the Unit Owner charged with the violation notice of the charge, an opportunity to be heard and to present evidence, and notice of the panel's decision. Any fine established hereunder by an adjudicatory panel shall be an assessment against the Unit Owner charged with the violation and a lien against said Owner's Unit, subject to all the provisions and enforcement of Article XXIV of the Amended and Restated Declaration; xiv) To establish an adjudicatory panel to provide a hearing to determine if a Unit Owner is responsible for damages to any Common Elements or whether the Association is responsible for damages to a Unit, in cases where the claim for such damages is Five Hundred Dollars ($500.00) or less. The adjudicatory panel shall accord to the Unit Owner charged notice of the claim, an opportunity to be heard and to present evidence and notice of the panel's decision. The panel may assess a per incident liability not in excess of Five Hundred Dollars ($500.00). A liability assessed against a Unit Owner shall be an assessment against said Unit Owner and a lien against his Unit, subject to all provisions and enforcement of Article XXIV of the Amended and Restated Declaration. xv) To appoint an Architectural Control Committee to exercise the powers described in Article XV of the Amended and Restated Declaration, and such other committees as the Board of Directors, in its discretion, shall determine; xvi) To suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended, after notice of hearing, for a period not to exceed sixty (60) days for infraction of published 7 rules and regulations; but provided, however, that the right of a Unit Owner to ingress to and egress from his/her/its Unit shall not be impaired; xvii) To adopt and publish rules and regulations governing the rental of Units including acceptable lease forms, and the conduct of tenants, including, in their discretion,reasonable limitations on number of occupants in leased Units; xviii) To declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; xix) To employ attorneys, accountants or other professional personnel to represent and assist the Association when deemed necessary; xx) To borrow unsecured monies to meet necessary expenses of the Association, but the aggregate indebtedness of the Association shall at no time exceed an amount equal to the total quarterly assessment for all Units without an affirmative vote of members owning in the aggregate not less than sixty-seven percent(67%),voting in person or by proxy in a regular or special meeting of the members; xxi) To bring, if authorized in writing, an action in summary ejectment on behalf of any Unit Owner whose lessee is in violation of any of the Rules and Regulations,the Amended and Restated Declaration or these Restated Bylaws; and xxii) To exercise any other powers allowed by law,the Restated Articles of Incorporation and the Amended and Restated Declaration as may be necessary and proper for the governance and operation of the Association. k) Any one or more of the members of the Board of Directors may be removed, either with or without cause, at any time by a vote of members owning at least a majority of the Allocated Interests in the Condominium present and entitled to vote at any meeting of Unit Owners at which a quorum is present. 5. OFFICERS a) The executive officers of the Association shall be a President, who shall be a Board Member, a Vice-President, a Treasurer, a Secretary and an Assistant Secretary, all of whom shall be elected annually by the Board of Directors and who may be pre-emptorily removed by a majority vote of the Board Members at any Board meeting. Any person may hold two or more offices, except that the President shall not also be Vice-President, Secretary or an Assistant Secretary. The Board of Directors shall, from time to time, elect such other officers and designate their powers and duties as the Board of Directors shall find to be required to manage the affairs of the Association. b) The President shall be the chief executive officer of the Association. The President shall have all of the powers and duties which are usually vested in the office of the 8 president of any association, including, but not limited to, the power to appoint committees from among the members from time to time, as he or she may, in his or her discretion, determine appropriate to assist in the conduct of the affairs of the Association. c) The Vice -President shall, in the absence or disability of the President, exercise the powers and perform the duties of President. The Vice -President shall also generally assist the President and exercise such other powers and perform such other duties as shall be prescribed by the Board Members. d) The Secretary shall keep the minutes of all proceedings of the Board meetings and the members. The Secretary shall attend to the giving and serving of all notices to the members and Board Members, and such other notices required by law. The Secretary shall have custody of the seal of the Association and affix the same to instruments requiring a seal when duly signed. The Secretary shall be responsible for the preparation, execution, certification and recordation of any amendments to the Amended and Restated Declaration which the Association is required or allowed to prepare and record. The Secretary shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of secretary of an association and as may be required by the Board Members or the President. The Assistant Secretary shall perform the duties of Secretary when the Secretary is absent. e) The Treasurer shall have custody of all of the property of the Association, including funds, securities and evidences of indebtedness. The Treasurer shall (i) keep, or supervise the keeping of, the assessment rolls and accounts of the members; (ii) keep the books of the Association in accordance with good accounting practices; and (iii) perform all other duties incident to the office of Treasurer. f) The compensation of all officers and employees of the Association, if any, shall be fixed by the Board Members. This provision shall not preclude the Board of Directors from employing a Board Member as an employee of the Association, nor preclude the contracting with a Board Member for the management of the Condominium. g) All officers shall serve at the pleasure of the Board of Directors and any officer may be removed from office at any time, with or without cause, by a majority vote of the Board of Directors. Any officer may resign at any time by giving written notice to the Board of Directors. Such resignation shall take effect on the date of receipt of such notice or on the date specified therein; the acceptance of such resignation shall not be necessary for it to be effective. 6. FISCAL MANAGEMENT The provisions for fiscal management of the Association set forth in the Amended and Restated Declaration and Restated Articles of Incorporation shall be supplemented by the following provisions: a) The assessment roll shall be maintained in a set of accounting books in which there shall be an account for each Unit. Such account shall designate the name and address of 0 the Unit Owner,the amount of each assessment against the Unit Owner, the dates and amounts in which assessments come due, the amounts paid upon the account and the balance due upon assessments. b) The Board of Directors shall adopt a budget for each fiscal year which shall contain estimates of the cost of performing the functions of the Association, including, but not limited to the following: i) Common Expense budget which, subject to the limitations in the Amended and Restated Declaration, may include the estimated amounts necessary for maintenance and operation of and capital improvements to the Common Elements including landscaping, street and walkways, office expense,utility services, casualty insurance, liability insurance, flood insurance, fidelity coverage, administration and reserves (operating and Capital Improvement and Replacement),management fees and costs of maintaining leaseholds, memberships and other possessory or use interests in lands or facilities whether or not contiguous to the lands of the Condominium, to provide enjoyment,recreation or other use or benefit to the Unit Owners; and ii) Proposed assessments against each member and his, her or its Unit. Within thirty (30) days after its adoption of a budget, the Board of Directors shall provide a summary thereof to all members. c) The depository of the Association shall be such bank or banks as shall be designated from time to time by the Board Members and in which the monies of the Association shall be deposited. Withdrawal of monies from such accounts shall be only by checks signed by such persons as are authorized by the Board Members. d) An audit of the accounts of the Association shall be made annually by an independent accountant, and a copy of the report shall be made available (not later than one hundred twenty (120) days after the end of the Association's fiscal year for which the report is made)to each member or his or her authorized agent and any holder, insurer or guarantor of a first mortgage secured by a Unit, upon such parry's written request therefor. e) Fidelity bonds shall be required by the Board of Directors from all officers and employees of the Association who handle or are responsible for Association funds. The amount of such bonds shall be determined as set forth in the Amended and Restated Declaration. The premiums on such bonds shall be paid by the Association. The professional management agent of the Association,if it handles Association funds, shall obtain its own fidelity insurance coverage,which shall provide the same coverage required of the Association by law or by the Amended and Restated Declaration. 7. PARLIAMENTARY RULES Roberts Rules of Order(latest edition) shall govern the conduct of corporate proceedings when not in conflict with the Restated Articles of Incorporation and these Restated Bylaws or with the 10 statutes of the State of North Carolina. 8. AMENDMENTS TO RESTATED BYLAWS Amendments to these Restated Bylaws shall be proposed and adopted in the following manner: a) Amendments to these Restated Bylaws may be proposed by the Board of Directors of the Association acting upon a vote of the majority of the Board Members, or by members of the Association owning a majority of the Allocated Interests in the Common Elements of the Condominium,whether meeting as members or by instrument in writing signed by them. b) Upon any amendment to these Restated Bylaws being proposed by said Board of Directors or members, such proposed amendment shall be transmitted to the President of the Association, or other officer of the Association in the absence of the President,who shall thereupon call a Special Joint Meeting of the members of the Board of Directors and the membership for a date not sooner than twenty (20) days or later than fifty (50) days from receipt by such Officer of the proposed amendment, and it shall be the duty of the Secretary to give to each member written or printed notice of such meeting in the same form and in the same manner as notice of the call of a Special Meeting of the members is required as herein set forth. c) In order for such amendment to become effective,the same must be approved by an affirmative vote of a majority of the entire membership of the Board of Directors and by an affirmative vote of the members owning in the aggregate not less than sixty-seven percent(67%) of the Allocated Interests in the Common Elements of the Condominium. Thereupon, such amendment to these Restated Bylaws shall be transcribed and certified by the President and Secretary of the Association. d) Upon the approval of any amendment, the same shall become binding upon all Unit Owners. e) At any meeting held to consider any amendment to the Restated Bylaws, the written vote of any member of the Association shall be recognized if such member is not in attendance at such meeting or represented thereat by proxy,provided such written vote is delivered to the Secretary of the Association at or prior to such meeting. 0 Notwithstanding the foregoing provisions of this Article 8,no material alteration, amendment or modification of these Restated Bylaws shall be effective without the consent of Institutional Lenders as required in Article XXIX of the Amended and Restated Declaration. 9. AVAILABILITY OF DOCUMENTS AND RECORDS The Board of Directors shall cause to be maintained at the office of the Association a file containing current copies of the Amended and Restated Declaration, the Restated Articles of Incorporation, these Restated Bylaws, any Rules and Regulations applicable to the Condominium, and other books,records and financial statements of the Association. Such file 11 and the documents and information contained therein shall be available for inspection,upon request, during normal business hours,by all Unit Owners and their authorized agents,by holders, insurers and guarantors of first mortgages secured by Units, and by prospective purchasers of Units, all of whom may also, upon request and payment of a reasonable charge determined by the Board of Directors, obtain copies thereof. 10. RULES AND REGULATIONS The following Rules and Regulations shall apply to the Condominium, the Common Elements, the Limited Common Elements and the Units. Unit Owners shall, at all times, obey said Rules and Regulations and shall use their best efforts to see that they are faithfully observed by their families, guests, invitees, servants, lessees and persons over whom they exercise control and supervision. a) The sidewalks, entrances,passages, stairways and all of Common Elements must not be obstructed or encumbered or used for any purpose other than ingress and egress to and from the premises; nor shall carriages,bicycles,motorbikes,mopeds, wagons, shopping carts, chairs,benches,tables, or any other object of similar type and nature be stored therein. b) The personal property of any Unit Owner shall be stored within his Unit and within any storage space which is a Limited Common Element appurtenant to such Owner's Unit. c) No garbage cans, supplies or other articles shall be placed in any portion of the Common Elements,nor shall any linens, clothing, curtains, rugs,mops or laundry of any kind, or other articles,be shaken or hung on or from any balcony,terrace nor from any of the windows, doors or exposed on any part of the Limited Common Elements or Common Elements. The Common Elements shall be kept free and clear of rubbish, debris and other unsightly material. The Association shall have the right to remove unauthorized materials from the Common Elements without notice to any Unit Owner. d) No Unit Owner shall allow anything whatsoever to fall from the windows of the Unit, nor shall such Unit Owner sweep or throw any dirt or other substances from the Unit. e) Refuse and bagged garbage shall be deposited only in the areas provided therefor. f) Except as the Board of Directors may otherwise provide,no unlicensed vehicles or vehicles with an expired state inspection sticker shall be allowed to park on the Common Elements. No maintenance or repair work to any type of motor vehicles shall be conducted on the Common Elements. Anything to the contrary notwithstanding, a moped or other motorized bicycle may be kept on the Condominium property provided that it is not visible from the streets, roads and parking areas of the Condominium. g) Unit Owners,their guests, invitees and lessees shall be permitted to park permitted motor vehicles only in designated parking spaces. Violations of sections (f) and (g) of this paragraph 10 shall constitute a nuisance and, in addition to all other remedies available to it 12 at law and in equity, the Association shall have the right: (i)to assess fines against a Unit Owner for violations by him, his family and guests, invitees and lessees of his Unit; and (ii) to remove the offending vehicle from the Common Elements upon the commission of a second offense by a Unit Owner,his family, guests, invitees and lessees. The cost of such removal and any storage fees shall be the responsibility of the Unit Owner and the guest, invitee and lessee. The fines, costs and fees described in this section shall be deemed to be assessments as set forth in Article XXIV of the Amended and Restated Declaration and if not paid within thirty (30) days after notice and demand therefor,the Association shall be entitled to the remedies set forth in the Amended and Restated Declaration for the enforcement and collection of delinquent assessments. h) Employees of the Association or its professional managing agent shall not be sent off the condominium premises by any Unit Owner at any time for any purpose. No Unit Owner or resident shall direct, supervise or in any manner attempt to assert any control over the employees of the Association or the managing agent. i) No Unit Owner shall make or permit any disturbing noises by himself, his family, servants, employees, agents,visitors and lessees,nor do or permit anything by such persons which will interfere with the rights, comforts or convenience of the Unit Owners. j) No Unit Owner shall cause any improvements or alterations to be made to the exterior of the Condominium (including painting or other decoration, the installation of electrical wiring, or any other objects or devices which may protrude through the walls or roof of the Condominium) or in any manner alter the appearance of the exterior portion of any building without the prior written permission of the Architectural Control Committee, as set out in Article XV of the Amended and Restated Declaration. No Unit Owner shall cause any object to be fixed to the Common Elements or to any Units terrace (including the location or construction of fences or the planting or growing of flowers,trees, shrubs or other vegetation) or in any manner change the appearance of the exterior of the Condominium without the prior written permission of the Architectural Control Committee. The installation and location of satellite dishes and radio and television antennae shall be subject to Rules and Regulations of the Association as set forth from time to time. k) No flammable, combustible or explosive fluid, chemical or substance shall be kept or used in any Unit, Limited Common Elements or Common Elements except as are required for normal household use. 1) No resident of the Condominium shall post any advertisements or posters of any kind in or on the Common Elements except as authorized by the Association. m) Subject to the following and such other Rules and Regulations as the Association may promulgate from time to time, common household pets shall be permitted to be kept or maintained in any Unit. Common household pets shall not be kept, bred or maintained for commercial purposes. No structure for the care, housing or confinement of any pet shall be constructed or maintained on any part of the Condominium property. Animals shall be permitted on the Common Elements only if on a leash or under direct voice control of the owner and in 13 compliance with all laws and ordinances of the Town of Pine Knoll Shores and County of Carteret relating thereto. n) Open flame grills are not permitted on decks of the Condominium or within ten (10) feet of the Condominium structure the fire and safety regulations of the Town of Pine Knoll Shores and County of Carteret. 11. WASTE TREATMENT FACILITIES Special Provisions Concerning Waste Treatment Facilities: Notwithstanding any provisions contained herein to the contrary, the following special conditions shall apply to the governance of the Condominiums for such time as the Association owns and operates a private waste treatment facility in the Common Elements: A. The Association shall, from its regular assessments, provide a contingency fund for repair and reconstruction of the waste water collection, treatment and/or disposal system. B. The said systems shall have the highest priority for maintenance, repair or reconstruction from the funds of the Association, subject only to expenditures for federal, state and local taxes and insurance. C. Neither the Association, nor the Unit Owners, shall enter into a dissolution or abandonment of the condominium regime without transfer of the said treatment facilities to a person or entity acceptable to the appropriate agency of the State of North Carolina. D. The Association shall not transfer, convey, assign or otherwise relinquish or release its responsibilities for maintenance and operation of said facilities without the written consent of the N. C. Environmental Management Commission or its successors. 12. ENFORCEMENT The Association, or any Unit Owner, shall have the right to enforce by any proceeding at law or in equity, the Rules and Regulations of the Association as set forth herein or as they may exist from time to time. In addition, the Board of Directors shall have the right to assess reasonable fines against a Unit Owner for violations of the Association's published Rules and Regulations by such Unit Owner, his family, guests, invitees and lessees. Such fines shall be deemed to be assessments as set forth in Article XXIV of the Amended and Restated Declaration and if not paid within thirty (30) days after notice and demand therefor, the Association shall be entitled to the remedies set forth in the Amended and Restated Declaration for the enforcement and collection of delinquent assessments. Failure by the Association or by any Unit Owner to enforce any rule or regulation shall in no event be deemed a waiver of the right to do so thereafter. The Association shall have the right to request that law enforcement, public safety and animal control officers come on to the Common Elements to facilitate the enforcement of the laws, codes and ordinances of any governmental authority and the Rules and Regulations of the Association. 14 12. COMPLIANCE These Restated Bylaws are set forth to comply with the requirements of the Unit Ownership Act, Chapter 47A of the General Statutes of the State of North Carolina. In the event that any of these Restated Bylaws conflict with the provisions of said statute, it is hereby agreed and accepted that the provisions of the statute will apply. The foregoing were approved by sixty-seven percent(67%) of members present in person or by proxy on March , 2004, and were adopted as the Restated Bylaws of Genesis Condominium Owners' Association, Inc., a non-profit corporation under the laws of the State of North Carolina. President APPROVED: Assistant Secretary STATE OF NORTH CAROLINA COUNTY OF CARTERET I, , a Notary Public, hereby certify that on this day of March, 2004,personally appeared before me and , each of whom being by me first duly sworn, declared that he or she signed the foregoing document in the capacity indicated, that he or she was authorized so to sign, and that the statements therein contained are true. Notary Public My commission expires: 15 Non-Discharge Branch Upload/Submittal Form �. NORTH CAROLINA EnWrvnmenfol Quoity Version 2-Revised June 23,2020 Initial Review Reviewer Thornburg,Nathaniel D Is this submittal an application?(Excluding additional information.)* Yes No Permit Number(IR)* WQ0006863 Applicant/Permittee Genesis Condominium Owners Association,Inc. Applicant/Permittee Address P.O.Box 1154,Atlantic Beach,Nc 28512 Is the owner in BIMS? Yes No Is the facility in BIMS? Yes No Owner Type Organization Facility Name Genesis Condominiums WWTP County Carteret Fee Category Fee Amount $0 Is this a complete application?* Yes No Complete App Date Signature Authority Signature Authority Title Signature Authority Email Document Type(if non-application) Email Notifications Does this need review by the hydrogeologist?* Yes No Regional Office CO Reviewer Admin Reviewer Below list any additional email address that need notification about a new project. Email Address Comments to be added to email notfication Comments for Admin Comments for RO Comments for Reviewer Comments for Applicant Submittal Form Project Contact Information Please provide information on the person to be contacted by NDB Staff regarding electronic submittal,confirmation of receipt,and other correspondence. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Name* John Phillips Email Address* Phone Number* jfphillips@bellsouth.net 919-467-9972 Project Information Application/Document Type* New(Fee Required) Modification-Minor Modification-Major(Fee Required) Renewal Renewal with Major Modification(Fee GW-59, NDMR,NDMLR, NDAR-1, Required) NDAR-2 Annual Report Residual Annual Report Additional Information Change of Ownership Other We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form. https://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Permit Type:* Wastewater Irrigation High-Rate Infiltration Other Wastewater Reclaimed Water Closed-Loop Recycle Residuals Single-Family Residence Wastewater Other Irrigation Permit Number:* WQ0006863 Has Current Existing permit number Applicant/Permittee* Genesis Condominium Owners Association,Inc. Applicant/Permittee Address* P.O.Box 1154,Atlantic Beach,Nc 28512 Facility Name* Genesis Condominiums WWTP Please provide comments/notes on your current submittal below. This submittal includes(1)a Minor Modification application and supporting information,to reflect the UV replacement system that was installed without the prior approval of the Division and(2)a resubmittal of the permit renewal application.During the review of the permit renewal application there was an additional information request made(regarding the UV system and the need for a Minor Modification).The response to the additional information request was not made by the specified date,so the renewal application was"returned". At this time,paper copies are no longer required.If you have any questions about what is required,please contact Nathaniel Thornburg at nathaniel.thornburg@ncdenr.gov. Please attach all information required or requested for this submittal to be reviewed here.* (Application Form,Engineering Plans,Specifications,Calculations,Etc.) Genesis WQ0006863 Minor Mod and Renewal Applications 16.66MB Submittal 6-27-22.pdf Upload only 1 PDF document(less than 250 MB).Multiple documents must be combined into one PDF file unless file is larger than upload limit. * By checking this box, I acknowledge that I understand the application will not be accepted for pre-review until the fee(if required)has been received by the Non- Discharge Branch.Application fees must be submitted by check or money order and made payable to the North Carolina Department of Environmental Quality(NCDEQ). I also confirm that the uploaded document is a single PDF with all parts of the application in correct order(as specified by the application). Mail payment to: NCDEQ—Division of Water Resources Attn:Non-Discharge Branch 1617 Mail Service Center Raleigh,NC 27699-1617 Signature 01&�r9J�v� Submission Date 6/27/2022