WQ0021644_Owner (Name Change)_20220922

DocuSign Envelope ID: F8864680-47A8-49BB-8E74-92F8C38106EA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
9/22/2022
Todd Edmiston, Managing Agent
Mayfaire Community Association, Inc.
1612 Military Cutoff Rd., Suite 108
Wilmington, NC 28403
Subject: Change of Ownership Approval
Permit: WQ0021644
Mayfaire Phase I
New Hanover County
Dear Mr. Edmiston:
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0021644. This modification is to change ownership from Brody Zimmer, LLC to Mayfaire Community
Association, Inc. and Mayfaire Community Association, Inc. is now responsible for the continued
operation and maintenance of the subject wastewater collection extension. Our database has been
revised to reflect the ownership change. This cover letter shall be considered a part of this permit and is
therefore incorporated therein by reference.
The Permittee shall maintain compliance with its individual system -wide collection system permit for
the operation and maintenance of these facilities as required by 15A NCAC 2T .0400 and G.S 143-215.9B.
If you have any other questions regarding this matter, please contact Kristin Litzenberger at (919) 707-
3699 [email: [e-mail]].
Sincerely,
1- DocuSigned by:
Y t L LLt, kovIt C LL
"-C464531431644FE_.
for Richard E. Rogers, Jr., Director
Division of Water Resources, NCDEQ
enclosures: Permit No. WQ0021644
.0403 Supplement
Operational Agreement
cc: Jerry Eatman [[e-mail]]
H.J. Brody, Brody Zimmer, LLC [[e-mail]]
Wilmington Regional Office, Water Quality Regional Operations Section
Municipal Permitting Unit Files (electronic copy)
GDE
NORTH C OLI JA '
omm mr� ep..of o�.i
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: F8864680-47A8-49BB-8E74-92F8C38106EA
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER Permit No. WQ0021644
HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this day of
,2022 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Mayfaire Community 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 formed for the purpose, among others, of handling the property, affairs and
business of the development known as Mayfaire, Wilmington, NC
(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 Chapter47C
or 47F 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:
I. 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 in
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 pare 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 bythe Association except for Federal, State, and local taxes and insurance.
FORM: HOA 03-19 Page 1 of 2

DocuSign Envelope ID: F8864680-47A8-49BB-8E74-92F8C38106EA
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 anytime.
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 mayrequire 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 bythe 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 I, 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 MAYFAIRE COMMUNITY ASSOCIATION, INC.
NT COMMISSION
hotAltItIte
r4R1s2143. 4AEF
for Richard E. Rogers, Ir.
Director, Division of Water Resources
9/22/2022
Name ofASSO9IATION
By:
(Sig y) Jeffery V. Curry
Chief Legal Officer
Print Name and Title
(Date) (Date)
FORM: HOA 03-19 Page 2 of 2

DocuSign Envelope ID: F8864680-47A8-49BB-8E74-92F8C38106EA
15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division approved average daily flow less than
200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided
the system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this
Rule:
(1) The sewer system is effectively maintained and operated at all times to prevent discharge to
land or surface waters, and to prevent any contravention of groundwater standards or
surface water standards.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule, spare parts inventory and overflow response has been
developed and implemented.
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are
inspected by the permittee or its representative every day (i.e., 365 days per year). Pump
stations that are connected to a telemetry system are inspected at least once per week.
(5) High -priority sewers are inspected by the permittee or its representative at least once every
six -months and inspections are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is
conducted at least once per year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in
accordance with 15A NCAC 02B .0506(a), and public notice is provided as required by G.S.
143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly owned collection systems, the Grease Control Program shall include at
least biannual distribution of educational materials for both commercial and
residential users and the legal means to require grease interceptors for new
construction and retrofit, if necessary, of grease interceptors at existing
establishments. The plan shall also include legal means for inspections of the grease
interceptors, enforcement for violators and the legal means to control grease
entering the system from other public and private satellite sewer systems.
(B) For privately owned collection systems, the Grease Control Program shall include at
least biannual distribution of grease education materials to users of the collection
system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts
(A) and (B) of this Subparagraph if necessary to prevent grease -related sanitary
sewer overflows.
(9) Right-of-ways and easements are maintained in the full easement width for personnel and
equipment accessibility.
(10)Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a
minimum of three years with exception of the map, which shall be maintained for the life of
the system.
(b) Private collection systems on a single property serving an industrial facility where the domestic
wastewater contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system should not be deemed to be permitted in
accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in
accordance with Rule .0113(e) of this Subchapter.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006.

DocuSign Envelope ID: F8864680-47A8-49BB-8E74-92F8C38106EA
Michael F. Easley, Governor
William G. Ross Jr., Secretary
•Nprth Carolina Department of Environment and Natural Resources
Alan W. Klimek, RE., Director
Division of Water Quality
JEFFREY L. ZIMMER, DIRECTOR
BRODY ZIMMER, LLC
111 PRINCESS STREET
WILMINGTON, NC 28401
Dear Mr. Zimmer:
September 13, 2002
OF DEVELOPMENT
ECE:a
JUN 1 0 2021
BY.
Subject: Permit No. WQ0021644
Brody Zimmer, LLC
Mayfaire Phase I
Wastewater Collection System Extension
New Hanover County
In accordance with your application received July 24, 2002, and additional information received
September 4, 2002, we are forwarding herewith Permit No. WQ0021644, dated September 13, 2002, to
Brody Zimmer, LLC for the construction and operation of the subject wastewater collection system
extension. This permit shall be effective from the date of issuance until rescinded and shall be subject
to the conditions and limitations as specified therein. This cover letter shall be considered a part of this
permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any
individual system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by a North Carolina -licensed Professional Engineer in the application. It shall be the
Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to Brody Zimmer, LLC for the construction and operation of approximately 6,286 linear feet of
8-inch gravity sewer, and 1,322 linear feet of 10-inch gravity sewer to serve 13 three -bedroom and 13
four -bedroom single family residences, retail space (702,300 s.f.), five restaurants (23,350 s.f. total),
and 198 one -and/or two -bedroom condominiums as part of the Mayfaire Phase I project, and the
discharge of 204,983 gallons per day of collected domestic wastewater into the City of Wilmington's
existing sewerage system, pursuant to the application received July 24, 2002 and in conformity with
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http://h2o.enr.state.nc.us/ndpu
Telephone [phone] Fax [phone]
Telephone [phone]B
50% recycled/10% post -consumer paper

DocuSign Envelope ID: F8864680-47A8-49BB-8E74-92F8C38106EA
15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996
as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit.
The sewage and wastewater collected by this system shall be treated in the City of Wilmington
Wastewater Treatment Facility (Permit No. NC0023973) prior to being discharged into the receiving
stream.
This permit shall become voidable unless the agreement between Brody Zimmer, LLC, New
Hanover County Water & Sewer District, and the City of Wilmington for the collection and final
treatment of wastewater is in full force and effect.
A stormwater management plan shall be submitted to and approved by the Wilmington Regional
Office in accordance with 15A NCAC 2H .1000.
if any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Kristin E. Miguez at
[phone] extension 524_
Sincerely,
%tom
for Alan W. Klimek, P.E.
cc: New Hanover County Health Department
t Yilrnirigtoi ,regional Office, Water Quality Section (WWTF Permit No. NC0023973)
LandDesign, Inc.
City of Wilmington
New Hanover County Water & Sewer District
Central Files
NPDU Files

DocuSign Envelope ID: F8864680-47A8-49BB-8E74-92F8C38106EA
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively
maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
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4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings", and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. in the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours or on the next working
day, following the occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
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b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five days following first knowledge of the occurrence. This report must outline the actions taken or
proposed to be taken to ensure that the problem does not recur.
Permit issued this the thirteenth day of September, 2002
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
XAfifes- G. '
for Alan W. Klimek, P.E., D'~-ctor,
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0021644
3