HomeMy WebLinkAboutWQ0043686_Sewer System Permit Ownership/Name change_20230524JD S1GNA'rURE
- H U M E S -
May 22, 2023
RE: Cover Letter for Form:
PNOCF 01-16
To whom it may concern,
RECEIVED
MAY 2 4 2023
NCDEQ/DWR/NPDES
Enclosed within this envelope, please find the below items. These items relate to a request for a sewer system
ownership/ name change for "Port City Preserve" located at 3400 Masonboro Loop Rd., Wilmington, NC 28409.
Enclosed
• (2) Completed PNOCF 01-16 forms
Best Regards,
Ryan M. Bowker
JD Signature Homes, Land Development and Entitlements Manager
PA, NC
267-990-9043
ryan0idsignaturehomes.net
RMB/rmb
41 Byberry Road, Suite 1, Hatboro, PA 19040 1267.332.6800 1 info@jdsignaturehomes.net I jdsignaturehomes. net
State of North Carolina
��AID Department of Environmental Quality
Division of Water Resources
M�- 1W MW � Wh, SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16
This form is for ownership changes or name changes of a sewer system permit. Please note that "Permitiee" references the
existing permit holder, and that "Applicant" references the entity applying for the ownership/name change.
Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This
form should not be used for permits with NC, NCG, SW or other types of non -sewer permits beginning with WQ.
For more information, visit the Division's Water Quality Permitting s website:
A. Sewer System Permit Ownership/Name Change (FORM: PNOCF 01-16) Application (All Applications):
Submit an original completed and appropriately executed application (PNOCF 01-16).
The Existing Permittee's Certification 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).
The Applicant's Certification 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).
B. Existing Permit (All Applications):
0( Submit a copy of the most recently issued permit and certification.
C. Property Ownership Documentation (All Applications):
➢ The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities:
❑ Legal documentation of ownership (i.e., GIS, deed, article of incorporation, or contract), or
5I Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or
❑ Approved board minutes
D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility):
CK Per 15A NCAC 02T .0115(a)(1), provide one copy of 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 non -discharge system.
E. Operational Agreements (Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be
sold):
➢ Home/ProRg!y Owners' Associations
❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA).
❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By-
laws that contain the language required by the Operational Agreement.
➢ Developers of lots to be sold
IN Per 15A NCAC 02T .0115(b), submit an original of the properly executed Operational Agreement (FORM: DEV)•
F. Package Submitted in Duplicate
EJ/Submit a copy of all required documents in Instructions A-E as required
THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE
TO:
NCDEQ - DWR
Water Quality Permitting Section
PERCS Unit
By U.S. Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1636 SUITE 925
RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: (919) 807-6300
INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1
State of North Carolina
Department of Environmental Quality
Division of Water Resources
DWR SEWER SYSTEM PERMIT OWNERSHIPINAME CHANGE
INSTRUCTIONS FOR FORM: PNOCF 01-16
Division of Water Resources
I. EXISTING PERMITTEE INFORMATION:
1. Permittee's name: - Redeeming Development Group, LLC RECEIVED
2. Signature authority's name: per 15A NCAC 02T .0106(b) Chris Hodges
3. Signature authority's title: Managing Member MAY 2 4 2023
4. Permittee's mailing address: 618 Cumberland St.
City: Raleigh State: NC Zip:27610 NCDEQ/DWR/NPDES
5. Permittee's contact information: Phone number 919-210-0079 Fax Number (_)
Email Address:. Ch risC@rdgnc.com
II. APPLICANT INFORMATION:
1. Applicant's name: _JDSH Port City Preserve, LLC
2. Signature authority's name: per 15A NCAC 02T .0106(b) J e
3. Signature authority's title: r �`
4. Applicant's mailing address: 130 Westongate Way
City: Cary hate: NC Zip: 27513
5. Applicant's contact information: Phone number:267-332-6800 Fax Number (_)
Email Address: _Ryan@jdsignaturehomes.net
6. Representative's name:
7. Representative's title:
S. Representative's contact information
111. PERMIT INFORMATION:
Phone number: (_)
Email Address:
Fax Number (_) _
1. Existing permit number: and most recent issuance date: W00043686, issued on 9-7-22
2. Reason for the permit application: Select If other, attach detailed explanation Change of Ownership
3. Has the facility been constructed? ❑ Yes orX No
4. Has the facility been certified per 15A NCAC 02T .0116? ❑ Yes or X No
FORM: PNOCF 01-16 Page 1 of 2
IV. CERTIFICATIONS:
Existing Permittge's Certification per 115A i\('AC 02T .0106(b):
i
Authority's name & title from Application Item 1.2 & 3)
that this application
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit
into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater
from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,
and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit
be violated. I also understand that if all required parts of this application are note completed and that if all required supporting
information and attachments are not included, this application will be returned to me as incomplete.
NOTE — In accordance with General Statutes 143_215.6A and 143-215.61i, any person who knowingly makes any false statement,
representation, or fica 'o in any pplicattion package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $ I0,006 to $ 00 per violation.
Signature: ///_ Date: >
Applicant's Certification per 14;A'sCAC 02T .0106(h):
C.-I ADW�&—, AOA94 I --J 497 Z
(Signature Authority's named title from Application Item I1.2&3.)
that this application
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into
the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non -
discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,
and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated.
I also understand that if all required parts of this application package are not completed and that if all required supporting information
and attachments are not included, this application package will be returned to me as incomplete.
NOTE — In accordance with General Statutes 1 d 3-215.6A and 14 1 S 613, 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 ivil penalties up to 0 per iolation. Signature: ' tr Date: `5
ZZ zs
FORM: PNOCF 01-16 Page 2 of 2
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C91`313A
t-onaivon n.z+: Kequires tnat ine wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee.
Condition 11.7: Upon completion of construction and prior to operation of these permitted facilities, the
completed Engineering Certification form with checklist attached to this permit shall be
submitted with the required supporting documents to the address provided on the form.
Permit modifications are required for any changes resulting in non-compliance with
this permit, regulations, or the Minimum Design Criteria. [15A NCAC 02T.01161
Condition 11.13: If the Permittee/Applicant holds a system -side collection system operation,
maintenance and management permit (WQCS-prefix) from the Division, then the
following applies: For all newly constructed, modified and rehabilitated pump stations,
all equipment and components shall be sealed within a corrosion -resistant coating or
encasement to the extent practicable and equivalent to the minimum design criteria
unless the permittee can demonstrate it is not practicable or another form of corrosion
resistance is employed. [15A NCAC 02T .0108 (b)]
It shall be responsibility of the Permittee 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.
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 Tyler Benson at (910) 796-7215
or via e-mail at Tyler.Benson@ncdenr.gov.
Sincerely,
DocuSigned by:
E-T7F1
AtA,
41E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Attachment: Operational Agreement
Cc: Charles Cazier, Intracoastal Engineering
CFPUA
Upload to Laserfiche
(Laserfiche info via email)
(Laserfiche info via email or mail)
Permit No. WQ0043686 September 7, 2022 Page 2 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C9F313A
t ;
Envrronmentai Qaahrr
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 the
REDEEMING DEVELOPMENT LLC
NEW HANOVER COUNTY
for the construction and operation upon certification of approximately 514 linear feet of 6-inch gravity
sewer to serve 16 three -bedroom townhome residences as part of the Port City Preserve Private Sewer
project, and the discharge of 5,760 gallons per day of collected domestic wastewater into the CFPLIA's
existing sewerage system, pursuant to the application received July 29, 2022 and additional information
received September 6, 2022, and in conformity with 15A NCAC 2T; 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 Environmental Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
Permit Number: WQ0043686
Issued Today: September 7, 2022
DocuSigned by:
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By Authority of the Director and The Environmental Management Commission
Permit No. WQ0043686 September 7, 2022 Page 3 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C9F313A
SUPPLEMENT TO PERMIT COVER SHEET
REDEEMING DEVELOPMENT LLC is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Southside Wastewater Treatment
Facility in accordance with Permit Number NC0023973.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division of Water Resources' (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.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
1. SPECIAL CONDITIONS
1. This permit shall become voidable unless the agreement between the Redeeming Development LLC
and the CFPUA for the collection and final treatment of wastewater is in full force and effect. [15A
NCAC 02T.0304(h)]
2. The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the
terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance
with the terms and conditions of this permit (also see Standard Condition 7). [15A NCAC 02T.0115]
II. STANDARD CONDITIONS
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. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; 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 materials unless specifically mentioned herein. [15A NCAC 02T.0110]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
Permit No. WQ0043686 September 7, 2022 Page 4 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C9F313A
4. 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 2T .0403. If an individual
permit is not required, the following performance criteria shall be met: [15A NCAC 02T ,0108(b)]
a. The sewer system shall be 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.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been 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 -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. 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.
h. A Grease Control Program is in place as follows:
1. For public 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 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.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
5. Noncompliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Wilmington
Regional Office, telephone number (910) 796-7215, 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:
Permit No. WQ0043686 September 7, 2022 Page 5 of 9
DocuSign Envelope ID: 711 0E733-8A9D-479B-8554-6FB01 C9F313A
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
b. Any SSO and/or spill over 1,000 gallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300.
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved 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. Part 11 of Form CS-SSO (or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. 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. [15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form with checklist attached to this permit shall be submitted with the
required supporting documents to the address provided on the form. A complete certification is one
where the form is fully executed and the supporting documents are provided as applicable. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Engineer's Certification shall be considered a violation of the permit and shall subject the
Permittee to appropriate enforcement actions.
if the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines & force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or in accepted electronic format and are defined as the design drawings that are marked
up or annotated with after construction information and show required buffers, separation
distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity,
pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge
protection, detention time in the wet well, and force main, ability to flush low points in force
mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or
pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities
and the rotation schedule of the portable power source or pump, include travel timeframes, shall
be provided.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Permit No. WQ0043686 September 7, 2022 Page 6 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C9F313A
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length changes of 10% or greater by type & size,
increased flow, pump station design capacity design increases of 5% or greater, and increases in the
number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications
or variances to the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its
own merit. Please note that variances to the Minimum Design Criteria should be requested and
approved during the permitting process prior to construction. After -construction requests are
discouraged by the Division and may not be approved, thus requiring replacement or repair prior to
certification & activation. [15A NCAC 02T .0116]
Gravity sewers installed greater than ten percent below the minimum required slope per the Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T .0116)
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; 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,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
Carolina -licensed Professional Engineer to the licensing board. (15A NCAC 02T .0104; 15A NCAC 02T
.0108(b-c)]
11. 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.
[15A NCAC 02T .0110; 15A NCAC 02T .0108(b)]
12. 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 the Division any other Federal, State, or Local
government agencies which have jurisdiction or obtaining other permits which may be required by
the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)]
13. If the Permittee/Applicant holds a system -side collection system operation, maintenance and
management permit (WQCS-prefix) from the Division, then the following applies: For all newly
constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed
within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the
minimum design criteria unless the permittee can demonstrate it is not practicable or another form
of corrosion resistance is employed. [15A NCAC 02T .0108 (b)]
Permit No. WQ0043686 September 7, 2022 Page 7 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C9F313A
FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE:
Redeeming Development LLC
PERMIT #:
WQ0043686
PROJECT:
Port City Preserve Private Sewer
ISSUE DATE:
September 7, 2022
COUNTY:
New Hanover
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until
the Division has received this Certification and all required supporting documentation. Consequently, it should be
submitted in a manner that documents the Division's receipt. Send the required documentation to the Wilmington
Regional Supervisor, Water Quality Section at the address at the bottom.
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Certifications
shall include Phase/Section covered, line size & lengths installed, and listing of lots/connections to be served and pump
station design, if applicable. A Final Certification shall be a complete set of record drawings and design calculations
regardless of whether partials have been submitted.
PERMITTEE'S CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable
standards & requirements, the Professional Engineer below has provided applicable design/construction information to
the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein
or portions thereof.
Printed Name, Title Signature Date
ENGINEERS CERTIFICATION
I, , as a duly re Istered Professional Engineer in the State of North Carolina, having been
authorized to ( periodically, ❑ weekly, full time) observe the construction of the project name and location as
referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the following construction:
approximately 514 linear feet of 6-inch gravity sewer to serve 16 three -bedroom townhome residences as part of the
Port City Preserve Private Sewer project and the discharge of 5,760 gallons per day;
such that the construction was observed to be built in compliance of this permit; 15A NCAC 2T; the Division of Water
Resources' (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.
......................................................
North Carolina Professional Engineer's Seal w/signature & date
❑ Final ❑ Partial (include description)
Certification Comments/Qualifiers (attach if necessary):
NC DWR — Water Quality Regional Operations Section 127 Cardinal Drive Extension Wilmington, NC 28405
DocuSign Envelope ID: 7110E733-849D-479B-8554-6FB01 C9F313A
- o=•u=j F—viu4, it tilt ucciaiation and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the continued
proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apenmit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy oflthis agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COl�1VlgON
TO4- as For
Richard E. Rogers, r. 7F141E73WF3456
Director, Division of Water Resources
09/07/2022
(Date)
CA
Name
nofDEVEW R
Bv: li��tr'iv►--�
(Signature)
e, k1U t � c C lii V
Print Name and Title
�)9
(Date)
CONSENT AND AUTHORIZATION FOR PERMITS AND APPROVALS
This CONSENT AND AUTHORIZATION FOR PERMITS AND APPROVALS ("Consent") is made this
day of May, 2023 by REDEEMING DEVELOPMENT, LLC a North Carolina Limited liability company
("RDG").
WHEREAS, RDG and JDSH PORT CITY PRESERVE, LLC, a North Carolina limited liability company
("JDSH") entered into a certain Purchase and Sale Agreement (the "Agreement") dated March 8, 2023 for certain
Property including land located 3400 & 3380 Masonboro Loop Road, Wilmington, North Carolina, known as
Parcel ID# R06700-001-010-000 & R06700-001-011-000, as described in more detail in the Agreement and
attached hereto as Exhibit A. Capitalized terms not defined in this Consent shall be defined as set forth in the
Agreement.
WHEREAS, RDG is the owner of the Property.
WHEREAS, RDG wants to issue this Consent in order to allow permits, certificates, consents, exemptions,
licenses and approvals for the use, development and construction of the Property (collectively, "Permits') to be
transferred to, and obtained by, JDSH or its affiliates, as applicable.
WHEREAS, RDG acknowledges that a copy of this Consent may be kept in the records of governmental bodies
or agencies having jurisdiction over the Property and that such governmental bodies or agencies may inspect the
Property in connection with the Permits.
NOW, RESOLVED, that JDSH and its affiliates shall be entitled to seek and obtain Permits, including, without
limitation, the assignment or transfer of any existing Permits or issuance of new Permits, in the name of JDSH or
its affiliates, as applicable.
This consent is made as of the date first written above by RDG.
REDEEMING DEVELOPMENT GROUP, LLC
a North Carolina limited liability company
By:
Name:
Title:
JDSH accepts this consent as of the date first written above
JDSH PORT CITY PRESERVE, LLC
a North Caro ituL limited liability company
By:
Name:
Title: ,/i'olo ' �Z, A
[NOTARIZATIONS ON FOLLOWING PAGE]
CONSENT AND AUTHORIZATION FOR PERMITS AND APPROVALS
This CONSENT AND AUTHORIZATION FOR PERMITS AND APPROVALS ("Consent") is made this
day of May, 2023 by REDEEMING DEVELOPMENT, LLC a North Carolina Limited liability company
("RDG").
WHEREAS, RDG and JDSH PORT CITY PRESERVE, LLC, a North Carolina limited liability company
("JOSH") entered into a certain Purchase and Sale Agreement (the "Agreement") dated March 8, 2023 for certain
Property including land located 3400 & 3380 Masonboro Loop Road, Wilmington, North Carolina, known as
Parcel ID# R06700-00 1 -0 10-000 & R06700-00 1 -011 -000, as described in more detail in the Agreement and
attached hereto as Exhibit A. Capitalized terms not defined in this Consent shall be defined as set forth in the
Agreement.
WHEREAS, RDG is the owner of the Property.
WHEREAS, RDG wants to issue this Consent in order to allow permits, certificates, consents, exemptions,
licenses and approvals for the use, development and construction of the Property (collectively, "Permits") to be
transferred to, and obtained by, JDSH or its affiliates, as applicable.
WHEREAS, RDG acknowledges that a copy of this Consent may be kept in the records of governmental bodies
or agencies having jurisdiction over the Property and that such governmental bodies or agencies may inspect the
Property in connection with the Permits.
NOW, RESOLVED, that JDSH and its affiliates shall be entitled to seek and obtain Permits, including, without
limitation, the assignment or transfer of any existing Permits or issuance of new Permits, in the name of JDSH or
its affiliates, as applicable.
This consent is made as of the date first written above by RDG.
REDEEMING DEVELOPMENT GROUP, LLC
a Nft Gerpl}r►# lgnjted 1}ability company
N:V-kr-v6k'W
� K
Title: �t v c�'''Y � � RJ"i i ^'ff Pet, (,r r-YL -
JDSH accepts this consent as of the date first written above
JDSH PORT CITY PRESERVE, LLC
a North Carolina limited liability company
By:
Name:
Title:
[NOTARIZATIONS ON FOLLOWING PAGE]
State of North Carolinal
County of
1, [Name of Officer Taking Acknowledgment], a [Official Title
of Officer Taking Acknowledgment], certify that [Name of RDG Member/Officer] personally
came before me this day and acknowledged that he/she is the [Title] of REDEEMING
DEVLEOPMENT, LLC, a North Carolina limited liability company, and that he/she, as [Title
of Officer], being authorized to do so, executed the foregoing on behalf of the company.
Witness my hand and official seal this day of May, 203.
(Official Seal)
Official Signature of Notary
Notary's Printed or Typed Name
Notary Public
My Commission Expires:
State of North C olina Y /
County of
c
[Name of Officer Taki2 Acknowlc 1 nt � ��
J
� C [Official Title
of Officer Taking Acknowledgment], certify that that ersonally came before
me this day and acknowledged that he/she is Authorized gent J1 H P RT CITY PRESERVE, LLC, a North
Carolina limited liability company, and that he/she, as Authoriz d Signor, being authorized to do so, executed the
foregoing on behalf of the company. ��
Witness my hand and official seal this 4 day of May, 2023.
(Official Seal)
�0\111111f/jj
� �c1N E << ���
•:SS\on.£�pi �•:
My Commission Expires:
• 7/J. 2 0
IC"
--��J01
Notary's Printed or Typed Name
Notary Public
State of North Carolina}
County of W &�� }
I, i ►4 Ro6e-r SCr% [Name of Officer Taking Acknow_ [edgmeat], a 1C[0fficial Title
of Officer Taking Acknowledgment], certify that of RDG Me ber/Officer] personally
came before me this day and acknowledged that he/she is the RemkWftlel of REDEEMING
DEVLEOPMENT, LLC, a North Carolina limited liability company, arill that he/she, as M&4Wre
of Officer], being authorized to do so, executed the foregoing on behalf of the company.
Witness my han, ,Mo official seal this
(Official�S�a�j ROBRS
'Z pTAR}
oZ
,� -,
!y AUB1-\�' V
My Commission Expires: I ( — 11-
State of North Carolina}
County of }
I O day of May, 203.
Official Signature of Notary
Notary's Printed or Typed Name
Notary Public
I, [Name of Officer Taking Acknowledgment], a [Official Title
of Officer Taking Acknowledgment], certify that John DiPasquale personally came before me this day and
acknowledged that he/she is the Authorized Signor of JDSH PORT CITY PRESERVE, LLC, a North Carolina
limited liability company, and that he/she, as Authorized Signor, being authorized to do so, executed the
foregoing on behalf of the company.
Witness my hand and official seal this day of May, 203.
(Official Seal)
Official Signature of Notary
Notary's Printed or Typed Name
Notary Public
My Commission Expires:
EXHIBIT A
AGREEMENT
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
OPERATING AGREEMENT
JDSH PORT CITY PRESERVE LLC
(a North Carolina Limited Liability Company)
This Operating Agreement (this "Agreement") is entered into effective as of May5/17/2023
2023, for JDSH PORT CITY PRESERVE LLC, a North Carolina limited liability company (the
"Company'), by DIPASQUALE ORGANIZATION, LLC, a Pennsylvania limited liability
company, the sole member of the Company (the "Member').
BACKGROUND
A. The Member formed the Company as a limited liability company pursuant to the
North Carolina Limited Liability Company Act, (the "Act") by filing Articles of Organization with
the State of North Carolina Secretary of State. The Company shall be governed by the laws of the
North Carolina in accordance with this Agreement. The Company shall be member -managed.
B. The Member is the sole member of the Company.
C. The Member intends for this Agreement to govern the Member's rights and
obligations concerning the Member's ownership interest in the Company, and to set forth the terms
and conditions on which the management, business, and financial affairs of the Company will be
conducted.
ARTICLE I— OFFICES AND TERM
1.1 Principal Office. The principal office of the Company will be c/o DiPasquale
Organization, 41 Byberry Road, Suite 1, Hatboro, PA 19040. The Company may have such other
offices in or outside of the State of North Carolina as the Member may designate or as the business
of the Company may require from time to time.
1.2 Registered Agent and Office. The registered agent and registered office of the
Company required by the Act to be maintained in the State of North Carolina shall be the person
and location reflected in the Articles of Organization. The registered office and the registered
agent may be changed from time to time by action of the Member in filing the prescribed form
with the Secretary of State of North Carolina.
1.3 Term. The Company shall have a term commencing with the date on which its
Articles of Organization were filed in the office of the Secretary of State Business Services
Division and extending until such time as terminated by the Member, unless earlier terminated as
provided in the Act.
1
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ARTICLE II— NAME AND PURPOSE
2.1 Name. The Company's business shall be conducted under the name "JDSH PORT
CITY PRESERVE LLC". The Member may, in its discretion, change the name of the Company.
In addition, the Member may adopt trade or fictitious names, consistent with law, as he may deem
appropriate.
2.2 Purpose and Character. The purpose and character of the business of the Company
shall be to acquire and manage real property and to do any lawful thing for which a limited liability
company may be formed under the Act.
ARTICLE III— MANAGEMENT
3.1 Management Power of the Member. The Member is hereby granted the exclusive
right, power, and authority to do on behalf of the Company all things which are necessary or
appropriate to manage the Company's affairs and fulfill the purposes of the Company, including
delegating all or part of the Member's management powers to officers, employees, agents or other
representatives of the Company. Any individual, firm, joint venture, corporation, general
partnership, limited partnership, trust or other entity (each, a "Person") dealing with the Company
shall have the right to rely upon the actions of the Member to bind the Company by its actions or
signature. Any action required or permitted to be taken by the Member may be taken without a
meeting if a consent in writing, setting forth the action so taken, is signed by the Member.
3.2 Officers of the Company.
(a) Delegation of Authority. The Member may appoint officers of the
Company who shall have the power and authority to manage and control the business and affairs
of the Company on behalf of and subject to the control of the Member. The Member may appoint
a President, Chief Financial Officer, Treasurer, Secretary, one or more Vice Presidents, one or
more Assistant Secretaries and such other officers and agents as it shall deem appropriate. Any
number of offices may be held by the same person. Officers shall have, in addition to the duties
and powers set forth in this Agreement, such duties and powers as are customarily assigned to his
or her office in a North Carolina corporation. If officers are not appointed by the Member, the
Member shall have the full and exclusive management and control of the business of the Company
and may take any actions that the Member deems appropriate.
(b) Duties of the President. The President shall be the Chief Executive Officer
of the Company, and shall have general supervision, direction and control of the business and
affairs of the Company, subject to the control of the Member and shall have such other functions,
authority and duties as customarily appertain to the office of the chief executive of a business
corporation or as may be prescribed by the Member.
(c) Duties of the Chief Financial Officer. The Chief Financial Officer if one is
appointed shall keep or cause to be kept the books of account of the Company in a thorough and
proper manner and shall render statements of the financial affairs of the Company in such form
and as often as required by the Member. The Chief Financial Officer if one is appointed shall
perform other duties commonly incident to his office and shall also perform such other duties and
have such other powers as the Member shall designate from time to time. The President may direct
ki
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
the Treasurer to assume and perform the duties of the Chief Financial Officer in the absence or
disability of the Chief Financial Officer, and the Treasurer shall perform other duties commonly
incident to the office of the Chief Financial Officer and shall also perform such other duties and
have such other powers as the Member shall designate from time to time in such absence.
(d) Duties of the Treasurer. The Treasurer shall be the treasurer of the
Company and shall have the custody of the funds and securities of the Company and shall keep
full and accurate accounts of receipts and disbursements in books belonging to the Company and
shall deposit all moneys and other valuable effects in the name and to the credit of the Company
in such depositories as may be designated by the Member and shall perform such other duties as
may be prescribed by the Member.
(e) Duties of the Secretary. The Secretary if one is appointed shall keep a
record of all proceedings of the Company and shall perform such other duties as may be prescribed
by the Member.
(f) Duties of a Vice President. A Vice President shall act under the direction
of the President and in the absence or disability of the President shall perform the duties and
exercise the powers of the President. A Vice President shall perform such other duties and have
such other powers as the President or the Member may from time to time prescribe.
(g) Other Officers. Any officer who is appointed from time to time by the
Member and whose duties are not specified in this Section 3.2 shall perform such duties and have
such powers as may be prescribed from time to time by the Member.
(h) Removal and Resignation. Any officer or agent of the Company may be
removed by the Member at any time, with or without cause, but such removal shall be without
prejudice to the contract rights, if any, of the person so removed. Any officer of the Company may
resign at any time by giving written notice of his or her resignation to the Member. Any resignation
shall take effect at any time subsequent to the time specified therein or, if the time when it shall
become effective is not specified therein, immediately upon its receipt. The acceptance of a
resignation shall not be necessary to make it effective unless otherwise stated in the resignation.
Such resignation shall be without prejudice to the contract rights, if any, of the Company. This
Section 3.2(h) is subject to any written agreements between the Company and the officer.
(i) Vacancies. A vacancy in any office may be filled by the Member for the
balance of the term.
6) Salaries. The salaries and other compensation of the officers shall be fixed
from time to time by the Member.
ARTICLE IV— MEMBER AND CAPITAL ACCOUNTS
4.1 Member. Member, shall be the sole initial member of the Company and shall own
one hundred percent (100%) of the ownership interests in the Company ("Percentage Interest").
3
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4.2 Authority of the Member and Affiliates to Deal With Company. Affiliates of the
Member may, and shall have the right to, deal with the Company in the same manner and to the
same extent as any person not a member. Affiliates of the Member may, and shall have the right
to, act as general contractor, supervisory contractor, management agent, or in some other and
similar capacity with respect to properties in which the Company has an interest.
4.3 Capital Contributions. The Member has contributed to the capital of the Company
the amount of $100.00. No Member shall be required to make any additional contribution to the
capital of the Company except as provided in this Agreement. The provisions set forth in Schedule
A shall be an integral part of this Agreement.
4.4 Limitation on Liability of the Member, Indemnification.
(a) Liability of Member. To the fullest extent permitted under the Act, the Member,
whether acting as the Member of the Company, or in any other capacity, shall not be liable for any
debts, obligations or liabilities of the Company or each other, whether arising in tort, contract or
otherwise, solely by reason of being a Member.
(b) Indemnification. The Member's members, directors, officers, managers and the
Company's officers and managers (each of the foregoing Persons referred to as a "Covered
Person") shall be indemnified by the Company to the fullest extent permitted by law against losses,
judgments, liabilities, expenses and amounts incurred or paid, including attorneys' fees, costs,
judgments, amounts paid in settlement, fines, penalties and other liabilities, by the Covered Person
in connection with any claim, action, suit or proceeding in which such Covered Person becomes
involved as a party or otherwise, or with which such Covered Person shall be threatened, in
connection with (i) any act or omission or alleged act or omission performed or omitted to be
performed on behalf of the Company or any direct or indirect subsidiary of the Company in
connection with the business of the Company; or (ii) the fact that such Covered Person is or was
acting in connection with the business of the Company as a partner, member, stockholder,
controlling affiliate, manager, director, Officer, employee or agent of the Company, any Member,
or any of their respective controlling affiliates, or that such Covered Person is or was serving at
the request of the Company as a partner, member, manager, director, officer, employee or agent of
any Person including the Company or any direct or indirect subsidiary of the Company. Expenses
incurred by any Covered Person in connection with the preparation and presentation of a defense
or response to any claim, action, suit or proceeding shall be paid by the Company in advance of
the final disposition of such proceeding, including any appeal therefrom, upon receipt of an
undertaking by or on behalf of the Covered Person to repay such amount if it shall ultimately be
determined that such Covered Person is not entitled to be indemnified by the Company.
4.5 Tax Status; Income and Deductions.
a) As long as the Company has only one member, it is the intention of the Company
and the Member that the Company be treated as a disregarded entity for federal and all relevant state
tax purposes and neither the Company nor the Member shall take any action or make any election
which is inconsistent with such tax treatment. All provisions of this Agreement are to be construed
so as to preserve the Company's tax status as a disregarded entity.
4
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
(b) All items of income, gain, loss, deduction and credit of the Company (including,
without limitation, items not subject to federal or state income tax) shall be treated for federal and
all relevant state income tax purposes as items of income, gain, loss, deduction and credit of the
Member.
4.6 Distributions. Distributions shall be made to the Member at the times and in the
amounts determined by the Member.
4.7 Withdrawal of Capital: Limitation on Distributions. No member of the Company
shall be entitled to withdraw any part of such member's Capital Contributions to, or to receive any
distributions from, the Company except as provided in this Agreement. No member of the
Company shall be entitled to demand or receive (i) interest on its Capital Contributions, or (ii) any
property from the Company other than cash.
ARTICLE V— MEETINGS AND VOTING
Informal Action of the Member. Unless otherwise provided by law, any action required to
be taken at a meeting of the Member or any other action which may be taken at a meeting of the
Member, may be taken without a meeting if a consent in writing, setting forth the action so taken,
shall be signed by the Member with respect to the subject matter thereof.
ARTICLE VI— FISCAL MATTERS
6.1 Fiscal Year. The fiscal year of the Company shall begin on the first day of January
and end on the last day of December each year, unless otherwise determined by resolution of the
Member.
6.2 Deposits. All funds of the Company shall be deposited from time to time to the
credit of the Company in such banks, trust companies or other depositories as the Member may
select.
6.3 Checks, Drafts, Etc. All checks, drafts or other orders for the payment of money,
and all notes or other evidences of indebtedness issued in the name of the Company, shall be signed
by the Member.
6.4 Accountant. An accountant may be selected from time to time by the to perform
such tax and accounting services as may, from time to time, be required. The accountant may be
removed by the Member without assigning any cause.
6.5 Legal Counsel. One or more attorney(s) may be selected from time to time by the
Member to review the legal affairs of the Company and to perform such other services as may be
required and to report to the membership with respect thereto. The attorney(s) may be removed
by the Member without assigning any cause.
ARTICLE VII— MEMBERSHIP CERTIFICATES
The Company will not issue any certificates to evidence ownership of the membership
interests.
5
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ARTICLE VM— BOOKS AND RECORDS
8.1 Books and Records. The books and records of the Company shall be kept at the
principal office of the Company or at such other places, in or outside of the North Carolina, as the
Member determines from time to time.
8.2 Financial Records. All financial records shall be maintained and reported based
on generally acceptable accounting practices.
ARTICLE IX— MISCELLANEOUS
9.1 Notice. Any notice required or permitted to be given, pursuant to the provisions of
law, the Articles of Organization of the Company or this Agreement, shall be effective as of the
date personally delivered, or, if sent by mail, on the date deposited with United States Postal
Service, prepaid and addressed to the intended receiver at his last known address as shown in the
records of the Company.
9.2 Waiver of Notice. Whenever any notice is required to be given pursuant to the
provisions of law, the Articles of Organization of the Company or this Operating Agreement, a
waiver thereof, in writing, signed by the persons entitled to such notice, whether before or after
the time stated therein, shall be deemed equivalent to the giving of such notice.
9.3 Successor and Assigns. The terms and provisions of this Agreement shall be
binding upon, and shall inure to, the benefit of the successors and assigns of the Member.
9.4 Severability. In the event any sentence or section of this Agreement is declared by
a court of competent jurisdiction to be void, such sentence or section shall be deemed severed from
the remainder of the Agreement and the balance of the Agreement shall remain in effect interpreted
to give effect to the provisions hereof in a manner which reflects the intent of the parties.
9.5 Captions. Section titles or captions contained in this Agreement are inserted only
as a matter of convenience and for reference. Such titles and captions in no way define, limit,
extend or describe the scope of this Agreement nor the intent of any provision hereof.
9.6 Gender. Whenever required by the context hereof, the masculine gender shall
include the feminine and neuter genders, and vice -versa; the word "person" shall include a
corporation, partnership, firm or other form of association; and the singular shall include the plural,
and vice -versa.
9.7 Choice of Law. Notwithstanding the place where this Agreement may be executed,
the Member expressly agrees that all the terms and provisions hereof shall be construed under the
laws of the North Carolina and that the Act as now adopted or as may be hereafter amended shall
govern the Company.
ARTICLE X— AMENDMENTS
10.1 Amendments. This Agreement may be altered, amended, restated, or repealed and
a new Operating Agreement may be adopted only by unanimous action of all of the membership,
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
after notice and opportunity for discussion of the proposed alteration, amendment, restatement, or
repeal.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
ADOPTION AND RATIFICATION
The undersigned hereby evidences its adoption and ratification of the foregoing Operating
Agreement of JDSH PORT CITY PRESERVE LLC, a North Carolina limited liability company,
effective as of the date stated above.
COMPANY:
JDSH PORT CITY PRESERVE LLC, a North
Carolina limited liability company
By: DIPASQUALE ORGANIZATION, LLC, a
Pennsylvania limited liability company, its sole
member
Do-sbo-d
by-
By:
Name: Jo T&asquale, Jr.
Title: sole member
3
State of North Carolina
Department of Environmental Quality
DWR . Division of Water Resources
SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16
This form is for ownership changes or name changes of a sewer system permit. Please note that "Permittee" references the
existing permit holder, and that "Applicant" references the entity applying for the ownership/name change.
Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This
form should not be used for permits with NC, NCG, SW or other types of non -sewer permits beginning with WQ.
For more information, visit the Division's Water Quality Permitting s website:
A. Sewer System Permit Ownership/Name Change (FORM: PNOCF 01-16) Application (All Applications):
Submit an original completed and appropriately executed application (PNOCF 01-16).
(,$( The Existing Permittee's Certification 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).
The Applicant's Certification 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).
B. Existing Permit (All Applications):
D( Submit a copy of the most recently issued permit and certification.
C. Property Ownership Documentation (All Applications):
➢ The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities:
❑ Legal documentation of ownership (i.e., GIS, deed, article of incorporation, or contract), or
R Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or
❑ Approved board minutes
D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility):
[� Per 15A NCAC 02T .0115(a)(1), provide one copy of 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 non -discharge system.
E. Operational Agreements (Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be
sold):
➢ Home/Property Owners' Associations
❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA).
❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By-
laws that contain the language required by the Operational Agreement.
➢ Developers of lots to be sold
M Per 15A NCAC 02T .0115(b), submit an original of the properly executed Operational Agreement (FORM: DEW
F. Pa age Submitted in Duplicate
NQAubmit a copy of all required documents in Instructions A-E as required
THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE
TO:
NCDEQ - DWR
Water Quality Permitting Section
PERCS Unit
By U.S. Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1636 SUITE 925
RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: (919) 807-6300
INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1
State of North Carolina
Department of Environmental Quality
Division of Water Resources
DWR SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
INSTRUCTIONS FOR FORM: PNOCF 01-16
Division of Water Resources
I. EXISTING PERMITTEE INFORMATION:
1. Permittee's name: Redeeming Development Group, LLC
2. Signature authority's name: per 15A NCAC 02T .0106(b) Chris Hodges
3. Signature authority's title: Managing Member
4. Permittee's mailing address: 618 Cumberland St.
City: Raleigh State: NC Zip..27610
5. Permittee's contact information: Phone number 919-210-0079 Fax Number (_)
Email Address: _Chris@rdgnc.com
II. APPLICANT INFORMATION:
1. Applicant's name: -JDSH Port City Preserve, LLC
2. Signature authority's name: per 15A NCAC
/0�2T 1.0106(b)
3. Signature authority's title: /7CJT ejl�
4. Applicant's mailing address: 130 Westongate Way
City: Cary hate: NC Zip:27513
5. Applicant's contact information
6. Representative's name:
7. Representative's title:
8. Representative's contact information
III. PERMIT INFORMATION:
Phone number:267-332-6800 Fax Number (_) _-
Email Address: _Ryan@jdsignaturehomes.net
Phone number: (_)
Email Address:
Fax Number (_)
1. Existing permit number: and most recent issuance date: W00043686, issued on 9-7-22
2. Reason for the permit application: Select If other, attach detailed explanation Change of Ownership
3. Has the facility been constructed? ❑ Yes or)o No
4. Has the facility been certified per 15A NCAC 02T .0116? ❑ Yes or)( No
FORM: PNOCF 01-16 Page 1 of 2
IV. CERTIFICATIONS:
Existing
jjPermittge'sCertification per
yl'+
Authority's name & tile
from Application Item 1.2 & 3)
that this application
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit
into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater
from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,
and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit
be violated. I also understand that if all required parts of this application are note completed and that if all required supporting
information and attachments are not included, this application will be returned to me as incomplete.
NOTE - In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false statement,
representation, c�ar'fica 'o in any fi 'on package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $ I Q00�" f� d to $ 00 per violation.
SI ature:4
to Date:
Applicant's Certification per 15A `CAC 02T .0106(b);
that this application
(Signature Authority's name & title from Application Item 11.2&3.)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into
the Applicant's name, 1 will be responsible for compliance with the issued permit and any discharge of wastewater from this non -
discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,
and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated.
I also understand that if all required parts of this application package are not completed and that if all required supporting information
and attachments are not included, this application package will be returned to me as incomplete.
NOTE - In accordance with General Statutes 143-215.6A and 143-215.6R, 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 wet penalties up to $ 1171per viol . n. L
Signature, ! G Date: `� `o —2-
M5", 1 w��
FORM: PNOCF 01-16 Page 2 of 2
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C9F313A
ROY COOPER
Save..?",
ELIZABETH BISER
Serwtory
RICHARD E. ROGERS, JR.
�%rrcc[cP
Charles Coburn Murray III, Manager
Redeeming Development LLC
618 Cumberland Street
Raleigh, NC 27610
t f
NORTH CAROLINA
Environmental Quality
September 7, 2022
Subject: Permit No. WQ0043686
Redeeming Development LLC
Port City Preserve Private Sewer
Wastewater Collection System Extension
New Hanover County
Dear Mr. Murray III.:
In accordance with your application received July 29, 2022 and additional information received September
6, 2022, we are forwarding herewith Permit No. WQ0043686 dated September 7, 2022 to Redeeming
Development LLC (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit:
Special Conditions:
Condition 1.1: This permit shall become voidable unless the agreement between the Redeeming
Development LLC and the CFPUA for the collection and final treatment of wastewater is
in full force and effect. [15A NCAC 02T.0304(h)]
Condition 1.2: The Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and shall be a condition
of this permit. Noncompliance with the terms of the Operational Agreement shall
subject the Permittee to all sanctions provided by North Carolina General Statutes §143-
215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit (also see Standard Condition 7). [15A NCAC 02T.0115]
Standard Conditions:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
e::��DMF MW
Division of Water Resources — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-7215\ Internet: www.deg.nc.Kov
DocuSign Envelope ID: 7110E733-8A9D-479l3-8554-6FB01C91`313A
t onamon 11.4: Kequires inai ine wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee.
Condition 11.7: Upon completion of construction and prior to operation of these permitted facilities, the
completed Engineering Certification form with checklist attached to this permit shall be
submitted with the required supporting documents to the address provided on the form.
Permit modifications are required for any changes resulting in non-compliance with
this permit, regulations, or the Minimum Design Criteria. [15A NCAC 02T.0116]
Condition 11.13: If the Permittee/Applicant holds a system -side collection system operation,
maintenance and management permit (WQCS-prefix) from the Division, then the
following applies: For all newly constructed, modified and rehabilitated pump stations,
all equipment and components shall be sealed within a corrosion -resistant coating or
encasement to the extent practicable and equivalent to the minimum design criteria
unless the permittee can demonstrate it is not practicable or another form of corrosion
resistance is employed. [15A NCAC 02T .0108 (b)]
It shall be responsibility of the Permittee 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.
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 150E 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 Tyler Benson at (910) 796-7215
or via e-mail at Tyler.Benson@ncdenr.gov.
Sincerely,
EDocuSigned by:
0' �AacY 1 0�
7F141E7386F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Attachment: Operational Agreement
Cc: Charles Cazier, Intracoastal Engineering
CFPUA
Upload to Laserfiche
(Laserfiche info via email)
(Laserfiche info via email or mail)
Permit No. WQ0043686 September 7, 2022 Page 2 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C9F313A
s
J
NORTH CAROLINA
EnvftwvnmtW Qualify
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 the
REDEEMING DEVELOPMENT LLC
NEW HANOVER COUNTY
for the construction and operation upon certification of approximately 514 linear feet of 6-inch gravity
sewer to serve 16 three -bedroom townhome residences as part of the Port City Preserve Private Sewer
project, and the discharge of 5,760 gallons per day of collected domestic wastewater into the CFPUA's
existing sewerage system, pursuant to the application received July 29, 2022 and additional information
received September 6, 2022, and in conformity with 15A NCAC 2T; 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 Environmental Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
Permit Number: WQ0043686
Issued Today: September 7, 2022
EDo"Signed by:
-T7FI41E
0'uti73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By Authority of the Director and The Environmental Management Commission
Permit No. WQ0043686 September 7, 2022 Page 3 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C9F313A
SUPPLEMENT TO PERMIT COVER SHEET
REDEEMING DEVELOPMENT LLC is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Southside Wastewater Treatment
Facility in accordance with Permit Number NC0023973.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division of Water Resources' (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.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS
1. This permit shall become voidable unless the agreement between the Redeeming Development LLC
and the CFPUA for the collection and final treatment of wastewater is in full force and effect. [15A
NCAC 02T.0304(h)]
The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the
terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance
with the terms and conditions of this permit (also see Standard Condition 7). [15A NCAC 02T.01151
11. STANDARD CONDITIONS
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. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; 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 materials unless specifically mentioned herein. [15A NCAC 02T.01101
This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
Permit No. WQ0043686 September 7, 2022 Page 4 of 9
DocuSign Envelope ID: 7110E733-8A91D-4796-8554-61`601C91`313A
4. 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 2T .0403. If an individual
permit is not required, the following performance criteria shall be met: [15A NCAC 02T .0108(b)]
a. The sewer system shall be 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.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been 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 -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. 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.
h. A Grease Control Program is in place as follows:
1. For public 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 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.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
5. Noncomoliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Wilmington
Regional Office, telephone number (910) 796-7215, 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:
Permit No. WQ0043686 September 7, 2022 Page 5 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C91F313A
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
b. Any SSO and/or spill over 1,000 gallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300.
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved 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. Part II of Form CS-SSO (or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. 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. [15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form with checklist attached to this permit shall be submitted with the
required supporting documents to the address provided on the form. A complete certification is one
where the form is fully executed and the supporting documents are provided as applicable. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Engineer's Certification shall be considered a violation of the permit and shall subject the
Permittee to appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines & force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or in accepted electronic format and are defined as the design drawings that are marked
up or annotated with after construction information and show required buffers, separation
distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity,
pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge
protection, detention time in the wet well, and force main, ability to flush low points in force
mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or
pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities
and the rotation schedule of the portable power source or pump, include travel timeframes, shall
be provided.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Permit No. WQ0043686 September 7, 2022 Page 6 of 9
DocuSign Envelope ID: 711OE733-8A9D-479B-8554-6FBO1C9F313A
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length changes of 10% or greater by type & size,
increased flow, pump station design capacity design increases of 5% or greater, and increases in the
number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications
or variances to the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its
own merit. Please note that variances to the Minimum Design Criteria should be requested and
approved during the permitting process prior to construction. After -construction requests are
discouraged by the Division and may not be approved, thus requiring replacement or repair prior to
certification & activation. [15A NCAC 02T .0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T .0116]
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; 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,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
Carolina -licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T
.0108(b-c)]
11. 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.
[15A NCAC 02T `0110; 15A NCAC 02T .0108(b)]
12. 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 the Division any other Federal, State, or Local
government agencies which have jurisdiction or obtaining other permits which may be required by
the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)]
13. If the Permittee/Applicant holds a system -side collection system operation, maintenance and
management permit (WQCS-prefix) from the Division, then the following applies: For all newly
constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed
within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the
minimum design criteria unless the permittee can demonstrate it is not practicable or another form
of corrosion resistance is employed. [15A NCAC 02T .0108 (b)]
Permit No. WQ0043686 September 7, 2022 Page 7 of 9
DocuSign Envelope ID: 7110E733-8A9D-479B-8554-6FB01C91`313A
FAST TRACK SEWER ENGINEERING CERTIFICATI EC E IVE D
PERMITTEE: Redeeming Development LLC
PERMIT #: WQ0043686 MAY 2 4 2023
PROJECT: Port City Preserve Private Sewer
ISSUE DATE: September 7, 2022
COUNTY: New Hanover NCDEQ/DWR/NPDES
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until
the Division has received this Certification and all required supporting documentation. Consequently, it should be
submitted in a manner that documents the Division's receipt. Send the required documentation to the Wilmington
Regional Supervisor, Water Quality Section at the address at the bottom.
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Certifications
shall include Phase/Section covered line size & lengths installed, and listing of lots/connections to be served and pump
station design, if applicable. A Final Certification shall be a complete set of record drawings and design calculations
regardless of whether partials have been submitted.
PERMITTEE'S CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable
standards & requirements, the Professional Engineer below has provided applicable design/construction information to
the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein
or portions thereof.
Printed Name, Title Signature Date
ENGINEERS CERTIFICATION
I, as a duly re Istered Professional Engineer in the State of North Carolina, having been
authorized to (LJ periodically, ❑ weekly, full time) observe the construction of the project name and location as
referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the following construction:
approximately 514 linear feet of 6-inch gravity sewer to serve 16 three -bedroom townhome residences as part of the
Port City Preserve Private Sewer project, and the discharge of S.760 gallons per day,
such that the construction was observed to be built in compliance of this permit; 15A NCAC 2T; the Division of Water
Resources' (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.
............................................................
North Carolina Professional Engineer's Seal w/signature & date
❑ Final ❑ Partial (include description)
Certification Comments/Qualifiers (attach if necessary):
NC DWR —Water Quality Regional Operations Section 127 Cardinal Drive Extension Wilmington, NC 28405
DocuSign Envelope ID: 711 0E733-8A9D-479B-8554-6FB01 C9F313A
SEWER ENGINEERING CERTIFICATION CHECKLIST
To be completed by the certifying engineer prior to operation of the permitted sewers, per 15A NCAC 02T.0116.
Certifying Engineer:
Certification Review Date:
Project Name:
WQ00 Project County:
1) Has permittee information changed since the permit was issued (or last modified): change of mailing address,
change of ownership, transfer from developer to HOA/POA, etc. ❑ Yes ❑ No
• If yes, please provide either a change of ownership form or new contact information. Note that transfer of
permits from the developer to the HOA/POA must occur with the first certification.
2) Have the as -built drawings have been signed, sealed, and dated by an N.C. PE? ❑ Yes ❑ No
3) Final Engineering certification? ❑ Yes ❑ No
• If Partial Engineering certification, provide detailed narrative including what is being certified in the current
phase, what was previously certified (if applicable), and what is left to be certified.
4) Adequate information related to sewer lines: ❑ Yes ❑ No ❑ N/A
• Three feet minimum cover has been provided for all sewers unless ferrous pipe was installed.
• Minimum diameters for gravity sewers are 8-inches for public lines and 6-inches for private lines.
• Manholes have been installed: At the end of each line, at all changes in grade, size, or alignment, at all
intersections, and at distances not greater than 425 feet; minimum diameter shall be 4 feet (48-inches).
5) Adequate information related to pump stations: ❑ Yes ❑ No ❑ N/A
• Ensure power reliability option was selected per 15A NCAC 02T.0305(h).
6) Was project construction completed in accordance with all of the following: ❑ Yes ❑ No ❑ N/A
• 15A NCAC 02T, Minimum Design Criteria (MDC) for the permitting of Gravity Sewers (latest version), and MDC
for the Permitting of Pump Stations and Force Mains (latest version)?
If not, a variance approval is required in accordance with 15A NCAC 02T.0105(b), prior to certification and operation.
• Contact the Central Office to discuss the variance to determine a course of action.
• Applicant must submit two copies of the variance request form, plans, specifications, calculations, and any other
pertinent information to the Central Office (one hard copy, one digital copy).
• The central office will review the variance request, and if approvable, specific language regarding the variance
will be incorporated into the permit, either via a special condition or a supplementary letter. A copy of the
reissued permit with variance language or the variance letter must be maintained with the original documents.
7) Does the project contains high priority lines (15A NCAC 02T .0402(2))? ❑ Yes ❑ No
• If yes, ensure that the permit already contains the necessary condition related to high priority lines 15A NCAC
02T.0403 (a)(5). If the permit does not include this language, the Fast Track reviewer will reissue the permit with
the appropriate language.
8) Are Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe
length difference of 10% or greater, change in flow, pump station design capacity design change of 5% or greater, and
change in the number/type of connections)? ❑ Yes ❑ No
• If yes, a permit modification request must be submitted to the appropriate Regional Office, and a modified
permit with revised certification must be issued prior to certification and operation.
DocuSign Envelope ID: 7110E733-8MD-4796-8554-61`1301C9F313A
STATE OF NORTH CAROLINA WQ0043686
COUNTY OF New Hanover Permit No.
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this_- 7th day of
September, 2022 Milleil,2, . by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Redeeming Development, LLC a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as theDEVELOPER.
WITNE,SSETH:
I . The DEVELOPER is the owner of the certain lands lying in____ New Hanover County, upon
which it is erecting and will erect dwelling units and other improvements, said development to beknown
as __ __ Port City Preserve _ _ (hereinater the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, Home Owners Association _ _ _ _ _ (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction andrepair.
b, The COW4ISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions andlaw.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws andDeclaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
DocuSign Envelope ID: 7110E733-8A9D-479l3-8554-6F801 C9F313A
- • --��_ �_� �„u,� NIVVIti{ III UIG "Cuil►ation and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated In conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration .and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the continued
proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apermit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of, this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COI NV �4(.
Z' O- For
Richard E. Rogers, r. 7F141E7386F3456 .
Director, Division of Water Resources
09/07/2022
(Date)
Name ofDEV�ELw PER
B= i
(Signature)
C-tic..."kC C MLe-,-U.. Owre- r
Print Name and Title
n C? LL?(, 6L
(Date)
CONSENT AND AUTHORIZATION FOR PERMITS AND APPROVALS
This CONSENT AND AUTHORIZATION FOR PERMITS AND APPROVALS ("Consent") is made this
day of May, 2023 by REDEEMING DEVELOPMENT, LLC a North Carolina Limited liability company
("RDG").
WHEREAS, RDG and JDSH PORT CITY PRESERVE, LLC, a North Carolina limited liability company
entered into a certain Purchase and Sale Agreement (the "Ageement") dated March 8, 2023 for certain
Property including land located 3400 & 3380 Masonboro Loop Road, Wilmington, North Carolina, known as
Parcel ID# R06700-00 1 -010-000 & R06700-001-011-000, as described in more detail in the Agreement and
attached hereto as Exhibit A. Capitalized terms not defined in this Consent shall be defined as set forth in the
Agreement.
WHEREAS, RDG is the owner of the Property.
WHEREAS, RDG wants to issue this Consent in order to allow permits, certificates, consents, exemptions,
licenses and approvals for the use, development and construction of the Property (collectively, "Permits") to be
transferred to, and obtained by, JDSH or its affiliates, as applicable.
WHEREAS, RDG acknowledges that a copy of this Consent may be kept in the records of governmental bodies
or agencies having jurisdiction over the Property and that such governmental bodies or agencies may inspect the
Property in connection with the Permits.
NOW, RESOLVED, that JDSH and its affiliates shall be entitled to seek and obtain Permits, including, without
limitation, the assignment or transfer of any existing Permits or issuance of new Permits, in the name of JDSH or
its affiliates, as applicable.
This consent is made as of the date first written above by RDG.
REDEEMING DEVELOPMENT GROUP, LLC
y� 4a r 'n 1' ability company
hr--46V
Name
Title: Qt4w4� P",
r1�y �� �
JDSH accepts this consent as of the date first written above
JDSH PORT CITY PRESERVE, LLC
a North Carolina limited liability company
By:
Name:
Title:
[NOTARIZATIONS ON FOLLOWING PAGE]
CONSENT AND AUTHORIZATION FOR PERMITS AND APPROVALS
This CONSENT AND AUTHORIZATION FOR PERMITS AND APPROVALS ("Consent") is made this
day of May, 2023 by REDEEMING DEVELOPMENT, LLC a North Carolina Limited liability company
("RDG").
WHEREAS, RDG and JDSH PORT CITY PRESERVE, LLC, a North Carolina limited liability company
("JDSH") entered into a certain Purchase and Sale Agreement (the "Agreement") dated March 8, 2023 for certain
Property including land located 3400 & 3380 Masonboro Loop Road, Wilmington, North Carolina, known as
Parcel ID# R06700-001-010-000 & R06700-001-011-000, as described in more detail in the Agreement and
attached hereto as Exhibit A. Capitalized terms not defined in this Consent shall be defined as set forth in the
Agreement.
WHEREAS, RDG is the owner of the Property.
WHEREAS, RDG wants to issue this Consent in order to allow permits, certificates, consents, exemptions,
licenses and approvals for the use, development and construction of the Property (collectively, "Permits") to be
transferred to, and obtained by, JDSH or its affiliates, as applicable.
WHEREAS, RDG acknowledges that a copy of this Consent may be kept in the records of governmental bodies
or agencies having jurisdiction over the Property and that such governmental bodies or agencies may inspect the
Property in connection with the Permits.
NOW, RESOLVED, that JDSH and its affiliates shall be entitled to seek and obtain Permits, including, without
limitation, the assignment or transfer of any existing Permits or issuance of new Permits, in the name of JDSH or
its affiliates, as applicable.
This consent is made as of the date first written above by RDG.
REDEEMING DEVELOPMENT GROUP, LLC
a North Carolina limited liability company
By:
Name:
Title:
JDSH accepts this consent as of the date first written above
JDSH PORT CITY PRESERVE, LLC
a North Carol ina. limited liability company
By: " A�W,4r
Name:
Title: xno fig
[NOTARIZATIONS ON FOLLOWING PAGE]
State of North Carolina}
County of Wave, }
I, t:1h4 6 PckrSCE [Name of Officer Taking Acknow_(edgme t], a Mv6 4 P '/%[Official Title
of Officer Taking Acknowledgment], certify thatbe/shfteSi'ste—
of RDGMe ber/Officer] personally
came before me this day and acknowledged that t le] of REDEEMING
DEVLEOPMENT, LLC, a North Carolina limited liability company, an that he/she, as �yle/r(We
of Officer], being authorized to do so, executed the foregoing on behalf of the company.
Witness my hanApAo official seal this D day of May, 203.
��,,II fill,.
(Official�S'a� R08FRs
(IB000 ; V,
COUN�`�
',fill 4ll W"%%,`•
My Commission Expires: ( I — 1 11'
State of North Carolina}
County of
Official Signature of Notary
Notary's Printed or Typed Name
Notary Public
I, [Name of Officer Taking Acknowledgment], a [Official Title
of Officer Taking Acknowledgment], certify that John DiPasquale personally came before me this day and
acknowledged that he/she is the Authorized Signor of JDSH PORT CITY PRESERVE, LLC, a North Carolina
limited liability company, and that he/she, as Authorized Signor, being authorized to do so, executed the
foregoing on behalf of the company.
Witness my hand and official seal this day of May, 203.
(Official Seal)
My Commission Expires:
2
Official Signature of Notary
Notary's Printed or Typed Name
Notary Public
State of North Carolina}
County of
1, [Name of Officer Taking Acknowledgment], a [Official Title
of Officer Taking Acknowledgment], certify that [Name of RDG Member/Officer] personally
came before me this day and acknowledged that he/she is the [Title] of REDEEMING
DEVLEOPMENT, LLC, a North Carolina limited liability company, and that he/she, as [Title
of Officer], being authorized to do so, executed the foregoing on behalf of the company.
Witness my hand and official seal this day of May, 203.
(Official Seal)
Official Signature of Notary
Notary's Printed or Typed Name
Notary Public
My Commission Expires:
State of North C olina J /
Coun of
c / )
1, ✓ `! /�-- [Name of Officer Takin Acknowled entJ — 0 .5c [Official Title
of Officer Taking Acknowledgment], certify that that ersonally came before
me this day and acknowledged that he/she is Authorized AlgeniJ H 1P RT CITY PRESERVE, LLC, a North
Carolina limited liability company, and that he/she, as Authoriz d Signor, being authorized to do so, executed the
foregoing on behalf of the company. j��
Witness my hand and official seal this 4 day of May, 2023.
(Official Seal)
�ANEQ
Q, .•••......,,:9
�•� •�Ss�o �fficial Signature of Notary
SPRY ��'�:doTV
.
_Z.�
�i��y.••�04�2�; �''G��� Notary's Printed or Typed Name
Notary Public
(? . �S ��111111111�
My Commission Expires: p
FOX .I : O
AGREEMENT
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
OPERATING AGREEMENT
JDSH PORT CITY PRESERVE LLC
(a North Carolina Limited Liability Company)
This Operating Agreement (this "Agreement") is entered into effective as of May 5/17/2023
2023, for JDSH PORT CITY PRESERVE LLC, a North Carolina limited liability company (the
"Company'), by DIPASQUALE ORGANIZATION, LLC, a Pennsylvania limited liability
company, the sole member of the Company (the "Member").
BACKGROUND
A. The Member formed the Company as a limited liability company pursuant to the
North Carolina Limited Liability Company Act, (the "Act") by filing Articles of Organization with
the State of North Carolina Secretary of State. The Company shall be governed by the laws of the
North Carolina in accordance with this Agreement. The Company shall be member -managed.
B. The Member is the sole member of the Company.
C. The Member intends for this Agreement to govern the Member's rights and
obligations concerning the Member's ownership interest in the Company, and to set forth the terms
and conditions on which the management, business, and financial affairs of the Company will be
conducted.
ARTICLE I— OFFICES AND TERM
1.1 Principal Office. The principal office of the Company will be c/o DiPasquale
Organization, 41 Byberry Road, Suite 1, Hatboro, PA 19040. The Company may have such other
offices in or outside of the State of North Carolina as the Member may designate or as the business
of the Company may require from time to time.
1.2 Registered Agent and Office. The registered agent and registered office of the
Company required by the Act to be maintained in the State of North Carolina shall be the person
and location reflected in the Articles of Organization. The registered office and the registered
agent may be changed from time to time by action of the Member in filing the prescribed form
with the Secretary of State of North Carolina.
1.3 Term. The Company shall have a term commencing with the date on which its
Articles of Organization were filed in the office of the Secretary of State Business Services
Division and extending until such time as terminated by the Member, unless earlier terminated as
provided in the Act.
1
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
ARTICLE II— NAME AND PURPOSE
2.1 Name. The Company's business shall be conducted under the name "JDSH PORT
CITY PRESERVE LLC". The Member may, in its discretion, change the name of the Company.
In addition, the Member may adopt trade or fictitious names, consistent with law, as he may deem
appropriate.
2.2 Purpose and Character. The purpose and character of the business of the Company
shall be to acquire and manage real property and to do any lawful thing for which a limited liability
company may be formed under the Act.
ARTICLE III— MANAGEMENT
3.1 Management Power of the Member. The Member is hereby granted the exclusive
right, power, and authority to do on behalf of the Company all things which are necessary or
appropriate to manage the Company's affairs and fulfill the purposes of the Company, including
delegating all or part of the Member's management powers to officers, employees, agents or other
representatives of the Company. Any individual, firm, joint venture, corporation, general
partnership, limited partnership, trust or other entity (each, a "Person") dealing with the Company
shall have the right to rely upon the actions of the Member to bind the Company by its actions or
signature. Any action required or permitted to be taken by the Member may be taken without a
meeting if a consent in writing, setting forth the action so taken, is signed by the Member.
3.2 Officers of the Company.
(a) Delegation of Authority. The Member may appoint officers of the
Company who shall have the power and authority to manage and control the business and affairs
of the Company on behalf of and subject to the control of the Member. The Member may appoint
a President, Chief Financial Officer, Treasurer, Secretary, one or more Vice Presidents, one or
more Assistant Secretaries and such other officers and agents as it shall deem appropriate. Any
number of offices may be held by the same person. Officers shall have, in addition to the duties
and powers set forth in this Agreement, such duties and powers as are customarily assigned to his
or her office in a North Carolina corporation. If officers are not appointed by the Member, the
Member shall have the full and exclusive management and control of the business of the Company
and may take any actions that the Member deems appropriate.
(b) Duties of the President. The President shall be the Chief Executive Officer
of the Company, and shall have general supervision, direction and control of the business and
affairs of the Company, subject to the control of the Member and shall have such other functions,
authority and duties as customarily appertain to the office of the chief executive of a business
corporation or as may be prescribed by the Member.
(c) Duties of the Chief Financial Officer. The Chief Financial Officer if one is
appointed shall keep or cause to be kept the books of account of the Company in a thorough and
proper manner and shall render statements of the financial affairs of the Company in such form
and as often as required by the Member. The Chief Financial Officer if one is appointed shall
perform other duties commonly incident to his office and shall also perform such other duties and
have such other powers as the Member shall designate from time to time. The President may direct
2
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
the Treasurer to assume and perform the duties of the Chief Financial Officer in the absence or
disability of the Chief Financial Officer, and the Treasurer shall perform other duties commonly
incident to the office of the Chief Financial Officer and shall also perform such other duties and
have such other powers as the Member shall designate from time to time in such absence.
(d) Duties of the Treasurer. The Treasurer shall be the treasurer of the
Company and shall have the custody of the funds and securities of the Company and shall keep
full and accurate accounts of receipts and disbursements in books belonging to the Company and
shall deposit all moneys and other valuable effects in the name and to the credit of the Company
in such depositories as may be designated by the Member and shall perform such other duties as
may be prescribed by the Member.
(e) Duties of the Secretary. The Secretary if one is appointed shall keep a
record of all proceedings of the Company and shall perform such other duties as may be prescribed
by the Member.
(f) Duties of a Vice President. A Vice President shall act under the direction
of the President and in the absence or disability of the President shall perform the duties and
exercise the powers of the President. A Vice President shall perform such other duties and have
such other powers as the President or the Member may from time to time prescribe.
(g) Other Officers. Any officer who is appointed from time to time by the
Member and whose duties are not specified in this Section 3.2 shall perform such duties and have
such powers as may be prescribed from time to time by the Member.
(h) Removal and Resignation. Any officer or agent of the Company may be
removed by the Member at any time, with or without cause, but such removal shall be without
prejudice to the contract rights, if any, of the person so removed. Any officer of the Company may
resign at any time by giving written notice of his or her resignation to the Member. Any resignation
shall take effect at any time subsequent to the time specified therein or, if the time when it shall
become effective is not specified therein, immediately upon its receipt. The acceptance of a
resignation shall not be necessary to make it effective unless otherwise stated in the resignation.
Such resignation shall be without prejudice to the contract rights, if any, of the Company. This
Section 3.2(h) is subject to any written agreements between the Company and the officer.
(i) Vacancies. A vacancy in any office may be filled by the Member for the
balance of the term.
6) Salaries. The salaries and other compensation of the officers shall be fixed
from time to time by the Member.
ARTICLE IV— MEMBER AND CAPITAL ACCOUNTS
4.1 Member. Member, shall be the sole initial member of the Company and shall own
one hundred percent (100%) of the ownership interests in the Company ("Percentage Interest").
3
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
4.2 Authority of the Member and Affiliates to Deal With Company. Affiliates of the
Member may, and shall have the right to, deal with the Company in the same manner and to the
same extent as any person not a member. Affiliates of the Member may, and shall have the right
to, act as general contractor, supervisory contractor, management agent, or in some other and
similar capacity with respect to properties in which the Company has an interest.
4.3 Capital Contributions. The Member has contributed to the capital of the Company
the amount of $100.00. No Member shall be required to make any additional contribution to the
capital of the Company except as provided in this Agreement. The provisions set forth in Schedule
A shall be an integral part of this Agreement.
4.4 Limitation on Liability of the Member, Indemnification.
(a) Liability of Member. To the fullest extent permitted under the Act, the Member,
whether acting as the Member of the Company, or in any other capacity, shall not be liable for any
debts, obligations or liabilities of the Company or each other, whether arising in tort, contract or
otherwise, solely by reason of being a Member.
(b) Indemnification. The Member's members, directors, officers, managers and the
Company's officers and managers (each of the foregoing Persons referred to as a "Covered
Person") shall be indemnified by the Company to the fullest extent permitted by law against losses,
judgments, liabilities, expenses and amounts incurred or paid, including attorneys' fees, costs,
judgments, amounts paid in settlement, fines, penalties and other liabilities, by the Covered Person
in connection with any claim, action, suit or proceeding in which such Covered Person becomes
involved as a party or otherwise, or with which such Covered Person shall be threatened, in
connection with (i) any act or omission or alleged act or omission performed or omitted to be
performed on behalf of the Company or any direct or indirect subsidiary of the Company in
connection with the business of the Company; or (ii) the fact that such Covered Person is or was
acting in connection with the business of the Company as a partner, member, stockholder,
controlling affiliate, manager, director, Officer, employee or agent of the Company, any Member,
or any of their respective controlling affiliates, or that such Covered Person is or was serving at
the request of the Company as a partner, member, manager, director, officer, employee or agent of
any Person including the Company or any direct or indirect subsidiary of the Company. Expenses
incurred by any Covered Person in connection with the preparation and presentation of a defense
or response to any claim, action, suit or proceeding shall be paid by the Company in advance of
the final disposition of such proceeding, including any appeal therefrom, upon receipt of an
undertaking by or on behalf of the Covered Person to repay such amount if it shall ultimately be
determined that such Covered Person is not entitled to be indemnified by the Company.
4.5 Tax Status, Income and Deductions.
a) As long as the Company has only one member, it is the intention of the Company
and the Member that the Company be treated as a disregarded entity for federal and all relevant state
tax purposes and neither the Company nor the Member shall take any action or make any election
which is inconsistent with such tax treatment. All provisions of this Agreement are to be construed
so as to preserve the Company's tax status as a disregarded entity.
4
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
(b) All items of income, gain, loss, deduction and credit of the Company (including,
without limitation, items not subject to federal or state income tax) shall be treated for federal and
all relevant state income tax purposes as items of income, gain, loss, deduction and credit of the
Member.
4.6 Distributions. Distributions shall be made to the Member at the times and in the
amounts determined by the Member.
4.7 Withdrawal of Capital: Limitation on Distributions. No member of the Company
shall be entitled to withdraw any part of such member's Capital Contributions to, or to receive any
distributions from, the Company except as provided in this Agreement. No member of the
Company shall be entitled to demand or receive (i) interest on its Capital Contributions, or (ii) any
property from the Company other than cash.
ARTICLE V— MEETINGS AND VOTING
Informal Action of the Member. Unless otherwise provided by law, any action required to
be taken at a meeting of the Member or any other action which may be taken at a meeting of the
Member, may be taken without a meeting if a consent in writing, setting forth the action so taken,
shall be signed by the Member with respect to the subject matter thereof.
ARTICLE VI— FISCAL MATTERS
6.1 Fiscal Year. The fiscal year of the Company shall begin on the first day of January
and end on the last day of December each year, unless otherwise determined by resolution of the
Member.
6.2 Deposits. All funds of the Company shall be deposited from time to time to the
credit of the Company in such banks, trust companies or other depositories as the Member may
select.
6.3 Checks, Drafts, Etc. All checks, drafts or other orders for the payment of money,
and all notes or other evidences of indebtedness issued in the name of the Company, shall be signed
by the Member.
6.4 Accountant. An accountant may be selected from time to time by the to perform
such tax and accounting services as may, from time to time, be required. The accountant may be
removed by the Member without assigning any cause.
6.5 Legal Counsel. One or more attorney(s) may be selected from time to time by the
Member to review the legal affairs of the Company and to perform such other services as may be
required and to report to the membership with respect thereto. The attorney(s) may be removed
by the Member without assigning any cause.
ARTICLE VII— MEMBERSHIP CERTIFICATES
The Company will not issue any certificates to evidence ownership of the membership
interests.
5
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
ARTICLE VIII— BOOKS AND RECORDS
8.1 Books and Records. The books and records of the Company shall be kept at the
principal office of the Company or at such other places, in or outside of the North Carolina, as the
Member determines from time to time.
8.2 Financial Records. All financial records shall be maintained and reported based
on generally acceptable accounting practices.
ARTICLE IX— MISCELLANEOUS
9.1 Notice. Any notice required or permitted to be given, pursuant to the provisions of
law, the Articles of Organization of the Company or this Agreement, shall be effective as of the
date personally delivered, or, if sent by mail, on the date deposited with United States Postal
Service, prepaid and addressed to the intended receiver at his last known address as shown in the
records of the Company.
9.2 Waiver of Notice. Whenever any notice is required to be given pursuant to the
provisions of law, the Articles of Organization of the Company or this Operating Agreement, a
waiver thereof, in writing, signed by the persons entitled to such notice, whether before or after
the time stated therein, shall be deemed equivalent to the giving of such notice.
9.3 Successor and Assigns. The terms and provisions of this Agreement shall be
binding upon, and shall inure to, the benefit of the successors and assigns of the Member.
9.4 Severability. In the event any sentence or section of this Agreement is declared by
a court of competent jurisdiction to be void, such sentence or section shall be deemed severed from
the remainder of the Agreement and the balance of the Agreement shall remain in effect interpreted
to give effect to the provisions hereof in a manner which reflects the intent of the parties.
9.5 Captions. Section titles or captions contained in this Agreement are inserted only
as a matter of convenience and for reference. Such titles and captions in no way define, limit,
extend or describe the scope of this Agreement nor the intent of any provision hereof.
9.6 Gender. Whenever required by the context hereof, the masculine gender shall
include the feminine and neuter genders, and vice -versa; the word "person" shall include a
corporation, partnership, firm or other form of association; and the singular shall include the plural,
and vice -versa.
9.7 Choice of Law. Notwithstanding the place where this Agreement may be executed,
the Member expressly agrees that all the terms and provisions hereof shall be construed under the
laws of the North Carolina and that the Act as now adopted or as may be hereafter amended shall
govern the Company.
ARTICLE X— AMENDMENTS
10.1 Amendments. This Agreement may be altered, amended, restated, or repealed and
a new Operating Agreement may be adopted only by unanimous action of all of the membership,
H.
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
after notice and opportunity for discussion of the proposed alteration, amendment, restatement, or
repeal.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: ACA04E7D-5920-4830-97BE-F829717A728A
ADOPTION AND RATIFICATION
The undersigned hereby evidences its adoption and ratification of the foregoing Operating
Agreement of JDSH PORT CITY PRESERVE LLC, a North Carolina limited liability company,
effective as of the date stated above.
COMPANY:
JDSH PORT CITY PRESERVE LLC, a North
Carolina limited liability company
By: DIPASQUALE ORGANIZATION, LLC, a
Pennsylvania limited liability company, its sole
member
By:rt�
3z V tp- t, Jr.
Name: T
M DiPasquale, Jr.
Title: sole member