WQ0029938_Permit (Issuance)_20230515

DocuSign Envelope ID: 449C1 3C2-F4E2-4381 -AF3A-44B780ABE464
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Daniel Freeman, Manager
Alligator Bay Associates, LLC
3675 Mt. Diablo Blvd.
Lafayette, CA 94549
NORTH CAROLINA
Environmental Quality
March 15, 2023
Subject: Permit No. WQ0029938 Modification
Alligator Bay Associates, LLC
Preserve at Tidewater Pumps
Wastewater Collection System Extension Permit
Onslow County
Dear Mr. Freeman:
In accordance with your application received February 20, 2023, and additional information received on
March 15, 2023 we are forwarding herewith Permit No. WQ0029938, dated March 15, 2023, to Alligator
Bay Associates, 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rescinded, shall void Permit No. WQ0029938 issued June 16, 2015, and shall be subject to the conditions
and limitations as specified therein. This cover letter and supplement shall be considered a part of this
permit and are therefore incorporated therein by reference.
This modification adds 22 additional low pressure simplex pump stations to the permit.
Please pay particular attention to the following conditions contained within this permit:
Condition 1.1: No flow in excess of the quantity permitted herein, 0 GPD, shall be made tributary to
the subject sewer system until an application for permit modification for an increase in
flow has been submitted to and approved by the Division. [15A NCAC 02T.0304(b)]
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. [15A NCAC 02T.0115]
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition IIA: Requires that the 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.

DocuSign Envelope ID: 449C1 3C2-F4E2-4381 -AF3A-44B780ABE464
I.... b..,... ....y .............I , ---
Permit No. WQ0029938 Modification
Condition 11.7: Upon completion of construction and prior to operation of these permitted facilities,
the completed Engineering Certification form 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]
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 Charlie Miller, P.E. at (919)
707-3627 or via e-mail at [e-mail].
Sincerely,
E
ADo'c'u,Siwgne'd byy:� `', &'w.'' `
C464531431644FE_.
for Richard E. Rogers, Jr.
Director, Division of Water Resources
by Michael Montebello, Supervisor
NPDES Branch Chief
enclosure: Operational Agreement
cc: Howard Resnik, P.E., CSD Engineering ([e-mail])
Wilmington Regional Office, Water Quality Section Regional Operations
Water Resources Central Files: WQ0029938
Municipal Unit -Collection Systems (electronic copy)
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DocuSign Envelope ID: 449C1 3C2-F4E2-4381 -AF3A-44B780ABE464
NORTH CAROLINA
Environmental Quality
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
Alligator Bay Associates, LLC
for the construction and operation of 22 simplex grinder pump stations with on -site audible and visual
high-water alarms and associated pressure laterals to serve 22 three -bedroom single-family residences
as part of the Preserve at Tidewater Pump Stations project, and the discharge of 0 gallons per day of
collected domestic wastewater into Pluris LLC's existing sewerage system, pursuant to the application
received February 20, 2023, and additional information received on March 15, 2023 and in conformity
with the project plans, specifications, and other supporting data subsequently filed and approved by the
Department of Environmental Quality and considered a part of this permit.
for the continued operation of 309 simplex pump stations with on -site audible and visual alarms to
serve 309 single family residential units (3 bedroom units) as part of the Alligator Bay LPSS project, and
the discharge of 0 gallons per day (gpd) of collected wastewater into Pluris, LLC's existing wastewater
collection system, pursuant to the application received March 31, 2015, and additional information
received on May 7, 2015 and June 10, 2015
This modification adds 22 additional low pressure simplex pump stations to the 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.
E
ADoc'u,Siwgne'd byy:A A',�'^.''wUI (�t�t� h6K& tVh
C464531431644FE_.
for Richard E. Rogers, Jr.
Director, Division of Water Resources
By Authority of The Environmental Management Commission
Permit Number: WQ0029938 Modification
Permit Issued: March 15, 2023
Treatment Facility: Pluris North Topsail WWTF (WQ0005849)
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DocuSign Envelope ID: 449C1 3C2-F4E2-4381 -AF3A-44B780ABE464
011amOVA to0Isfell amR IIt4193ILTAN All: talI
The Permittee is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension.
Permitting of this project does not constitute an acceptance of any part of the project that does not
meet 15A NCAC 2T; the Division's 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. No flow in excess of the quantity permitted herein, 0 GPD, shall be made tributary to the subject
sewer system until an application for permit modification for an increase in flow has been submitted
to and approved by the Division. [15A NCAC 02T.0304(b)]
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. [15A NCAC 02T.0115]
3. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump
station identifying name/number, 24-Hour Emergency telephone number, and name of the
owner/operator of the sewer system/pump station and instructions to call the number in the event
of alarm activation or other emergency. Simplex pump stations or vacuum sewer pits serving a
single-family residence may have a placard or sticker on the control panel in lieu of a sign. [15A
NCAC 02T .0305(h)(2)]
4. The Permittee shall be responsible for all individual pumps, tanks, service laterals and main lines as
permitted. This does not prohibit the Permittee from entering into a service agreement with
another entity for maintenance or operation of these units, however, the Permittee shall be
responsible for correcting any environmental or public health problem with the system. [15A NCAC
02T.0304(c)]
5. The Permittee shall obtain all deeds, easements and encroachment agreements necessary for
installation, operation, and maintenance of the system prior to operation. [15A NCAC 02T.0305(c)]
6. The Permittee shall maintain on hand for immediate installation an adequate supply of spare, fully
operational pump units of each type used in the system. 115A NCAC 02T .0305(h)]
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DocuSign Envelope ID: 449C1 3C2-F4E2-4381 -AF3A-44B780ABE464
II. STANDARD CONDITIONS
1. 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
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]
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 02T.0403. If an individual
permit is not required, the following performance criteria shall be met:
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
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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 910-350-2004, as soon as possible, but in no case more than 24
hours, following the occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility
incapable of adequate wastewater transport, such as mechanical or electrical failures of
pumps, line blockage or breakage, etc.; or
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 [phone] 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 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.
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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 on digital media (CD or DVD disk) 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. 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.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting
in non-compliance with this permit (including but not limited to pipe length changes of 10% or
greater, 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 .0108(b-c)]
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DocuSign Envelope ID: 449C1 3C2-F4E2-4381 -AF3A-44B780ABE464
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. The Permittee shall provide for the pump station and force main the following items:
a. Pump Station Reliability [15A NCAC 02T .0305(h)(1)]:
1. Pump stations, except when exempted by Subparagraph (j)(2) of 15A NCAC 02T.0305,
shall be designed with multiple pumps such that peak flow can be pumped with the
largest pump out of service.
2. A standby power source or pump is required at all pump stations except for those pump
stations subject to Subparagraph (j)(2) of 15A NCAC 02T.0305. Controls shall be
provided to automatically activate the standby source and signal an alarm condition.
3. As an alternative to Part (c) for pump stations with an average daily design flow less
than 15,000 gallons per day as calculated using 15A NCAC 02T.0114, a portable power
source or pumping capability may be utilized. It shall be demonstrated to the Division
that the portable source is owned or contracted by the permittee and is compatible
with the station. If the portable power source or pump is dedicated to multiple pump
stations, an evaluation of all the pump stations' storage capacities and the rotation
schedule of the portable power source or pump, including travel timeframes, shall be
provided in the case of a multiple station power outage.
4. As an alternative to Part (ii) for pump or vacuum stations connecting a single building to
an alternative sewer system, wet well storage requirements shall be documented to
provide 24-hours' worth of wastewater storage or, exceed the greatest power outage
over the last three years or the documented response time to replace a failed pump,
whichever is greater. Documentation shall be required pursuant to the permit
application.
b. All pump stations designed for two pumps or more shall have a telemetry system to provide
remote notification of a problem condition to include power failure and high water alarm. [15A
NCAC 02T .0305(h)(1)(E)]
c. High water audio and visual alarm. [15A NCAC 02T .0305(h)(1)(F)]
d. Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-
hour emergency number and instructions to call in case of emergency. Simplex pump or vacuum
stations serving a single-family residence shall have a placard or sticker placed inside the control
panel with a 24-hour emergency contact number. [15A NCAC 02T .0305(h)(2)]
e. Screened vents for all wet wells. [15A NCAC 02T .0305(h)(3)]
f. The public shall be restricted access to the site and equipment. [15A NCAC 02T .0305(h)(4)]
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g. Air relief valves shall be provided at all high points along force mains where the vertical distance
exceeds ten feet. [15A NCAC 02T .0305(h)(5)]
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DocuSign Envelope ID: 449C1 3C2-F4E2-4381 -AF3A-44B780ABE464
ENGINEERING CERTIFICATION
Permittee: Alligator Bay Associates, LLC Issue Date: March 15, 2023
Permit No: WQ0029938 County: Onslow
Project: Preserve at Tidewater Pumps
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, which includes:
• 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 on
digital media (CD or DVD disk) 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.
Permit modifications are required for any changes resulting in non-compliance with this permit. A detailed
description for partial certifications should be attached to this form along with any certification comments.
Certification should be submitted in a manner that documents the Division's receipt. The Permittee is responsible
for tracking all partial certifications up until a final certification is received.
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
ENGINEERS CERTIFICATION
Date
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) 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: 22 simplex grinder pump stations with on -
site audible and visual high-water alarms and associated pressure laterals to serve 22 three -bedroom
single-family residences, and in conformity with the project plans, specifications, supporting documents, and
design criteria subsequently filed and approved. I certify that the construction of the above referenced project
was observed to be built within substantial compliance and intent of the approved plans and specifications.
North Carolina Professional Engineer's Seal w/signature & date:
❑ Final ❑ Partial (include description)
Send the Completed Form & Supporting Documentation to the Following Address:
DWR WATER QUALITY PERMITTING SECTION
WASTEWATER BRANCH — MUNICIPAL PERMITTING UNIT
1617 Mail Service Center
Raleigh, INC 27699

DocuSign Envelope ID: 449C13C2-F4E2-4381-AF3A-44B780ABE464
STATE OF NORTH CAROLINA
COUNTY OF
i
Permit No. _
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this
day
of
�_ , by and between the North Carolina Environmental Management
Commissi n, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Alligator Bay Associates, LLC
, a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Ons low County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Alligator Bay (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to
serve the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the ,(Unit Owners' Association) P6�44� (hereinafter
Association), a non-profit corporation organize and existi1fg under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
DEVELOPER's successor.
FORM: DEV 08-13 Page l of 2

DocuSign Envelope ID: 449C13C2-F4E2-4381-AF3A-44B780ABE464
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element, which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available
to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall
provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said system and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MA CEMENT COM ISSION
MM
14�1 —"L t-,�
Thomas A. Reeder, Director
Division of Water Resources
(Date)
Alligator Bay Associates, LLC
Name of DEVELO ER
BY:
(Signature)
Daniel Freeman, Manager
Print Name and Title
(Date
FORM: DEV 08-13 Page 2 of 2