WQ0039012_Owner Name Change_20170907

® CSD
ENGINEERING
July 9, 2017
RECEIVED/DENR/DWR
Debora Gore JUL 12098
North Carolina Department of Environmental Quality Water Resources
Division of Water Resources Permitting Section
Water Quality Permitting Section
PERCS Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: TIME
Sewer System Permit Transfer(WQ 0039012)
New Hanover County
CSD Project No. 16-0370
Dear Debora:
We are submitting the enclosed permit transfer application for TIME, a 10-unit townhome development located in
Wilmington, NC. The property changed ownership during construction, and the developer desires to have the permit
transferred so that the system can be certified and become operational. The information was submitted to you digitally
via email on July 9, 2018. Enclosed for your review and approval are the following items for the referenced project:
- One (1)Signed original and one (1) copy of the NCDEQ"Sewer System Permit Ownership/Name Change Form
PNOCF 01-16"
- One (1)Signed original and one (1) copy of the Developers Operational Agreement Form DEV 11-17
- One (1) copy of the property deed
- One (1) copy of the Secretary of State filing for Enright, LLC
- One (1) copy of the Secretary of State filing for Upper 90 of Wilmington, LLC
- One (1) copy of the existing permit,WQ 00390312
If you have any questions or comments, please feel free to us. Thank you for your assistance.
Sincerely,
X.A•, ,,/5.77,26.7
Mike Broyhill
Cc: Upper 90 of Wilmington, LLC
-- ----- ------ ------ -- — --- -------------- --------- - --- - - ------- ----- --- ----
3805 Cherry Avenue-Wilmington, NC 28403-910 7914441-www.csd-engineering.com—License#C-27100 1�D
ENGINEERING

I z, '
State of North Carolina
DWR Department of Environmental Quality
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):
El Submit an original completed and appropriately executed application(PNOCF 01-16).
El 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).
El 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):
® Submit a copy of the most recently issued permit and certification.
C. Property Ownership Documentation(All Applications):
D 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
El 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):
El Per l5A 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
® Per 15A NCAC 02T.0115(b),submit an original of the properly executed Operational Agreement(FORM: DEV).
F. Package Submitted in Duplicate
El 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: [phone]
INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1

.1 '
State of North Carolina
.a ._ Department of Environmental Quality
Division of Water Resources
SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
INSTRUCTIONS FOR FORM:PNOCF 01-16
''Division of Water Resources
I. EXISTING PERMITTEE INFORMATION:
1. Permittee's name:Enright,LLC
2. Signature authority's name: Aaron Enright per 15A NCAC 02T.0106(b)
3. Signature authority's title:Manager
4. Permittee's mailing address: 1600 Ebb Drive
City:Wilmington State:NC Zip: 28409-
5. Permittee's contact information: Phone number: [phone] Fax Number( )
Email Address: [e-mail]
II. APPLICANT INFORMATION
1. Applicant's name:Upper 90 of Wilmington,LLC
2.Signature authority's name:William Gilligan per 15A NCAC 02T.0106(b)
3.Signature authority's title:Managing Member
4.Applicant's mailing address 1600 Ebb Drive
City:Wilmington State:NC Zip: 28409-
5. Applicant's contact information: Phone number: [phone] Fax Number( )
Email Address: [e-mail]
6. Representative's name:
7. Representative's title:
8. Representative's contact information Phone number: ( )= Fax Number( )
Email Address:
III. PERMIT INFORMATION:
1. Existing permit number:W00039012 and mosi recent issuance date:February 27,2017
2. Reason for the permit application: Change of Ownership If other, attach detailed explanation
3. Has the facility been constructed? ®Yes or❑No
4. Has the facility been certified per 15A NCAC 02T.0116? ❑Yes or /1 No
FORM: PNOCF 01-16 Page 1 of 2

IV. CERTIFICATIONS:
Existing Permittee's Certification per I5A NCAC 02T.0106(b):
I,Aaron Enright,Manager attest that this application
(Signature Authority's name&title from Application Item I.2&3)
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 143-2]5.6B, any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed$10,000 as ell as civil penaltie 0 to 000 per violation.
Signature: f�
Date 9 5;. ( 2c.)/g `--�
Applicant's Certification per 15A NCAC 02T.0106(h):
I,William Gilligan,Managing Member attest that this application
(Signature Authority's name&title from Application Item II.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, 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 .ccordance with Ge"1 Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement,
representatio , or certification inlan application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed$10,1110 a well as civil penal 'es up to$25,000 per violation.
Signature: J <11. V Date. t . v V 2417"
FORM:PNOCF 01-16 Page 2 of 2

State of North Carolina
r Department of Environmental Quality
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(h). 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(h).
B. Existing Permit(All Applications):
El 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.,GTS,deed,article of incorporation,or contract), or
El Written notarized intent to purchase agreement signed by both parties with a plat or survey map,or
El 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 Utihlles 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 I 5A NCAC 02T 0115(c),submit an original properly executed Operational Agreement(FORM HOA).
El Per 15A NCAC 02T .0115(e), 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
El Per 15A NCAC 02T 0115(b),submit an original of the properly executed Operational Ai reemcnt(FORM. DEV).
F. Package Submitted in Duplicate
® 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: [phone]
INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1

State of North Carolina
Department of Environmental Quality
fri! � � Division of Water Resources
• =4 _�' SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
Division of Water Resources INSTRUCTIONS FOR FORM:PNOCF 01-16
I. EXISTING PERMITTEE INFORMATION:
1. Permittee's name:Enright,LLC
2. Signature authority's name: Aaron Enright per 15A NCAC 02T.0106(b)
3. Signature authority's title:Manager
4. Permittee's mailing address: 1600 Ebb Drive
City:Wilmington State:NC Zip: 28409-
5. Permittee's contact information: Phone number: [phone] Fax Number( )
Email Address: [e-mail] -
II. APPLICANT INFORMATION:
1. Applicant's name:Upper 90 of Wilmington,LLC
2.Signature authority's name:William Gilligan per 15A NCAC 021.0106(b)
3.Signature authority's title:Managing Member
4.Applicant's mailing address: 1600 Ebb Drive
City:Wilmington State:NC Zip: 28409-
5. Applicant's contact information: Phone number: [phone] Fax Number(_)
Email Address• u9Oilm@gmail com
6. Representative's name:
7. Representative's title.
8. Representative's contact information Phone number: ( ) - Fax Number( ) -
Email Address:
III. PERMIT INFORMATION:
1. Existing permit number:W00039012 and most recent issuance date:February 27,2017
2. Reason for the permit application:Change of Ownership If other, attach detailed explanation
3. Has the facility been constructed? ®Yes or❑No
4. Has the facility been certified per 15A NCAC 02T 0116? [' Yes or®No
FORM.PNOCF 01-16 Paget of 2

.1 ' a
IV. CERTIFICATIONS:
Existing Permittee's Certification per 15A NCAC 02T.0106(b):
I,Aaron Enright,Manager attest that this application
(Signature Authority's name&title from Application Item I.2&3)
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 143-215.6B, any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed$10,000 as ell as civil penaltie i• to '• 000 per violation.
Signature: ..c02-t /__C Date.
9 amu / 2u/ S(
Applicant's Certification per 15A NCAC 02T.0106(h):
I,William Gilligan,Managing Member attest that this application
(Signature Authority's name&title from Application Item II.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, 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 ccordance with Geper41 Statutes 143-215 6A and 143-215.6B, any person who knowingly makes any false statement,
representatio , or certification it an application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed$10, 0 a well as civil penalties up to$25,000 per violation.
Signature: J lll,v_ S v Date: q` J v 1, 2.617
k........
FORM:PNOCF 01-16 Page 2 of 2

STATE OF NORTH CAROLINA
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 day of
, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Upper 90 of Wilmington, 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 New Hanover County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as TIME (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct,maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration,the (Unit Owners' Association) TIME Townhomes (hereinafter
Association),a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re-constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re-construction andrepair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws andDeclaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
FORM: DEV 11-17 Page 1 of 2

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair,maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the 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 Upper 90 of Wi .g ington, LLC
MANAGEMENT COMMISSION N of DEVEL•;
BY: �:1Ayt—
Linda Culpepper (Signature)
Interim Director, Division of Water Resources
William Gilligan, Managing Member
Print Name and Title
(Date) (Date)
FORM: DEV 11-17 Page 2 of 2

h R
STATE OF NORTH CAROLINA
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 day of
, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Upper 90 of Wilmington, 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 New Hanover County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as TIME (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration,the (Unit Owners' Association) TIME Townhomes (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 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:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws andDeclaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
F(1RM• TlP' T 1 1_17 Dra(TA. 1 `.F7

_ J
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 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 Upper 90 of Wi -q ington, LLC
MANAGEMENT COMMISSION Nam..2 ofDEVELIPE'
By: . J�.1.e., 9
Linda Culpepper (Signature)
Interim Director, Division of Water Resources
William Gilligan, Managing Member
Print Name and Title
OG[ ��,�.. a (C(
(Date) (Date)
FCIRM• 1DFV 1 1_17 Aarra .,f�

0) DV ZOOK OUWU rage 114G
BK: RB 6090 fill
PG1142-1145 1111111111111101111111111
:
RECORDED 2017030919 NO FEE$26 oo
09-22-2017 NEW HANOVER COUNTY,NC STATE OF NC
0307:16 PM TAMMY THEUSCH BEASLEY REAL ESTATE
BY CAROL HUGHLEY REGISTER OF DEEDS EXTX$423.00
DEPUTY
Excise Tax $ ,1,-1
17Tax Parcel No.#R04809- 6104-000
Prepared By: 4James A. MacDonald, Attorney
gettittel. 1508 Military Cutoff Rd., Suite 102
Wilmington,NC 28403
Grantor Enright,LLC Grantee; Upper 90 of Wilmington,LLC
500 Sericea Court 500 Sericea Court
Wilmington,NC. 28412 Wilmington, NC 28412
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
THIS DEED, made this-2.4.11 day of September, 2017, by and between ENRIGHT,
LLC, a North Carolina Limited Liability Company, Grantor and UPPER 90 OF
WILMNGTON,LLC,a North Carolina Limited Liability Company,Grantee.
The designation Grantor and Grantee as used herein shall include said parties, their successors, and assigns, and
shall include singular,plural,masculine,feminine or neuter as required by context.
WITNESSETH:
THAT said Grantor,for a valuable consideration paid by the Grantee, the receipt of which
is hereby acknowledged, has granted,bargained, sold and conveyed and by these presents does
hereby grant,bargain, sell and convey unto the said Grantee,its successors and assigns, in fee
simple, all that certain lot or parcel of land situated in New Hanover County,North Carolina, and
more particularly described as follows:
See attached Exhibit A, reference to which is hereby made for a more
particular description.
Together with all and singular the tenements, hereditaments and appurtenances thereunto
belonging, or in anywise appertaining.

tsooK ou u rage 1143
;1
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee
simple and has the right to convey the same in fee simple, that title is marketable and free and
clear of all encumbrances, except as follows: 2017 ad valorem taxes,usual rights of way for
utility services, restrictive covenants of record, if any, and applicable zoning regulations and
ordinances,if any and that Grantor will WARRANT and DEFEND the title against the lawful
claims of all persons whomsoever except for exceptions herein stated.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its
name by its Manager this the day and year first above written.
ENRIGHT,LLC
By
Aaron Enrig ''esi d ent
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I,Janet R. Meyland,Notary Public of aforesaid State and County, hereby certify that the
following person appeared before me this day and acknowledged the due execution of the
foregoing instrument in his official capacity:
Aaron Enright,President and member of Enright,LLC
Witness my hand and notarial seal this .22 lay of September, 2017.
00,111►►►►,, anet R. Meyland, Notary Public
MFy''�, My commission expires: 5/14/2020
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Exhibit A
Legal Description
Tract#1
Lying and being in the City of Wilmington said point of beginning being the
intersection of the Northern line of Harnett Street with the Eastern Line of
Third Street and running thence eastwardly along said Northern line of Harnett
Street Sixty-Six(66)feet; thence Northwardly parallel with Third Street One
Hundred and Twenty-Two(122)feet;thence Westwardly parallel with Harnett
Street Sixty-Six(66)feet to the Eastern line of Third Street;thence Southwardly
along the Eastern line of Third Street One Hundred Twenty-Two(122)Feet to
the point of beginning and being a part of Lot 4&5 of Block 305 according to
the official plan of the City of Wilmington.
And Being same property conveyed or intended to be conveyed by instrument
recorded in Book 31 at Page 99 in the Office of the Register of Deeds of New
Hanover County.
Tract#2
Lying and;being in the City of Wilmington said point of beginning being at a
point One Hundred Twenty-Two(122)feet Northwardly from the intersection
of the Northern line of Harnett Street with the Eastern line of Third Street,
running thence from said beginning point with the Eastern line of Third Street
Northwardly Ninety (90) feet to a corner where the street turns in a
Northeasterly direction;thence Eastwardly parallel with Harnett Street Sixty-
Six Feet(66); thence Southwardly parallel with Third Street Ninety(90) feet;
thence Westwardly and parallel with Harnett Street Sixty-Six(66)feet to the
point of beginning and being a part of Lot 2,3,&4 of Block 305,according to
the official plan of the City of Wilmington.
And Being;same property conveyed or intended to be conveyed by instrument
recorded in Book NNN at Page 812 in the Office of the Register of Deeds of New
Hanover County.

tsoox oumu rage 1143
"�'' ' 1 A'1VIMY THEUSCH G°stir}.y
BEASLEY New Hanover County °'L ,�' °�I
y
Register of Deeds z9 • o
Register of Deeds ,
320 CHESTNUT ST SUITE 102 • WILMINGTON,NORTH CAROLINA 28401 1 40
Telephone [phone] • Fax [phone] '`��„S„�o�'`�
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************************************************************************************************************
State of North Carolina, County of NEW HANOVER
Filed For Registration: 09/22/2017 03 : 07 :16 PM
Book: RB 6090 Page: 1142-1145
4 PGS $449. 00
Real Property $26.00
Excise Tax $423.00
Recorder: CAROL HUGHLEY
Document No: 2017030919
************************************************************************************************************
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.

1:21) LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: ENRIGHT, LLC
SECRETARY OF STATE ID NUMBER: 1082349 STATE OF FORMATION: NC Filing Office UseOnly
E-Filed Annual Report
1082349
REPORT FOR THE YEAR: 2017 CA201710100952
4/11/2017 10 03
SECTION A: REGISTERED AGENT'S INFORMATION n Changes
1. NAME OF REGISTERED AGENT: Enright,Aaron
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS&COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
500 Sericea Court 500 Sericea Court
Wilmington, NC 28412-7528 New Hanover County Wilmington, NC 28412-7528
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: real estate investment company
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
500 Sericea Court 500 Sericea Court
Wilmington, NC 28412-7528 Wilmington, NC 28412-7528
SECTION C: COMPANY OFFICIALS(Enter additional Company Officials in Section E.)
NAME: Aaron Enright NAME: Joe Pianka NAME: Michael Sblendorio
TITLE: President TITLE: Managing Member TITLE: Managing Member
ADDRESS: ADDRESS: ADDRESS:
500 Serecia Court 144 Bayview Ave 813 Wine Cellar Cir
Wilmington, NC 28412 Portsmouth, RI 02871 Wilminton, NC 28411
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Aaron Enright 4/11/2017
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of this form
Aaron Enright President
Print or Type Name of Company Official Print or Type The Title of the Company Official
MAIL TO.Secretary of State, Corporations Division, Post Office Box 29525, Raleigh,NC 27626-0525

SECTION E•ADDITIONAL COMPANY OFFICIALS
NAME: William Gilligan NAME: NAME:
TITLE: Managing Member TITLE: TITLE.
ADDRESS: ADDRESS: ADDRESS:
918 Carolina Beach Avenue North, Unit
Carolina Beach, NC 28428
NAME: NAME: NAME:
TITLE. TITLE TITLE:
ADDRESS: ADDRESS- ADDRESS
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS• ADDRESS:
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS- ADDRESS:
NAME. NAME. Name:
TITLE: TITLE. TITLE:
ADDRESS: ADDRESS: ADDRESS.
NAME• NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:

(1111V,-,1,,, .t LIMITED LIABILITY COMPANY ANNUAL REPORT
10/2017
NAME OF LIMITED LIABILITY COMPANY: Upper 90 of Wilmington, LLC
Filing Office Use Only
SECRETARY OF STATE ID NUMBER: 1334602 STATE OF FORMATION: NC E-Filed Annual Report
1334602
REPORT FOR THE CALENDAR YEAR: C14/20 1 12:17 3
2018 5/14/2018 12:17
SECTION A: REGISTERED AGENTS INFORMATION (Changes
1. NAME OF REGISTERED AGENT: Enright, Aaron
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS
1600 Ebb Drive 1600 Ebb Drive
Wilmington, NC 28409 New Hanover County Wilmington, NC 28409
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real estate .investment company
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS
1600 Ebb Drive 1600 Ebb Drive
Wilmington, NC 28409 New Hanover County Wilmington, NC 28409
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran-owned small business
The company is a service-disabled veteran-owned small business
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E)
NAME: William Gilligan Gilligan NAME: Joe Pianka' NAME: Michael Sblendorio
TITLE: Managing Member TITLE: Managing Member TITLE: Managing Member
ADDRESS: ADDRESS: ADDRESS:
918 Carolina Beach Avenue North,Unit 3E 144 Bayview Ave 813 Wine Cellar Cir
Carolina Beach, NC 28428 Portsmouth, RI 02871 Wilmington, NC 28411
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Aaron Enright 5/14/2018
SIGNATURE DATE
Form must be signed by a Company Official listed under Section Cof This form
Aaron Enright Managing Member
Print or Type Name of Company Official Pnnt or Type Title of Company Official
MAIL TO.Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525

•
SECTION E: ADDITIONAL COMPANY OFFICIALS
NAME. Aaron Enright NAME: NAME.
TITLE: Managing Member TITLE TITLE:
ADDRESS: ADDRESS: ADDRESS:
1600 Ebb Drive
Wilmington, NC 28409
NAME: NAME: NAME:
TITLE: TITLE TITLE:
ADDRESS: ADDRESS: ADDRESS:
NAME: NAME: NAME:
TITLE: TITLE. TITLE:
ADDRESS. ADDRESS: ADDRESS:
NAME: NAME: NAME
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
NAME: NAME Name:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:

f
; •Yi i C FL. S.El, R t..i,i A N
Vis•° .. ..
S, JAY Z-VvIMERM.AN
February 27, 2017
Aaron Enright, Manager
Enright, LLC
500 Sericea Court
Wilmington, NC 28412
Subject: Permit No. WQ0039012
Enright, LLC
Time Townhomes Private Sewer
Wastewater Collection System Extension
New Hanover County
Dear Mr. Enright:
In accordance with your application received January 27, 2017 we are forwarding herewith Permit No.
WQ0039012 dated February 27, 2017 to the Enright, 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 Enright, 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. This system cannot be certified and no wastewater flow shall be made tributary to the
subject sanitary sewer system until the downstream public sewer (WQ0039009) is
constructed, operational, and the engineer's certification has been received by the
Division. [15A NCAC 02T.0116]
Condition 1.3: 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]
Compares' <,1
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
Phone [phone]\Internet:www.deq.nc.gov
An Equal Opportunity\Affirmative Action Employer—Maden part by recycled paper

Since the permit is issued to a private entity with an Operational Agreement, there 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. [15A NCAC 02T.0116]
Standard Conditions:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition 11.4: 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.
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 1508 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 Dean Hunkele at(910) 796-7215
or via e-mail at [e-mail].
Since
JJm= ''"'Gr- on, Regional Supervisor
734r,('• Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Attachment: Operational Agreement
Cc: Howard Resnik,Coastal Site Design
Matthew Tribett, CFPUA
WIRO, Water Quality Section—Wilmington Northside WWTP (NC0023965)Sewer Ext. File
Central Files, Water Quality Section
PERCS Unit (via email)
Permit No. WQ0039012 Page 2 of 8

i'.
STATE OF NORTH CAROLINA
COUNTY OF :zw y Permit No. LA3,.` _k`,: y`
DEVELOPER'S OPERATIONAL AGREEMENT
w This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this `, ) day of
�-��.1 'DC cl , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
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 New Hanover County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as TIME (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration),pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit 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 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:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws 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 1 of 2

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the 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.
010. 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�I `VIRONMENTAL Enright, LLC
MA GEMI T,OMMISSION Name DEV = • 'Y „
kR By:
S. Jay Zi rix i` .
AG. (Signature)
•
t,S~ Director, rsion of Water Resources Aaron Enright
Print Name and Title
I IAA I
(Date) (Date)
FORM: DEV 08-13 Page 2 of 2

fig+
tAz
• 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
ENRIGHT, LLC
NEW HANOVER COUNTY
for the construction and operation upon certification of approximately 208 linear feet of 8-inch gravity
sewer to serve 10 two-bedroom residences as part of the Time Townhomes Private Sewer project, and
the discharge of 2,400 gallons per day of collected domestic wastewater into the CFPUA's existing
sewerage system, pursuant to the application received January 27, 2017 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: WQ0039012
Issued Tod a " February 27, 2017
} i L `rr
1� P /
< James H-:'Greggon, Regional Supervisor
);:\C 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 WQ0039012 Page 3 of 8

SUPPLEMENT TO PERMIT COVER SHEET '
ENRIGHT, 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 Wilmington Northside Wastewater
Treatment Facility in accordance with Permit Number NC0023965.
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 Enright, LLC and the CFPUA for
the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)]
2. This system cannot be certified and no wastewater flow shall be made tributary to the subject sanitary
sewer system until the downstream public sewer (WQ0039009) is constructed, operational, and the
engineer's certification has been received by the Division. [15A NCAC 02T.0116]
3. 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]
r
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 021.0110]
Permit No. WQ0039012 Page 4 of 8

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 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
i 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.
Permit No.WQ0039012 Page 5 of 8

5 Noncompliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Wilmington
Regional Office,telephone number [phone], as soon as possible, but in no case more than 24
hours or on the next working day, following the occurrence or first knowledge of the occurrence of
either of the following-
a. Any process unit failure,due to known or unknown reasons,that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc., or
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 [phone].
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 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 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. One copy of the supporting pump station design calculations (selected pumps, system curve,
operating point, buoyancy calculations, and available storage if portable generator(s) or storage
greater than longest past three year outage reliability option selected) for any pump stations
permitted as part of this project.
Permit No.WQ0039012Page 6 of 8

s
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.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length increases 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 .0104, 15A NCAC 02T
.0108(b-c)]
i
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)]
Permit No. WQ0039012 Page 7 of 8

FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE: Enright, LLC •
PERMIT#: WQ0039009
PROJECT: Time Townhomes Private Sewer
ISSUE DATE: February 27, 2017
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.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. 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
ENGINEER'S CERTIFICATION
I, , as a duly registered Professional En sneer in the State of North Carolina,
having been authorized to observe (I I periodically, n 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 construction such that the
construction was observed to be built within substantial 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
C Final n Partial
•
Certification Comments/Qualifiers: ,
NC DWR—Water Quality Regional Operations Section 127 Cardinal Drive Extension Wilmington,NC 28405
Wilmington Regional Office Phone: [phone] FAX:[phone]