WQ0040227_Application_20180820

1318-e6 central ave. P 704.334.3303
charlotte, nc 28205 F 704.334.3305
urbandes ig npartners.com
Re: Rivercross Ph 1A
UDP Project #: 18-001
To whom it may concern,
The attached Fast Track application is being submitted for a proposed residential development,
referred to as Rivercross Phase 1A. The site is located near the intersection of Triangle Circle
and NC 16 Business Highway in Catawba Springs, Lincoln County, North Carolina. The
proposed private gravity sewer lines related to this application will serve 45 townhomes. The
flow allocation for this development is 240 GPD per unit, for a total of 10,800 GPD.
The following items are included within the submittal package:
• Application fee amount ($480.00)
• Completed FTA 04-16 application
• Documentation of registration with the NC Sect. of State
• FTSE 04-16 Flow Tracking/Acceptance Form
• 7.5 USGS Quad Map
• Street Level Map
• Developers Operational Agreement (DEV 11-17)
Please feel free to contact me via email ([e-mail]) or by phone at (704)
334-3303x102 with questions pertaining to Reafield.
Thank you,
Brian D. Smith, P.E.
Partner
Urban Design Partners
nnni ani nine r -carni r. i enm of ANNiNn
Date: June 11, 2018
To: NCDEQ
R B A N
Attn: Fast Track Sewer Permitting
g
D ESIGN
PARTNERS
610 East Center Ave, Suite 301
Mooresville, NC 28115
Re: Rivercross Ph 1A
UDP Project #: 18-001
To whom it may concern,
The attached Fast Track application is being submitted for a proposed residential development,
referred to as Rivercross Phase 1A. The site is located near the intersection of Triangle Circle
and NC 16 Business Highway in Catawba Springs, Lincoln County, North Carolina. The
proposed private gravity sewer lines related to this application will serve 45 townhomes. The
flow allocation for this development is 240 GPD per unit, for a total of 10,800 GPD.
The following items are included within the submittal package:
• Application fee amount ($480.00)
• Completed FTA 04-16 application
• Documentation of registration with the NC Sect. of State
• FTSE 04-16 Flow Tracking/Acceptance Form
• 7.5 USGS Quad Map
• Street Level Map
• Developers Operational Agreement (DEV 11-17)
Please feel free to contact me via email ([e-mail]) or by phone at (704)
334-3303x102 with questions pertaining to Reafield.
Thank you,
Brian D. Smith, P.E.
Partner
Urban Design Partners
nnni ani nine r -carni r. i enm of ANNiNn

DWR,,,'.
Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T.0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
FTA 04-16 & SUPPORTJNG DOCUMENTATION
Application Number:vo�.7(tobecompletedbyDWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
1. Applicant's name: AMH Development, LLC (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership
❑ Federal ❑ State/County ❑ Municipal
3. Signature authority's name: Hamilton Stolpen per 15A NCAC 02T .0106(b)
Title: Land Manaeer
4. Applicant's mailing address: 16905 Nortltcross Drive, Suite 200
City: Huntersville State: NC Zip: 28078-
5. Applicant's contact information:
Phone number: [phone] Email Address: [e-mail]
11. PROJECT INFORMATION:
AUG 14 2018
MOORESVILWOROS
LE REGIONAL OFFICE
❑ Privately -Owned Public Utility
❑ Other
1. Project name: Rivercross - Phase 1 A
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project
1f a modification, provide the existing permit number: WQ00 and issued date:
If new construction but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: Lincoln
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.4648° Longitude: -80.9972°
5. Parcel ID (if applicable): 4602-49-5449
(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
I . Professional Engineer: Brian D. Smith Licensc Number: 27890
Firm: Urban Desi¢n Pamters, LLC
Mailing address: 1318-E6 Central Avenue
City: Charlotte State: NC Zip: 28205
Phone number: [phone] Email Address: brian(),urbandesienpartners com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: Killian Creek Treatment Plant Permit Number: NC 0088722
Owner Name: Lincoln County Public Works
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
1. Permit Number(s): WQ Downstream (Receiving) Sewer Size: 8 inch
System Wide Collection System Permit Number(s) (if applicable): WQCS00149
Owner Name(s): Lincoln County Public Works
FORM: FTA 04-16 Pagel of 5

VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑No ®N/A
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached?
® Yes ❑No ❑N/A
3. If the Applicant is a Home/Property Owners' Association, has an Operational Agreement (FORM: HOA) been attached?
❑ Yes ❑No ®N/A
4. Origin of wastewater: (check all that apply):
® Residential Owned ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential Leased ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool /Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: 100 %Domestic/Commercial % Commercial
% Industrial (See 15A NCAC 02T.0103(20)
►,Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Has a flow reduction been approved under 15A NCAC 02T.01 14M? ❑ Yes ® No
➢ If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(Q)
Daily Design Flow''"
No. of Units
Flow
Residential Townhomes
240 gal/day
45
10,800 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
10,800 GPD
a See 15A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use
areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals
as defined in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall
be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 10 800 GPD (per 15A NCAC 02T.0 114)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, indicate why:
❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line
❑ Flow Inas already been allocated in Permit Number:
❑ Rehabilitation or replacement of existing sewer with no new flow expected
❑ Other (Explain):
FORM: FTA 04-16 Page 2 of 5

VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches)
Length (feet)
Material
8
400
DIP
8
498
PVC
➢ Section B & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (if Applicable) —_22T.0305 & MDC (Puma Stations/Force Mains):
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - °
3. Design flow of the pump station: millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): gallons per minute at_ feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) Material
6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1):
❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(B)'.
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility
Or if the pump station has an average daily flow less than 15,000 gallons per day:
❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T
.0305(h)(1)(C)
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C):
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement)
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.
FORM: FTA 04-16 Page 3 of 5

IX. SETBACKS & SEPARATIONS — (02B.0200 & 15A NCAC 02T.0305(f)):
1. Does the project comply with all separations found in 15A NCAC 02T.0305(f) & (g)
15A NCAC 02T.0305(0 contains minimum separations that shall be provided for sewer systems:
® Yes ❑ No
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
24 inches
Water mains (vertical -water over sewer including in benclied trenches)
18 inches
Water mains (horizontal)
10 feet
Reclaimed water lines (vertical - reclaimed over sewer)
18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
**Any private or public water supply source, including any wells, WS -I waters of Class I or
Class Il impounded reservoirs used as a source of drinking water
100 feet
**Waters classified WS (except WS -1 or WS -V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands (see item IX.2)
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches
10 feet
Any building foundation
5 feet
Any basement
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade (vertical)
36 inches
➢ 15A NCAC 02T.0305(¢) contains alternatives where separations in 02T.0305(f) cannot be achieved.
➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webnage
➢ If noncompliance with 02T.0305(f) or (g), sec Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes [:]No
See the Division's draft separation requirements for situations where separation cannot be meet
➢ No variance is required if the alternative design criteria spccified is utilized in design and construction
➢ As built documents should reference the location of areas effected
3. Does the project comply with all setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No
➢ This would include Trout Buffered Streams per 15A NCAC 213.0202
4. Does the project comply with an individual 404 Permit or any 401 Certifications? ® Yes [:]No
➢ Wetland -related permits shall be requested, obtained, and adhered to for projects that impact wetlands or surface waters
➢ Information can be obtained from the 401 & Buffer Permitting Branch
5. Does project comply with 15A NCAC 02T.01 05(c)(6) (additional permits/certifications)?
® Yes [-]No
Per 15A NCAC 02T.01 05(c)(6) directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwater management plans, etc.).
6. Does this project include any sewer collection lines that are deemed "high-priority?"
Per 15A NCAC 02T.0402, "high-priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
❑ Yes ® No
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and
inspections documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 Page 4 of 5

X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the Minimum Desigi Criteria for the Permitting of Pump Stations
and Force Maters (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable?
® Yes ❑ No
If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents
for review. Approval of the request is required prior to submittal of the Fast Track Application and supporting
documents.
2. Professional Engineer's Certification:
name from Application Item III. I.)
that this application for
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications,
engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best
of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain
portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this
material and have judged it to be consistent with the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation.
..................... ttl ki Ir ........
North Carolina Professional Engineer's seal, signature, and date: `'l CAROB,,91 ,
�OQOFESS/p'y.,ti9
t
:B `•n:G......''�1:
3. Applicant's Certification per 15A NCAC 02T .0106(b): 06.11.18
I,
Hamilton Stolpen - Land
name & title from Application Item 1.3.)
that this application for
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of
this application are not completed and that if all required supporting documentation and attachments are not included, this
application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -
discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties,
injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a
condition of this permit be violated. I also understand that if all required parts of this application package are not completed
and that if all required supporting information and attachments are not included, this application package will be returned to
me as incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
Date: 6/5/18
FORM: FTA 04-16 Page 5 of 5

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Limited Liability Company
Legal Name
AMH Development, LLC
Information
Sosld: 1538043
Status: Current -Active
Annual Report Status: Current
Citizenship: Foreign
Date Formed: 8/18/2016
Fiscal Month: December
State of Incorporation:
DE
Registered Agent: CT Corporation System
Addresses
Reg Office Reg Mailing
160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200
Raleigh, NC 27615 Raleigh, NC 27615
Principal Office
30601 Agoura Road Suite 200L
Agoura Hills, CA 91301
Company Officials
Mailing
30601 Agoura Road Suite 200L
Agoura Hills, CA 91301
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
David P Singelyn
30601 Agoura Road, Suite 200L
Agoura Hills CA 91301

State of North Carolina
1` Department of Environmental Quality
Division of Water Resources
Division of water Resources Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Entity Requesting Allocation: AMH Development, LLC
Project Name for which flow is being requested: Rivercross -Phase IA
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Killian Creek WWTP
b. WWTP Facility Permit #: NC0088722
All flows are in MGD
c. WWTP facility's permitted flow 3.35
d. Estimated obligated flow not yet tributary to the WWTP 1.594
e. WWTP facility's actual avg. flow 1.133
f. Total flow for this specific request 0.011
g. Total actual and obligated flows to the facility 2.738
h. Percent of permitted flow used 81.73%
II. Complete this section for each pump station you are responsible for along the route of this
proposed wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A) (B) (C) (D)=(B+C) (E)=(A-D)
Design Obligated,
Pump Average Daily Approx. Not Yet Total Current
Station Firm Flow* * Current Avg. Tributary Flow Plus
(Name or Capacity, * (Firm / pf), Daily Flow, Daily Flow, Obligated Available
Number) MGD MGD MGD MGD Flow Capacity***
#15B 1.856 0.742 0.000 0.230 0.230 0.512
* The Firm Capacity of any pump station is defined as the maximum pumped flow that
can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking
factor (pf) not less than 2.5.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): Lincoln County Sewer System
Downstream Permit Number: WQCS00149
Page 1 of 6
FTSE 04-16

111. Certification Statement:
I Donald V. Chamblee certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the
receiving wastewater treatment facility and that the flow from this project is not anticipated to
cause any capacity related sanitary sewer overflows or overburden any downstream pump station
en route to the receiving treatment plant under normal circumstances, given the implementation of
the planned improvements identified in the planning assessment where applicable. This analysis
has been performed in accordance with local established policies and procedures using the best
available data. This certification applies to those items listed above in Sections I and 11 plus all
attached planning assessment addendums for which I am the responsible party. Signature of this
form indicates acceptance of this wastewater flow.
Signing OfficiaiSiYnature IDate
Page 2 of 6
FTSE 04-16

Water Resources ~
Environmental Quality
February 1, 2017
Chris Henderson
Engineering Associate
Lincoln County Public Works
115 West Main Street
Lincolnton, NC 28092
Subject: Killian Creek WWTP, NPDES # NCO088722
Residential Flow Reduction
Lincoln County
Dear Mr. Henderson:
ROY COOPER
colet,t0r
MICHAEL S. REGAN
secreta r
S. JAY ZIMMERMAN
or, eetor
On January 29, 2007 the Division of Water Quality (now Division of Water Resources) granted a
flow reduction for residential flow to Middle Forney Creek WWTP (NC0074012). Middle Forney
Creek has been decommissioned and the NPDES permit rescinded. The flow previously being
treated at Middle Forney Creek WWTP is now being treated at Killian Creek WWTP. All areas
currently served by Killian Creek WWTP and conveyed through pump stations # 15 and # 37
were included in the analysis done for the flow reduction granted in 2007.
Based upon the data provided by the County for the 2007 flow reduction, the Division of Water
Resources hereby approves the use of 80 GPD per residential bedroom, with a minimum of 160
gpd for one and two bedroom units in all applicable non -discharge permit applications to Killian
Creek WWTP (NC0088722). Flow shall be incremented by 80 gpd for each bedroom above two.
Regardless of the adjusted design daily wastewater flow rate, at no time shall the wastewater
flows exceed the effluent limits defined in the NPDES permit for the treatment facility of exceed
the capacity of the sewers downstream of nay new sewer extensions or service connection(s).
The granting of this flow reduction does not prohibit the Division from reopening, revoking,
reissuing and /or modifying the flow reduction as allowed by the laws, rules, and regulation
contained in 15A NCAC 02T, NCGS 143-215.1, or as needed to address changed in State and/or
Federal regulations with respect to wastewater collection systems, protection of surface waters
and/or wastewater treatment.
`'Nothing Cornpares"
Slate of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

If you have any questions, please contact me at [phone], or via email at
deborah.aore(@ncdenr.gov.
Sincerely,
for S. Jay Zimmerman
Director, Division of Water Resources
by Deborah Gore, Supervisor
Pretreatment, Emergency Response and Collection Systems Branch
Cc: Mooresville Regional Office, Water Quality Regional Operations
Central Files: NC0088722
PERCS (electronic copy)

USGS TOPOGRAPHIC MAP
LOWESVILLE/LAKE NORMAN SOUTH QUADRANT

STREET MAP

STATE OF NORTH CAROLINA
COUNTY OF LINCOLN
I,/ i
Permit No. W 0660;97
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 4TH day of
JUNE, 2018 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
AMH DEVELOPMENT, LLC , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in LINCOLN County, upon
which it is erecting and will erect dwelling units and other improvements, said development to beknown
RIVERCROSS PHASE IA & 2A (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) RIVERCROSS OWNER'S ASSOCIATION (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction andrepair.
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 oft

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 andinsurance.
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 constrict 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 yearlybudget.
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 AMH DEVELOPMENT, LLC
MANAGEMENT COMMISSION Name offDEVELOPER ��"""�"
By: Y1'/A.h 4G bml cJfbq/�+�e+7i
Linda Culpepper (Signature)
Interim Director, Division of Water Resources
Print acne an4f Land Manager
t e
6/5/18
(Date)
FORM: DEV 11-17 Page 2 of 2