WQ0004115_Final Permit_19920515

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Coney, Jr., Secretary
Robert D. Farr, Vice President
The Branigar Organization, Inc.
6555 Abercorn Extension
P.O. Box 14513
Savannah, GA. 31499
Dear Mr. Farr:
George T. Everett, Ph.D.
Director
May 15, 1992
Subject: Permit No. WQ0004115 Amendment
The Branigar Organization, Inc.
Champion Hill Development
Wastewater Collection, Treatment
and Spray Irrigation
Henderson County
In accordance with your application received May 15, 1992, we are forwarding herewith Permit
No. WQ0004115, as amended, dated May 15, 1992, to The Branigar Organization, Inc. for the continued
operation of the subject wastewater collection, treatment and spray irrigation disposal system. This pen -nit
amendment consists of a change of ownership from Champion Hills Associates to The Branigar
Organization, Inc.
This permit shall be effective from the date of issuance until December 31, 1995, and shall void
Permit No. WQ0004115 issued January 3, 1991, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to
establish an adequate system for collecting and maintaining the required operational information will result
in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/133-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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4W
If you need additional information concerning this matter, please contact Mr. Michael D. Allen at
91733-5083.
Henderson County Health Department
Asheville Regional Office., Water Quality
Asheville Regional Office, Groundwater
Groundwater Section, Jack Floyd
Training and Certification Unit
Sincerely,
George T. Everett _

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
SPRAY IRRIGATION SYSTEM PERMIT
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
The Branigar Organization, Inc.
Henderson County
FOR THE
continued operation of a 140,000 GPD wastewater collection, treatment and spray irrigation
disposal system consisting of approximately 36,010 linear feet of 8 -inch sewer collection line; a 130 GPM
pump station (pump Station no. 1) with high water alarms, alternate power source and approximately 100
feet of 4 -inch force main; a 40 GPM pump station (pump station no. 2) with high water alarms, grinder
pumps, and approximately 320 feet of 3 -inch force main; a 40 GPM pump station (pump station no. 3)
with high water alarms, grinder pumps, and approximately 2,000 feet of 3 -inch force main; a 40 GPM
pump station (pump station no. 4) with high water alarms, grinder pumps, and approximately 1,200 feet
of 3 -inch force main; a 30 GPM pump station (pump station no. 5) with high water alarms, grinder
pumps, and approximately 920 feet of 2 -inch force main; a 15 GPM pump station (pump station no. 6)
with high water alarms, grinder pumps, and approximately 265 feet of 1.5 -inch force main; a 10 GPM
pump station ( pump station no. 7) with high water alarms, grinder pumps and approximately 500 feet of
1.5 inch force main; dual 70,000 GPD package wastewater treatment plants each having an influent bar
screen, a 25,200 gallon flow equalization tank with dual submersible pumps and blower unit, two 35,165
gallon aeration tanks in parallel, two 240 CFM blowers, a 12,300 gallon clarifier, a 5,470 gallon aerated
sludge holding tank, and associated piping, valves, and appurtenances; a 140,000 GPD tertiary filter
having a 7,715 gallon surge tank with a 46 GPM surge pump, dual 49 square foot filters, a 7,385 gallon
clearwell, dual 690 GPM backwash pumps, a tablet chlorinator with a 3,735 gallon baffled chlorine-
contact
hlorinecontact tank, and associated piping, valves and appurtenances; a 130 GPM effluent pump station (pump
station no. 8) with high water alarms, alternate power source and approximately 300 feet of 3 -inch force
main; an existing 0.70 million gallon effluent holding pond with an artificial liner having a hydraulic
conductivity of no greater than 1 x 10-6cm/sec; an existing 12 -inch drain line with gate valve; an existing
2.4 million gallon irrigation pond; an existing 600 GPM spray irrigation pump station with spray irrigation
of golf course fairways 12, 13, 14, 15, and 16 to serve the Champion Hills Development with no
discharge of wastes to the surface waters, pursuant to the application received September 12, 1990 and in
conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Environment, Health and Natural Resources and considered a part of this
permit.
This permit shall void Permit No. WQ0004115 issued January 3, 1991 and shall be effective from
the date of issuance until December 31, 1995, and shall be subject to the following specified conditions
and limitations:

I. PERFORMANCE STANDARDS
1. Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted
facility has- been installed in accordance with this permit, the approved plans and
specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box
-29535, Raleigh, NC 27626-0535.
2. The Asheville Regional Office, phone no. [phone], shall be notified at least forty-
eight (48) hours in advance of operation of the installed facilities so that an in-place
inspection can be made. Such notification to the regional supervisor shall be made during
the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays.
3. The spray irrigation facilities shall be effectively maintained and operated at all times so that
there is no discharge to the surface waters, nor any contamination of ground waters which
will render them unsatisfactory for normal use. In the event that the facilities fail to
perform satisfactorily, including the creation of nuisance conditions or failure of the
irrigation area to adequately absorb the wastewater, the Permittee shall take such immediate
corrective action to correct the problem, including actions as may be required by the
Division of Environmental Management.
4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this facility.
5. The sludge generated from these treatment facilities must be disposed of in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
6. Diversion or bypassing of the untreated wastewater from the treatment facilities is
prohibited.
7. The following buffers shall be maintained:
a) 400 feet between wetted area and any residence or places of public assembly under
separate ownership,
b) 150 feet between wetted area and property lines,
c) 100 feet between wetted area and wells,
d) 100 feet between wetted area and drainageways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between wastewater treatment units and wells,
g) 50 feet between wastewater treatment units and property lines.
IMENDJUTOAV904 MIN plea 1511:0 0 DICKINSIM "'10(1,11) IN 31131 DIN R
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of
the wastewater treatment facilities. The operator must hold a certificate of the type and
grade at least equivalent to or greater than the classification assigned to the wastewater
treatment facilities by the Certification Commission. The Permittee must also employ a
certified back-up operator of the appropriate type and grade to comply with the conditions
2

of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class II, III, and IV facility at least daily, excluding weekends and
holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202.
3. A suitable vegetative cover shall be maintained.
4. irrigation shall not be performed during inclement weather or when the ground is in a
-condition that will cause runoff.
5. Adequate measures shall be taken to prevent wastewater runoff from the spray field.
6. The facilities shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of any wastewater resulting from the operation of this facility.
7. The application rate not to exceed 1.09 gallons/ft2/week,
8. No type of wastewater other than that from Champion Hills Development shall be sprayed
onto the irrigation area.
9. No traffic or equipment shall be allowed on the disposal area except while installation
occurs or while normal maintenance is being performed.
10. Public access to the land application sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each
site.
1. Any monitoring {including groundwater, surface water, soil or plant tissue analyses}
deemed necessary by the Division of Environmental Management to insure surface and
ground water protection will be established and an acceptable sampling reporting schedule
shall be followed.
2. As an indicator of proper operation and maintenance, the facility shall produce an effluent
in compliance with the following limitations.
Parameter
Flow MGD
BODS
NH3 as N
TSS
Fecal Coliform
MonthlyAvera Eea
10 mg/l
4 mgr
5 mg/l
Daily Maximum
0.140
15 mg/l
6 mg/l
30 mg/1
1/100 ml
a Monthly average shall be the arithmetic mean of all samples collected during the reporting
period.
b Daily maximum shall be the maximum value of all samples collected during the reporting
period.
3

The effluent from the subject facilities shall be monitored by the Permittee at the point prior
to discharge to the subsurface disposal field for the following parameters:
Location of Measurement Sample
Parameter Sampling Points EmQuency L=
BODS, 5 -day, 20C
NH3 as N
TSS
Fecal Coliform
pH
Flow
Settleable Matter
Residual Chlorine
NO3
TDS
TOC
Chloride
Effluent
*Z/Month
Composite
Effluent
*2/Month
Composite
Effluent
*2/Month
Composite
Effluent
*2/Month
Grab
Influent,Effluent
*2/Month
Grab
Influent or Effluent
Continuous
Recording
Effluent
Daily
Grab
Effluent
Daily
Grab
Effluent
**Triannually
Grab
Effluent
**Triannually
Grab
Effluent
**Triannually
Grab
Effluent
* *Triannually
Grab
The effluent pH shall not be less than 6.0 standard units nor greater than 9.4 standard
units.
* 2/Month sampling frequency only during the months of April through October. During
the remainder of the year, these parameters shall be monitored monthly.
** Triannual sampling frequency shall correspond with triannual monitoring of wells
required by Groundwater monitoring conditions.
If Groundwater sampling indicates or predicts problems with the compliance with
Groundwater Standards, this permit will be modified to include additional and/or more
restrictive limitations.
3. Adequate records shall be maintained by the Permittee tracking the amount of wastewater
disposed. These records shall include, but are not necessarily limited to the following
information:
a) date of irrigation,
b) volume of wastewater irrigated,
c) zone irrigated,
d) length of time zone is irrigated,
e) continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for
each zone,
f) weather conditions, and
g) maintenance of cover crops.
4. Three copies of all operation and disposal records (as specified in condition III 2) and all
effluent monitoring data (as specified in condition 111 3) and any other data as may be
required shall be submitted on or before the last day of the following month to the
following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
H

5. A record shall be maintained of all residuals removed from this facility. This record shall
include the name of the hauler, permit authorizing the disposal or a letter from a
municipality agreeing to accept the residuals, date the residuals were hauled, and volume of
residuals removed.
6. A maintenance log shall be maintained at this facility including but not limited to the
following items:
•a: Daily sampling results including residual chlorine, settleable matter, and dissolved
oxygen in the aeration basin and at the clarifier weir.
.b. Visual observations of the plant and plant site.
C. Record of preventative maintenance (changing of filters, adjusting belt tensions,
alarm testing, diffuser inspections and cleanings, etc.).
d. Date of calibration of flow measurement device.
e. Date and results of power interruption testing on alternate power supply.
7. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone no.
[phone], as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or fust knowledge of the occurrence of any of the
following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such
as the dumping of the contents of a sludge digester, the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures
of pumps, aerators, compressors, etc.
C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-
pass directly to receiving waters without treatment of all or any portion of the
influent to such station or facility.
d. Any time that self-monitoring information indicates that the facility has gone out of
compliance with its permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 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.
1. Prior to beginning waste disposal operations, two (2) monitor wells, one (1) upgradient
and one (1) downgradient, shall be installed to monitor groundwater quality. The well(s)
shall be constructed such that the water level in the well is never above or below the
screened (open) portion of the well at any time during the year. However, the exact
location and construction details for these wells shall be approved by the Asheville
Regional Office, from which a well construction permit must be obtained.
W

2. The monitor wells must be sampled initially after construction (and prior to waste disposal
operations) and thereafter every March, July, and November for the following parameters:
NO3
TOC
Ammonia Nitrogen
Water 1.evel
Orthophosphate
Volatile Organic Compounds
TDS
pH
Chlorides
Fecal Coliforms
Total Suspender) Solids
In November only
below)
by Method f 6r Method 2
Method 1: Method 6230D ( Capillary - Column), "Standard Methods for the
Examination of Water and Wastewater", 17th edition, 1989
Method 2: Method 502.2 " Methods for the Determination of Organic Compounds
in Drinking Water", United States Environmental Protection Agency -
600/4-88/039
The measurement of water level must be made prior to sampling for the remaining
parameters.
The measuring points (top of well casing) of all monitoring wells shall be surveyed to
provide relative elevations of the measuring point for each of the monitoring wells. The
depth of water in each well shall be measured from the surveyed point on the top of the
casing.
If TOC concentrations greater than 10 mg/l are detected in any downgradient monitoring
well, additional sampling and analysis must be conducted to identify the individual
constituents comprising this TOC concentration. If the TOC concentration as measured in
the background monitor well exceeds 10 mg/l, this concentration will be taken to represent
the naturally occurring TOC concentration. Any exceedances of this naturally occurring
TOC concentration in the downgradient wells shall be subject to the additional sampling
and analysis as described above.
If any volatile organic compounds are detected by method 6230D, or the equivalent method
502.2, then EPA methods 604 and 611 must also be run to detect other organic compounds
which may be present. The results of all analysis specified in the monitoring requirements,
including 604 and 611 if required, must be submitted simultaneously.
The results of the sampling and analysis shall be sent to the N.C. Division of
Environmental Management on Form GW -59 (Compliance Monitoring Report Form) every
April, August, and December.
3. The (:Qmpliance Boundga for the disposal system is specified by regulations in 15 NCAC
2L, Classifications and Water Quality Standards applicable to the groundwater of North
Carolina. An exceedance of Groundwater Quality Standards beyond the Compliance
Boundary is subject to penalty provisions applicable under General Statute 143-215.6A.
The sale of property, by the Permittee, which is within or contiguous to the disposal
system site may alter location of the Compliance Boundary.
For facilities permitted on or after December 30, 1983, the Compliance Boundary is
established at the lesser of 250 feet from the perimeter, or 50 feet within the property
boundary.
If the title to any property which may affect the location of the Compliance Boundary is
changed, the permittee shall notify the Division Director within 14 days. The Director shall
L

i
then establish a modified Compliance Boundary which will be done as a modification to the
Permit.
The REVIEW BOUNDARY for the disposal system is specified by regulations in 15
NCAC 2L, Groundwater Classifications and Standards. A REVIEW BOUNDARY is
established around disposal systems midway between the Compliance Boundary and the
perimeter of the wash disposal area. When the concentration of any substance equals or
exceeds the maximum allowable concentration of that substance 4t -the R E V lE W
•BQJJhMARY, as determined by monitoring, the permittee shall either (i) demonstrate,
through predictive calculations or modeling, that natural site conditions, facility design and
operational controls will prevent a violation of standards at the Compliance Boundary; or,
(ii) submit a plan for the alteration of existing site conditions, facility design or operational
controls that will prevent a violation of standards at the Compliance Boundary, and
implement that plan upon its approval by the Director.
4. No land application of waste activities shall be undertaken when the seasonal high water
table is less than three (3) feet below land surface.
5. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall
be provided.
b. The interior surfaces of the lagoon shall be completely lined with a 40 -mil thick liner.
Following installation and inspection of the lagoon liner, and prior to waste disposal
operations, certification of the liner's compliance with approved construction specifications
and the liner's integrity must be provided to the Division of Environmental Management,
Groundwater Section, by the project engineer.
I. Adequate inspection, maintenance, and cleaning shall be provided by the Perrnittee to
insure proper operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities
to prevent malfunctions and deterioration, operator errors and discharges which may cause
or lead to the release of wastes to the environment, a threat to human health, or a nuisance.
The Permittee shall keep an inspection Iog or summary including at least the date and time
of inspection, observations made, and any maintenance, repairs, or corrective actions
taken by the Permittee. This log of inspections shall be maintained by the Permittee for a
period of three years from the date of the inspection and shall be made available upon
request to the Division of Environmental Management or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division of Environmental
Management may, upon presentation of credentials, enter and inspect any property,
premises or place on or related to the disposal site and facility at any reasonable time for the
purpose of determining compliance with this permit; may inspect or copy any records that
must be kept under the terms and conditions of this permit; or may obtain samples of
groundwater, surface water, or leachate.
11144111MIKII13 U V 6 LIJIMI
1. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans, specifications, and other supporting data.
7

2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division of Environmental Management accompanied by an application
fee, documentation from the parties involved, and other supporting materials as may be
appropriate: The approval of this request will be considered on its merits and -may or may
-not be approved.
4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
S . The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
6. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of the project.
7. The annual administering and compliance fee must be paid by the Permittee within thirty
days after being billed by the Division. Failure to pay the fee accordingly may cause the
Division to initiate action to revoke this permit as specified by 15 NCAC 2H.0205 (c)(4).
8. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
9. Spray irrigations shall occur only between the hours of 11:00 p.m. and three hours prior to
the daily opening of the golf course, and only when the golf course is closed to public
access.
Permit issued this the 15th day of May, 1992
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
George T. Everett, Director
vision of Environmental Management
CCC/// By Authority of the Environmental Management Commission
Permit Number WQ0004115 Amendment

Permit No. WQ0004115 Amendment
May 15, 1992
_V,n •
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,
Project Name
Location
for the
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 and
intent of the approved plans and specifications.
Signature
Date
G]
Registration No.

STATE OF NORTH CAROLINA Permit No. WQ0004115
COUNTY OF WAKE
OPERATIONAL AGREEMENT
THIS AGREEMENT made pursuant to G.S. 143-215.1(dl) and entered into this
day of May, 1992, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter referred to as the, ..
COMMISSION; and The Branigar Organization, Inc., an organization incorporated under the•
laws of the State of Illinois and authorized to do business in the State of North Carolina—,--
hereinafter
arolina:rhereinafter known as BRANIGAR.
ry
WITNESSETH:
WHEREAS, BRANIGAR owns certain real property in Henderson County, North;-
Carolina and said real property is more particularly described on Exhibit "A" attached,}
hereto; :_q
WHEREAS, BRANIGAR intends to develop said real property together with a golf
course thereon, said development to be called "Champion Hills;"
WHEREAS, BRANIGAR desires, as a part of the Champion Hills Development, to
construct a wastewater collection system with pumps, wastewater treatment works and
disposal facilities (hereinafter referred to as the "Wastewater Collection, Treatment and
Disposal System") to provide for the collection and treatment of domestic sanitary sewage
to .serve the Champion Hills Development;
WHEREAS, BRANIGAR has applied to the COMMISSION for the transfer of Permit
No. WQ0005004 and Permit No. WQ0004115 (the "Permits") originally issued to Champion
Hills Associates, a North Carolina Limited Partnership, pursuant to G.S. 143-215.1 to
construct, maintain, and operate a Wastewater Collection, Treatment and Disposal System;
WHEREAS, COMMISSION desires to assure that the Wastewater Collection, Treatment
and Disposal System is properly constructed, maintained and operated in accordance with
applicable laws and regulations and in accordance with the terms of the "Permits" issued to
BRANIGAR;
WHEREAS, BRANIGAR has caused to be formed or will cause to be formed a
homeowners association known as the "Champion Hills Homeowners Association" (the
"Homeowners Association"), a non-profit corporation organized and existing under and by
virtue of the laws of the State of North Carolina, for the purpose, among others, of
handling the property, affairs and business of "Champion Hills"; operating, maintaining,
reconstructing and repairing the common elements and improvements of "Champion Hills"
including the Wastewater Collection, Treatment and Disposal System; and collecting dues
and assessments to provide funds for such operation, maintenance, reconstruction and repair
of the common elements and improvements.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, it is
hereby agreed as follows:
1. BRANIGAR shall construct the Wastewater Collection, Treatment and Disposal
System in accordance with the Permits and approved plans.

2. BRANIGAR will properly operate and maintain the Wastewater Collection,
Treatment and Disposal System and facilities in accordance with the Permits and applicable
laws and regulations governing the operation of such system.
3. BRANIGAR will not transfer ownership or control of the Wastewater
Collection, Treatment and Disposal System to the Homeowners Association until construction
has been completed in accordance with the Permits and approved pians, and the staff of the
Division of Environmental Management has inspected and approved the facilities. An order
to transfer the Permits to operate the Wastewater Collection, Treatment and Disposal System,
BRANIGAR must request that the Permits be transferred to the Homeowners Association.
Such request must include a copy of the Declaration of Covenants, Conditions and
Restrictions for the Homeowners Association.
4. BRANIGAR will provide in the Declaration of Covenants, Conditions and
Restrictions for the Homeowners Association (the "Declaration") that the Wastewater
Collection, Treatment and Disposal System will be a part of the common elements and will
be properly maintained and operated in conformity with law and the provisions of the
Permit for construction, operation, repair and maintenance. The Declaration of Covenants,
Conditions and Restrictions will identify the entire Wastewater Collection, Treatment 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.
S. The Declaration of Covenants, Conditions and Restrictions will provide that
the Wastewater Collection, Treatment and Disposal System will be maintained out of the
common expenses of the Homeowners Association. In order to assure that there will be
funds readily available for repair, maintenance or construction of the Wastewater Collection,
Treatment and Disposal System, beyond the expenses of ordinary operation and maintenance,
the Declaration of Covenants, Conditions and Restrictions will provide that a fund be
created out of the common expenses. Such fund shall be separate from the ordinary
operation and maintenance budget allocated for the Wastewater Collection, Treatment and
Disposal System and will be part of the annual budget for the Homeowners Association,
6. The Declaration will further provide for special assessments to cover costs
not covered by the common area expense budget and not covered by the Separate Fund.
There will 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, treatment and disposal system or facility provided
by any city, town, village, county, water and sewer authority, or other unit of government
shall hereafter become available to serve Champion Hills Development, BRANIGAR or the
Homeowners Association shall take such action as is necessary to cause the existing and
future wastewater of Champion Hills to be accepted and discharged into said governmental
system and shall convey or transfer as much of the Wastewater Collection, Treatment and
Disposal System and such necessary easements as the governmental unit may require as a
condition to accepting the Development's wastewater.
8. BRANIGAR will provide further in the Declaration that the Homeowners
Association will not enter into a voluntary dissolution without first having transferred the
Wastewater Collection, Treatment and Disposal System to some person, corporation or other
entity acceptable to and approved by the COMMISSION.
9. BRANIGAR or the Homeowners Association shall not transfer, convey, assign
or otherwise relinquish or release its responsibility for the operation and maintenance of
the Wastewater Collection, Treatment and Disposal System until a permit has been issued
to BRANIGAR'S or the Homeowners Association's successor.
10. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 9
above shall be conditions of any permit issued by the COMMISSION to BRANIGAR for the

MAY 15 '92 11:38 BRANIGAR 912-353-8947 PAGE 2
MAY -15-1592 10=15 FROM ROBERTS STEVENS & COGBIRN TO ABARR & MITCHEL P.05
CoastryctiGon, maihitltoue, repair and operation of the Wastawvatvr C011006 0% Troatm6nt wad
Diaposal 8yatvm,
11. A copy of this agreemeat shall bo Mad in the Off iC,p of the R0111tOr of Deeds
III theCounty where the Declaration is find and in the office of the Secretary of State Of
North itroiju* with the Articles of Incorporation of the Homeowners AmcLation,
IN WITNESS WHEREOF, this a&raorcrnt Ym executed in duolicate originals by the
duty authorized revrestntative of the parties hereto on the day and year writtau.
Data:
ENVIRONMENTAL MAKAGEM> NT COMM SSION
D ructus
INvision of Environmental Management
BRANiGAR ORGANIZATION, INC.
OIL*- — r3v�
Vim P 51D�si►,iT