WQ0004115_Final Permit_19960430

State of North Carolina
Department of Environment,
Health and Natural Resources 11 +LT.X;WA 0
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H N Pt
A. Preston Howard, Jr., P.E., Director
April 30, 1996
CARE OF:
Ms. Sharon Olin
IPM Corporation
317 N. Washington Street
Henderson, North Carolina 28739
Mr. Patrick S. O'Brien
Champion Hills Property Owners Association, Inc.
1000 Indian Cave Road
Hendersonville, NC 28739
Subject: Permit No. WQ0004115
Champion Hills Property Owners Association, Inc.
(Formerly, Branigar Organization, Inc.)
Champion Hills Subdivision
Wastewater Collection, Treatment, Spray Irrigation
Henderson County
Dear Mr. O'Brien:
In accordance with the permit name change request received on December 15, 1995, we are
forwarding herewith Permit Number WQ0004115 as amended, dated April 30, 1996, to Champion Hills
Property Owners Association, Inc., for the continued operation of the subject wastewater collection,
treatment and spray irrigation facilities. In accordance with the previous permit, the sampling point to test
fecal levels shall be established at a point after the effluent leaves the treatment plant, but prior to entering
the first pond. This permit is to reflect the change of ownership of the subject facilities from Branigar
Organization, Inc. to the Champion Hills Property Owners Association, Inc.
This permit shall be effective from the date of issuance until March 31, 2000, shall void Permit
No. WQ0004115 issued May 1, 1995, 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, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
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.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

If you need additional information concerning this matter, please contact..Mr, John Seymour at
[phone] ext. 546.
Sincerely,
CO -j Lcz
A. Presto Howard, Jr., P.E.
cc: Henderson County Health Department
William Lapsley & Associates
Asheville Regional Office, Water Quality Section
Asheville Regional Office, Groundwater Section
Brian Wagner, Groundwater Section, Central Office
Training and Certification Unit (No Revised Rating)
Facilities Assessment Unit

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
PERMISSION IS HEREBY GRANTED TO
Champion Hills Property Owners Association, Inc.
Henderson County
FOR THE
continued operation of a 140,000 GPD wastewater collection, treatment and spray irrigation system
consisting of approximately 36,010 linear feet of 8 -inch gravity sewer collection line; a 130 GPM pump
station (pump station no. 1) with high water alarms, alternate power source and approximately 100 linear
feet of 4 -inch force main; a 40 GPM pump station (pump station no.2) with high water alarms, grinder
pumps, and approximately 320 linear 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 linear 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 linear feet of 3 -inch force main; a 30 GPM pump station (pump station no.5) with high water
alarms, grinder pumps, and approximately 920 linear feet of 2 -inch force main; a 15 GPM pump station
(pump station no.6) with high water alarms, grinder pumps, and approximately 265 linear 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 linear 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 (2) 35,165 gallon aeration tanks in parallel, two (2) 240 cfm blowers, a
12,300 gallon clarifier, a 5,470 gallon aerated sludge holding 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 linear feet of 3 -inch force main; a 0.70 million gallon effluent
holding pond with an artificial liner (having a hydraulic conductivity of no greater than 1x10-6cm/sec); a
12 -inch drain line with gate valve; a 2.4 million gallon irrigation pond; a 600 GPM spray irrigation pump
station providing spray irrigation to golf course fairways 12, 13, 14, 15 and 16, all serving the Champion
Hills Development, with no discharge of wastes to the surface waters, pursuant to the subject permit name
change request received December 15, 1995, 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 be effective from the date of issuance until March 31, 2000, shall void Permit
No. WQ0004115 issued May 1, 1995, and shall be subject to the following specified conditions and
limitations:

I.
II.
PERFORMANCE STANDARDS
1. 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 assimilate the wastewater, the Permittee shall take immediate corrective
actions including those actions that may be required by the Division of Environmental
Management, such as the construction of additional or replacement wastewater treatment
and disposal facilities.
2. 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.
3. The residuals generated from these treatment facilities must be disposed in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is
prohibited.
5. The following buffers shall be maintained:
a) 100 feet between wetted area and residences or places of public assembly under
separate ownership,
b) 150 feet between wetted area and exterior property lines,
c) 100 feet between wetted area and wells,
d) 50 feet between wetted area and public right of ways,
e) 25 feet to a surface water course, pond, or slope/fill,
f) 50 feet between wastewater treatment units and property lines,
g) 100 feet between wastewater treatment units and wells.
Some of the buffers specified above may not have been included in previous permits for
this waste treatment and disposal system. These buffers are not intended to prohibit or
prevent modifications, which are required by the Division, to improve performance of the
existing treatment facility. These buffers do, however, apply to modifications of the
treatment and disposal facilities which are for the purpose of increasing the flow that is
tributary to the facility. These buffers do apply to any expansion or modification of the
high rate infiltration areas and apply in instances in which the sale of property would cause
any of the buffers now complied with, for the treatment and disposal facilities, to be
violated. The applicant is advised that any modifications to the existing facilities will
require a permit modification.
6. 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. A sign shall be posted in plain sight in the club house showing these activities.
OPERATION AND MAINTENANCE REQUIREMENTS
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
of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class l facility at
least weekly and each Class II, Ill, 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 on the spray irrigation areas.
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 for each individual sprinkler shall not exceed 22.5 inches per year. The
corresponding maximum application rate (where the wetted perimeters for any 4 sprinklers
overlap) is, therefore, 91 inches per year.
8. No type of wastewater other than that from the Champion Hills Development shall be
sprayed onto the irrigation area.
MONITORING AND REPORTING REQUIREMENTS
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 Monthly Averagea Daily Maximumb
Flow 0.140 MGD
BOD5 (5 -day, 20°C) 10 mg/1 15 mg/I
NH3 as N 4 mg/1 6 mgfl
TSS 5 mg/i 10 mg/1
Fecal Coliform 5 per 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.

The effluent from the subject facilities shall be monitored, by the Permittee, at the point
prior to discharge to the long term holding pond for the following parameters:
Parameter Sampling Point S=ling F=uency Tym of Samake
Flow
BODS (5 -day, 20°C)
NH3 as N
TSS
Fecal Coliform
Settleable Matter
Residual Chlorine
NO3
TDS
TOC
Chloride
Influent or Effluent
Continuous
Recording
Effluent
2/Month
Composite
Effluent
*2/Month
Composite
Effluent
*2/Month
Composite
Effluent (prior to 1 st pond)
*2/Month
Grab
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 9.0 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 shall be conducted during March, July and November.
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 and time 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 (3) copies of all operation and disposal records (as specified in condition III 3) on
Form NDAR-1 shall be submitted on or before the last day of the following month. Three
(3) copies of all effluent monitoring data (as specified in condition 1112) on Form NDMR-1
shall be submitted on or before the last day of April, August and December. All
information shall be submitted to the following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
Post Office Box 29535
Raleigh, NC 27626-0535
4

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 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 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.
IV. GROUNDWATER REQUIREMENTS
Monitor wells MW#1 and MW#2 shall be sampled every March, July and November for
the following parameters:
NO3 Ammonia Nitrogen
TDS TOC
pH Water Level
Chloride Fecal Coliforms
Orthophosphate Total Suspended Solids
Volatile Organic Compounds - In November only (by Method 1 or 2 below)
Method 1: Method 6230D (Capillary - Column), "Standard Methods For The
Examination of Water and Wastewater", 17th ed., 1989

Method 2: Method 502.2 "Methods For The Determination Of Organic Compounds
In Drinking Water", U.S. EPA -60014-881039
The measurement of water levels must be made prior to sampling for the remaining
parameters. The depth to water in each well shall be measured from the surveyed point on
the top of the casing.
The measuring points (top of well casing) of all monitoring wells shall be surveyed to
provide the relative elevation of the measuring point for each monitoring well.
If TOC concentrations greater than 10 mg/1 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 the Asheville Regional Office Groundwater Supervisor, telephone number
[phone], must be contacted immediately for further instructions regarding any
additional follow-up analyses required. The results of all initial and follow-up analyses
must be submitted simultaneously.
The results of the sampling and analysis shall be sent to the Groundwater Section, Permits
and Compliance Unit, P.Q. Box 29535 Raleigh, N.C. 27626-0535 on Form GW -59
[Compliance Monitoring Report Form] every April, August and December.
2. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall
be provided.
3. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is
for the disposal system constructed after December 31, 1983 is established at either (1) 250
feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is
closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or
beyond the Compliance Boundary is subject to immediate remediation action in addition to
the penalty provisions applicable under General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the
disposal systems midway between the Compliance Boundary and the perimeter of the
waste disposal area. Any exceedance of standards at the Review Boundary shall require
remediation action on the part of the permittee.
4. Within sixty (60) days of permit issuance, the permittee shall submit two original copies of
a scaled map (scale no greater than 1":100') signed and sealed by a state licensed land
surveyor that indicates all of the following information:
a. the location and identity of each monitoring well,
b . the location of the waste disposal system,
c, the location of all property boundaries,
d . the latitude and longitude of the established horizontal control monument,
e. the relative elevation of the top of the well casing (which shall be known as the
"measuring point"), and
f. the depth of water below the measuring point at the time the measuring point is
established.
R

The survey shall be conducted using approved practices outlined in North Carolina General
Statutes Chapter 89C and the North Carolina Administrative Code Title 21, Chapter 56.
The surveyor shall establish a horizontal control monument on the property of the waste
disposal system and determine the latitude and longitude of this horizontal control
monument to a horizontal positional accuracy of +/- 10 feet. All other features listed in a.
through e. above shall be surveyed relative to this horizontal control monument. The
positional accuracy of features listed in a. through e. above shall have a ratio of precision
not to exceed an error of closure of 1 foot per 10,000 feet of perimeter of the survey. Any
features located by the radial method will be located from a minimum of two points.
Horizontal control monument shall be installed in such a manner and made of such
materials that the monument will not be destroyed due to activities that may take place on
the property. The map shall also be surveyed using the North American Datum of 1983
coordinate system and shall indicate the datum on the map. All bearings or azimuths shall
be based on either the true or NAD 83 grid meridian. If a Global Positioning System
(GPS) is used to determine the latitude and longitude of the horizontal control monument, a
GPS receiver that has the capability to perform differential GPS shall be used and all data
collected by the GPS receiver will be differentially corrected.
The maps and any supporting documentation shall be sent to the Groundwater Section,
N.C. Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-
0535.
5. No Iand application of waste activities shall be undertaken when the seasonal high water
table is less than three feet below land surface.
V . INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee 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 log 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 or facility at any reasonable time for the
purpose of determining compliance with this permit; may inspect or copy any records that
must be maintained under the terms and conditions of this permit, and may obtain samples
of groundwater, surface water, or leachate.
V1. GENERAL CONDITIONS
1. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
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, documentations 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 143-215.6(a) to 143-215.6(c).
5. 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).
9. 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. The operational agreement between the permittee and the Environmental Management
Commission is incorporated herein by reference and is 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 Statute 143-215.6(a) to 143-215.6(c) for
violation of or failure to act in accordance with the terms and condition s of this permit.
Permit issued this the 30th day of April, 1996
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston 1 � ard, Jr., P.E. Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0004115

STATE OF NORTH CAROLINA
COUNTY OF Henderson
Fg,�/ l 1x1
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 26th day of
March , 19 9L6_, by and between the North Catalina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Champion Hills Property Owners Associatio Inc-,, a non-profit corporation organized and
existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION.
WITNESSETH:
1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as
(hereinafter the Development); of operating, mainta=" g, 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 assessment to provide funds for such operation, maintenance, re -construction and repair.
2. The ASSOCIATION desires, to constrict and/or operate 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 ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
Ian', through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C
Of the North Carolina General Statutes.
5. 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 ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to 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 ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal system and
appurtenances thereto are pan 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.
3. The ASSOCIATION 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 allocated for the facility and shall be part of the
yearly budget.

4. In the event the common expense allocation and separate fund are not adequate for the construction, rep 6-,,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for spec, W'
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.
5. 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 ASSOCIATION 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.
6. 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 ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIA'T'ION 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.
7. The ASSOCIATION 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
ASSOCIATION's successor.
S. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreerrkent shall filed at the Register of Deeds in the County(ies) where the Declaration is flied
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 Patrick S. O'Brien
MANAGEMENT COMMISSION Name of ASSOCIATION President
-,� _4 '- (
LOLiL &-j
A. Preston Howard, Jr., P.E., Director Signature
Division of Erivironmental Management
C - -
ate) (Au zed by ASSOCIATION Board of Directors
March 26, 1996
(Date)