WQ0000819_Final Permit_20090512

KDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 12, 2009
George Radford, Director
Plantation Harbor Property Owner's Association, Inc.
200 Antebellum Drive
Havelock, North Carolina 28532
Dear Mr. Radford:
Dee Freeman
Secretary
Subject: Permit No. WQ0000819
Plantation Harbor
Wastewater Irrigation System
Craven County
In accordance with your permit modification and renewal request received January 29, 2009 and
April 1, 2009 respectively we are forwarding herewith Permit No. WQ0000819, dated May 12, 2009, to
Plantation Harbor Property Owner's Association, Inc. for the continued operation of the subject
wastewater treatment and surface irrigation facilities. The modification of the permit increases the
permitted flow from 24,554 gallons per day to 79,710 gallons per day. In order to accommodate this
increased flow additional irrigation sites were defined.
This permit shall be effective from the date of issuance until April 30, 2014, shall void Permit No.
WQ0000819 issued October 14, 2004, 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.
Please note that since the last permit issuance, the Division has instituted a new monitoring
policy for all non -discharge systems and created a new permit shell. Please pay careful attention to
the monitoring frequencies and parameters listed in Attachment A, as they may differ from the
requirements and frequencies in the last permit issuance.
Specifically, in Attachment A the monitoring frequencies for the wastewater effluent have been
increased from three times per year to four times per year. Samples shall be collected in March, June,
September and November. Your request for an adjusted daily sewage rate of 80 gallons per day per
bedroom (GPD/br) has been approved based on the review information you submitted in your application
packet and regional office comments. Please be aware if the monthly average flow is within twenty (20)
percent of the permitted flow or 63,768 gallons per day, the Permittee shall re-evaluate the approved
value. This will be done by using the methodology used to determine the approved flow rate of 80 gpdpb
and submitting this information within eighteen months of renewal.
AQUIFER PROTECTION SECTION
(, 1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588; FAX 2: 919-715-60481 Customer Service: 1-877-623-6748
tntemet: www.ncwaterauality.ora
An Equal Opportunity i Affirmative Action Emofoyer
NorthCarohna
Naturally

Mr. Radford
May 12, 2009
Page 2 of 2
Furthermore, in Attachment B which outlines the approved land application sites and limitations,
please note that the loading rates have changed based on the soils evaluation submitted with your
application package.
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, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Alice M. Wessner at
[phone] or [e-mail].
Sincerely,
J—
'�-
Coleen H. Sullins
cc: Craven County Health Department
Washington Regional Office, Aquifer Protection Section
John G. Thomas, PE, Thomas Engineering, PA 309 Metcalf Street, PO Box 1309
New Bern, NC 28563
APS Central Files
LAU Files AO%.

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER 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
Plantation Harbor Property Owner's Association, Inc.
Craven County
FOR THE
continued operation of a 79,710 gallon per day (GPD) wastewater treatment and surface irrigation
disposal facility consisting of 68 individual septic tank effluent pump systems, each consisting of a 1,200
gallon baffled septic tank, a 44 gallon pump tank with a 10 GPM submersible pump and a high water
alarm, and approximately 11,655 linear feet of 2 inch, 2.5 inches and 3 inch force main, a 2.6 million
gallon treatment lagoon, a 3.8 million gallon storage lagoon, a pump station for the spray irrigation
system consisting of dual 225 GPM pumps with high water alarms, a gas feed chlorination system with
dual contact chambers a 30 minutes of detention time, a 15 acre spray irrigation field, and all associated
piping, valves, and appurtenances to serve Plantation Harbor, with no discharge of wastes to the surface
waters, pursuant to the modification and renewal applications received January 29, 2009 and April 1,
2009 respectively, and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until March 30, 2014, shall void Permit No.
WQ0000819 issued October 14, 2004, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
1. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application. The Permittee shall submit a copy of the declarations and bylaws that documents
compliance with the attached Operational Agreement in accordance with Rule 15A NCAC 02T.01 15.
2. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly
owned wastewater collection system within 180 days of its availability to the subject facilities, if the
subject wastewater treatment or disposal facilities are in noncompliance with the terms and conditions
of this non -discharge permit or the governing statutes or regulations. Prior to the initiation of these
connection activities, appropriate approval must be received from this Division.
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II. PERFORMANCE STANDARDS
The surface irrigation facilities shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, 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, 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 ground
or surface waters resulting from the operation of this facility.
All wells that are constructed for purposes of groundwater monitoring shall be constructed in
accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water
Supply) and any other state and local laws and regulations pertaining to well construction.
4. Effluent limitations shall not exceed those specified in Attachment A.
5. Application rates, whether hydraulic, nutrient, or other pollutant shall not exceed those specified in
Attachment B.
6. The compliance boundary for the disposal system is specified by rules in 15A NCAC 02L,
Groundwater Classifications and Standards. This disposal system was individually permitted on or
after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from
the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste
disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is
subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement
actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C.
7. The Permittee shall apply for a permit modification prior to any sale or transfer of property that
affects a compliance boundary to establish a new compliance boundary.
8. In accordance with 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall be
constructed within the compliance boundary except as provided by 15A NCAC 02L .0107(g).
9. The 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 action in accordance with 15A NCAC 02L.0106.
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10. The facilities permitted herein must be constructed according to the following setbacks:
a. The setbacks for Irrigation Sites permitted prior to September 1, 2006 shall be as follows (all
distances in feet):
i. Any habitable residence or place of public assembly under separate ownership:
4008
ii. Surface waters:
100
iii. Any well with exception of monitoring wells:
100
iv. Any property line:
1503
v. Public right of way:
50
'The setback waivers (attached) signed by George Radford and Frank Marmarose respectively,
dated December 3, 2008 allows irrigation of treated wastewater within 200 feet of the identified
residences with tax parcel ids as follows: Plantation Harbor Property Owners Association 5-013-4-
004A & 5-013-4-004C and The Links at Plantation Harbor 5-013-4-021 & 5-013-4-020. A setback
waiver (attached) signed by Frank Marmarose dated December 3, 2008 allows irrigation of treated
wastewater within 200 feet of the identified place of public assembly located at 1886 Adams Creek
Road, Havelock, NC 28532. The Setback Waiver Form shall be recorded with the Craven County
Register of Deeds within ninety (90) days of issuance of this permit.
b. The setbacks for Treatment and Storage Units permitted prior to September 1, 2006 shall be as
follows (all distances in feet):
i. Any well with exception of monitoring wells:
ii. Any property line:
100
50
11. The Operational Agreement (Attached) between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit.
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all
sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of
or failure to act in accordance with the terms and conditions of this permit.
III. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times. 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. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507 including operational functions, maintenance
schedules, safety measures, and a spill response plan.
Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 08G .0200. The ORC shall visit
the facilities in accordance with 15A NCAC 08G .0200 or as specified in this permit and shall comply
with all other conditions specified in these rules.
3. A suitable year round vegetative cover shall be maintained such that crop health is optimized, allows
for even distribution of effluent, and allows inspection of the irrigation system.
4. Adequate measures shall be taken to prevent wastewater ponding or runoff from the irrigation field.
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff.
6. All waste application equipment must be tested and calibrated at least once per permit cycle. Records
of the calibration must be maintained for five years.
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7. No type of wastewater other than that from Plantation Harbor shall be irrigated onto the irrigation
area.
8. An automatically activated standby power source shall be on site and operational at all times capable
of powering all essential treatment units. If a generator is employed as an alternate power supply, it
shall be tested weekly by interrupting the primary power source.
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 use. Such controls may
include the posting of signs showing the activities being conducted at each site.
11. The residuals generated from these treatment facilities must be disposed / utilized in accordance with
15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A
NCAC 02T.0508.
12. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
13. Freeboard in the treatment and storage lagoons shall not be less than two feet at any time.
14. A waste -level gauge to monitor waste levels in the treatment and storage lagoons shall be provided.
This gauge shall have readily visible permanent markings indicating the maximum liquid level at the
top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary
liquid storage volume, and the lowest point on top of the dam elevations.
15. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments.
Earthen basin embankment areas shall be kept mowed or otherwise controlled. and accessible.
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to ensure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory
certified by the Division for the required parameter(s) under 15A NCAC 02H .0800.
3. Flow through the treatment facility shall be continuously monitored and daily flow values shall be
reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device consistent with
approved engineering and scientific practices to ensure the accuracy and reliability of flow
measurement. Flow measurement devices selected shall be capable of measuring flows with a
maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of
once per year, and maintained to ensure that the accuracy of the measurements is consistent with the
accepted capability of that type of device. The Permittee shall keep records of flow measurement
device calibration on file for a period of at least three years. At a minimum, data to be included in
this documentation shall be:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
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4. The effluent from the subject facilities shall be monitored by the Permittee at the frequencies and
locations for the parameters specified in Attachment A.
5. The Permittee tracking the amount of wastewater disposed shall maintain adequate records. These
records shall include, but are not necessarily limited to, the following information:
a. Date of irrigation,
b. Volume of wastewater irrigated,
c. Field irrigated,
d. Length of time field is irrigated,
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B for each field,
g. Weather conditions, and
h. Maintenance of cover crops.
6. Freeboard (waste level to the lowest elevation on the top of the embankment) in the treatment and
storage lagoons shall be recorded weekly.
7. 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.
8. A maintenance log shall be maintained at this facility including but not limited to the following items:
a. Visual observations of the plant and plant site.
b. Record of preventative maintenance (i.e., changing of equipment, adjustments, testing,
inspections and cleanings, etc.).
c. Date of calibration of flow measurement device.
d. Date and results of power interruption testing on alternate power supply.
9. Monitoring wells MW -1, MW -2, MW -3, MW4, and MW -5 shall have their wellheads remain
secured in such a way as to prevent access by hand. This restriction of access may be accomplished
by utilizing a padlock, which would secure a protective wellcap to the protective casing, or by some
other means acceptable to the Groundwater Section.
10. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided. The permittee shall contact the Washington Regional Office of the Aquifer Protection
Section when the average influent flow reaches 20,000 gallons per day so that a groundwater
monitoring and reporting program can be considered.
11. Three (3) copies of all monitoring data [as specified in Conditions IV.3. and IVA] on Form NDMR
for each PPI and three (3) copies of all operation and disposal records [as specified in Conditions IV.5
and N.6.] on Form NDAR-1 for every field shall be submitted on or before the last day of the
following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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12. An annual representative soils analysis (Standard Soil Fertility Analysis) shall be conducted on each
irrigation field and the results maintained on file by the Permittee for a minimum of five years. The
Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following
parameters:
Acidity
Manganese
Potassium
Calcium
Percent Humic Matter
Sodium
Copper
pH
Zinc
Magnesium
Base Saturation (by calculation)
Phosphorus
Cation Exchange Capacity
Exchangeable Sodium Percentage
13. Noncompliance Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone number 252-
946-6481, 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 including ponding in the irrigation field or runoff
from the irrigation fields.
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 disposal system resulting in a by-pass directly to receiving waters.
d. Any time that self-monitoring information indicates that the facility has gone out of compliance
with its permit limitations including, but not limited to, freeboard measurements, effluent
limitations, exceedances of groundwater standards, or overloading of any field.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], or (919) 733-
3300. Persons reporting such occurrences by telephone shall also file a written report in letter form
within five (5) days following fust knowledge of the occurrence. This report must outline the actions
taken or proposed to be taken to ensure that the problem does not recur.
V. INSPECTIONS
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure 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 five years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
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3. Any duly authorized officer, employee, or representative of the Division 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.
VI. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
2. 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.
3. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data. No variances to applicable rules governing the construction
and / or operation of the permitted facilities are granted unless specifically requested and granted in
this permit.
4. The Division accepts the data -based design flow rate of 80 gallons per day per bedroom (gpdpb) for
the community served by this system. Regardless of the adjusted design daily wastewater flow rate,
at no time shall the wastewater flows exceed the limits defined in this permit for the subject facility or
exceed the capacity of the sewers downstream of any new sewer extension or service connection(s).
The Permittee shall report the actual (measured) monthly average amount of wastewater flow
contributed per unit (GPD/br) for the 12 months prior to renewal. If any of these values are within
63,768 gpdpb, the Permittee shall re-evaluate the approved value using the methodology used to
determine the approved flow rate of 80 gpdpb and submit this information within eighteen months of
renewal. The Division may change the design flow rate for connections to the system at that time,
and upon each renewal cycle, pending an evaluation of the submitted flow information.
The issuance of this permit does not exempt 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) that have jurisdiction. Of particular concern to the Division are applicable river buffer
rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC
Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500.
6. 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 on official Division form(s),
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. The
Permittee of record shall remain fully responsible for compliance until a permit is issued to the new
owner.
7. The Permittee shall retain a set of approved plans and specifications for the life of the facilities
permitted herein.
The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority.
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9. The Permittee must pay the annual fee within thirty (30)
Failure to pay the fee accordingly may cause the Division
pursuant to 15A NCAC 02T .0105(e).
Permit issued this the 12th of May, 2009
days after being billed by the Division.
to initiate action to revoke this permit
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
l
CpjZen H llins, Director
ivision WWater Quality
By Authority of the Environmental Management Commission
Permit Number WQ0000819
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ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001 — WWTF Influent
Permit Number: WQ0000819 Version: 3.0
INFLUENT CHARACTERISTICS
INFLUENT LIMITS
MONITORING
REQUIREMENTS
Parameter Description -PCS Code
Monthly Average
Mean Monthly Geometric
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in Conduit or thru Treatment Plant - 50050
79710
gpd
Continuous
Recording
PPI 002 — WWTF Effluent
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING
REQUIREMENT'S
Parameter Description -PCS Code
Monthly Average
Mean Monthly Geometric
Daily Minimum
Daily Maximum
Measurement
Frequency`
Sample
Type
Coliform, Fecal MF, M -FC Broth,44.5C - 31616
200
#/100/ml
4 x year
Grab
BOD, 5 -Day (20 Deg. C) - 00310
30
Ingl
4 x year
Grab
Nitrogen, Kjeldahl, Total (as N) - 00625
4 x year
Grab
Nitrite plus Nitrate Total I DET. (as N) - 00630
4 x year
Grab
Solids, Total Suspended - 00530
30
111gl
4 x year
Grab
Nitrogen, Ammonia Total (as N) - 00610
15
Ingl
4 x year
Grab
Phosphorus, Total (as P) - 00665
4 x year
Grab
pH — 00400
4 x year
Grab
"Monthly averages for all but total coliform shall be the arithmetic mean of all samples collected during the reporting period.
b Monthly average for total coliform shall be the geometric mean of all samples collected during the reporting period
`4 x year monitoring shall be conducted in March, June, September and November.
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WQOOOO6 ersion 3.0 Attachment A e 2 of 2
I-
r

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0000819 Version: 3.0
Plantation Harbor Property Owner's Association, Inc — Plantation Harbor Wastewater Irrigation System
WQ0000819 Version 3.0 Attachment 6 Page 1 of 2
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field/
Owner County
Latitude
Longitude
Net
Dominant
Parameter
Hourly
Vearly
Units
Zone
Acreage___
Soil Series
Rate
Max
01
Plantation harbor POA Craven
34052'52"
76045'04'
23.92
Tomotley
01284 - Application Surface Irrigation
0.25
22
inches
02
Plantation l larbor POA Craven
34052'52"
7645'22"
14.47
Augusta
01284 - Application Surface Irrigation
0.25
27.9
inches
03
Plantation Ilarbor POA Craven
34°52'55"
76°44'53"
11.23
Tornotley
01284 - Application Surface lrri !tion
0.25
19.5
inches
Totals
49.62
WQ0000819 Version 3.0 Attachment 6 Page 1 of 2

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WQ0000b,Aersion 3.0 Attachment B ` age 2 of 2

I
STATE Of NORTH CAROhINh
COUNTY OF WAKE
OPERATIONAL AGREEHMT
Permit No. WQO000819
Wg�dd 2�1.2l.�
THIS AGREEMENT made pursuant t.o G.S. 163-215.1(dl) and
entered into thisday of Tebrua
19 Q-; - , by and.. between the North Carina Env ronmental.
Management Commission, an agency of the. State of North Carolina,
heriaina•fter , known as the COMMISSION$ and
4ntat on Harbor Property owners Assn, a non-profit corporation organised and
exist -ng 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 &a Plantation Harbor (hereinafter
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 assessment to provide funds for such
operation, maintenance, re -construction and repair.
2. The ASSOCIATION desires, to construct and/or operate a
wastewater collection system with pumps, wastewater treatment
works and/or disposal facilities thereinafter 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 rub5ect to unit ownership
in the dwellings units, other improvements and lands through
filing of a Declaration of . Unit ownership (hereinafter
Declaration), pursuant to Chapter $7C of the North Carolina
General Statutes.
5. The COMMISSION desires to assure that the Disposal
System of the Development is properly constructed, maintained and
operated in accordance with law and permit provisions in order to
protect the quality of the water$ of .the State and the public
interest therein.

iM.sW
_ 2
••v r.
NOW, THEREFORE, in consideration of the promises and '`the
e•fits to be derived by each of the parties, hereto, the
MISSION and ASSOCIATION do hereby mutually agree as follows:
I. The ASSOCIATION shall construct the Disposal System
./or make .any additions or modifications to the Disposal System
accordance with the permit and plana And specifieationa
,eafter • is'sua•d . and approved by the COKKISSIONt and nhall
:reafter properly -operate and maintain such syatems and
:ilities in accordance with applicable permit provisions and
Tf
2. The ASSOCIATION shall provide in the Declaration and
iociation Sylatirn that the Disposal System and appurtenances
ereto are. part of the common elements and shall thereafter be
aperly maintained and operated in conformity with law and the
visions of- the permit for construction, operation, repair, and
intenance of the system and facilities. The Declaration and
laws shall identify the entire 'wastewater treatment, collection
d disposal system as a common element which will receive the
ghost priority for expenditures by the ASSQCIATION except for
dexal, State and local taxes, and insurance.
3. The ASSOCIATION shall provide in the• Declaration and
sociation Bylaws that the Disposal system will be maintained
of the common expenses. In order to assure that there shall
funds readily available to repair, maintain or construct the
sposal System, beyond the routine operation and maintenance
:pensee, the Declaration; and Association Bylaws shall provide
fat a fund be created out of the common expenses. Such fund
fall be separate from the routine maintenance allocated for the
icility and shall be part of the yearly budget.
d. In the event the common expense allocation and separate
m d are not adequate for the construction, repair, and
sintenance of the Disposal System, the Declaration and
ssociation Bylaws shall -provide for special assessments to cover
.:ch necessary coats. There shall be no limit on the amount of
ach assessments, and the Declaration and Bylaws shall provide
hat such special assessments can be made as necessary at any
ime.
5. If a wastewater collection system and wastewater
reatment and/or disposal facility provided by any city, town,
illage, county, Nater and sewer authorities, or other unit of
overnment shall hereinafter become available to serve the
evelopment, the ASSOCIATION shall take such action ae is
ecessary to cause tiie existing and future wastewater of the
evelopment.to be accepted and discharged into said governmental
ystemr and shall convey or transfer as much of the Disposal
ystem, and such necessary easements as the governmental unit may
equire as a 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 ASSOCXATfON Bylaws that the ASSOCIATION
shah, 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 ASSOCIATIDN's successor.
B. The agreements net 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 agreement shall befiled 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 e'xeCuted in duplicate
originals by the duly tiuthorized representative of the parties
hereto on the day and year written as indicated by each of the
parties named below!
FOR THE ENVIRONMENTAL AnthonY Monaco
MANAGEMENT COMMI9SI4N ame��ASSOCIATION President
✓e_ ,_ _+�_ agar .-1�. 8 :
^•=---= �: ; D ector S igna.ture
Division of Environmental
Management /y
!.
(Date) Aut or zed by ASSOCIATION goat
of Directors)