WQ0012073_Final Permit_20030527

\O AT f;y Michael F. Easley. Governor
7 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q C Alan W. Klimek, P.E.. Director
Division of Water Quality
May 27, 2003
Russell McNutt
Blue Ridge Country Club Development, LLC
45 Blue Ridge Drive
Suite A
Marion, NC 28752
Subject: Permit No. WQ0012073
Blue Ridge Country Club Development, LLC
Russell McNutt
Wastewater Treatment and Reclaimed
Water Utilization System
McDowell County
Dear Mr. McNutt:
In accordance with your change of ownership and request for renewal received November 4, 2003 and
February 3, 2003, respectively, and subsequent additional information received February 4. 2003, we are
forwarding herewith Permit Number. WQ0012073, dated May 27, 2003, to Blue Ridge Country Club
Development, LLC for the continued operation of the subject wastewater treatment and reclaimed water
utilization system. This permit is to allow treated effluent from the wastewater treatment facility approved under
NPDES Permit No. NCO080098 to be spray irrigated on the Blue Ridge Country Club Golf Course (separate
ownership) when possible and discharged under the NPDES permit when the effluent does not meet the reuse
requirements.
This permit shall be effective from the date of issuance until April 30, 2008, shall void Permit No.
WQ0012073 issued June 7, 1996, and shall be subject to the conditions and limitations as specified therein.
Please read this permit thoroughly as several conditions are new. Pay particular attention to the
monitoring requirements in this permit as well as the following permit conditions:
t Condition 11(8) - Requirement for testing stand-by power sources. This is new to all surface irrigation
and reclaimed wastewater permits and permit renewals.
♦ Conditions 11(11-14) - Pertains to freeboard monitoring and use of chlorine tablets. These are new to all
surface irrigation and reclaimed wastewater permits and permit renewals.
♦ Condition 11I(2) - Influent flow monitoring and flow meter calibration records. This is new to all
surface irrigation and reclaimed wastewater permits and permit renewals-
♦ Condition III(3) - Residual Chlorine is a new monitoring parameter in all surface irrigation and
reclaimed wastewater permits and permit renewals.
♦ Condition I11(5) - Modified to include reporting required under 111(2).
♦ Condition 111(7) - Monitoring required for storage pond freeboard.
♦ Condition 111(8)(f) and (g) - Additional maintenance log items pertaining to 111(13) and 11I(14).
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Internet http:/Ih2o.enr.nc.state.us/ndpu
Telephone [phone] Fax [phone]
DENR Customer Service Canter Telephone [phone]
An Equal Opportunity Action Emplover 50% recvcled/l 0% Post -consumer Parer
Aster
1N EN€

Failure to establish an adequate system for collecting and maintaining the required operational
information will result in future compliance problems. A recent inspection by our Groundwater Section
identified the need of posted signs indicating that reuse water was being utilized as per Condition 11(8).
If any parts, requirements, or limitations contained ir, 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 Marie Doklovic at [phone]
extension 371. 4
Sincerely,
7,( -Alan W. Klimek, P.E.
cc: McDowell County Health Department
Asheville Regional Office, Water Quality Section
Asheville Regional Office, Groundwater Section
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Water Quality Central Files
NDPU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER TREATMENT AND RECLAIMED WATER UTILIZATION 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
Blue Ridge Country Club Development, LLC
McDowell County
FOR THE
continued operation of a 202,300 GPD reclaimed water utilization system (with tertiary treated effluent from
NC0080098) consisting of an equalization tank, dual path aeration tanks, dual path clarifiers, tertiary filters,
chlorination and dechlorination, flow meter, turbidimeter and 2.3 million square feet of irrigation area (owned by
Blue Ridge Country Club) to serve the Blue Ridge Country Club development with no discharge of wastes to the
surface waters, pursuant to the application received February 3, 2003 and subsequent additional information
received by the Division, 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 April 30, 2008, shall void Permit No.
WQ0012073 issued June 7, 1996, and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The reclaimed water utilization 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 perforin
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 Water Quality (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 surface
or groundwaters resulting from the operation of this facility.
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 Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.

5. The following buffers shall be maintained:
a. I00 feet between wetted areas and water supply wells,
b. 100 feet between wetted areas and waters classified as SA,
c. 25 feet between wetted areas and surface waters not classified as SA,
d. 100 feet between wastewater treatment units and wells,
e. 50 feet between reclaimed water storage/irrigation ponds and property lines, and
f. 50 feet between wastewater treatment units and property lines.
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 that 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 irrigation 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 irrigation 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.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times.
2. 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 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC 8G .0204 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 on the 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 irrigation 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 (unless allowed under
NC0080098).
7. The application rate shall not exceed a cumulative loading of 40 inches over any twelve (12) month
period at an instantaneous application rate not to exceed .375 inches per hour.
8. An automatically activated standby power source shall be on site and operational at all times. If a
generator is employed as an alternate power supply, it shall be tested weekly by interrupting the
primary power source.
9. No type of wastewater other than that from the Blue Ridge Country Club Development, LLC property
shall be irrigated onto the irrigation area.

10. All wastewater shall be discharged under NPDES Permit No. NCO080098 should the limit for fecal
coliform (daily maximum concentration of 25 per 100 ml) or turbidity (instantaneous maximum of 10
NTU) be exceeded, until such time that the problems associated with the treatment capability of the
wastewater treatment plant have been corrected.
11. A waste -level gauge, to monitor waste levels in the storage pond, shall be installed within 60 days of
issuance of this permit. 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 top of the dam elevations. Caution must be taken
not to damage the integrity of the liner when installing the gauge.
12_ Freeboard in the storage pond shall not be less than two feet at any time.
13. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum pumping elevation), 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.
14. The chlorine tablets (Chlor and DeChlor) used in the disinfection facility shall be of the kind and type
specified in the plans and specifications approved by the Division.
III. MONITORING AND REPORTING RE UIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form
NDMR.
The Permittee shall install an appropriate flow measurement device consistent with approved
engineering and scientific practices, if not already installed per NPDES Permit No. NC0080098, to
ensure the accuracy and reliability of influent 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.
Records of flow measurement device calibration shall be kept on file by the Permittee 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
c. Percent from true flow
3. As an indicator of proper operation and maintenance, the facility shall produce an effluent in
compliance with the following limitations:
Parameter _ _ Monthly Averagea Dail,l�stantaneous) Maximum;
Flow 202,300 GPD
BODS (5 -day, 20°C) 10 mg/1 15 mg/1
NH3 as N 4 rng/l 6 mg/1
TSS 5 mg/1 10 mg/1
Fecal Coliform 14 per 100 ml n 25 per 100 ml
Turbidity 10 NTLI
3

The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected
during the reporting period.
b
Monthly average for fecal coliform shall be the geometric mean of all samples collected during the
reporting period.
C
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 for the following parameters:
Parameter
Sampling Point
-Sarripling Frequency
Type of Sara le
Flow
Influent or Effluent
Continuous
Recording
Turbidity
Effluent
Continuous
Recording
BODg (S -day, 20°C)
Effluent
*2/Month
Composite
NH3 as N
Effluent
*2/Month
Composite
TSS
Effluent
*2/Month
Composite
Fecal Coliform
Effluent
*2/Month
Grab
Settleable Matter
Effluent
Daily
Grab
Residual Chlorine
Effluent
**Triannual
Grab
NO3
Effluent
*Triannual
Grab
TDS
Effluent
Triannual
Grab
TOC
Effluent
Triannual
Grab
Chloride
Effluent
Triannual
Grab
pH
Effluent
**Triannual
Grab
* 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 Iimitations.
4. 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) loading for each zone,
f. weather conditions, and
g. maintenance of cover crops.

5. Three (3) copies of all monitoring data (as specified in Conditions 111(2 and 3)) on Form NDMR-I
and three (3) copies of all operation and disposal records (as specified in condition 111(4) and I11(7))
on Form NDAR-1 shall be submitted monthly on or before the last day of the following month. All
information shall be submitted to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
6. 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.
Freeboard in the storage pond shall be recorded weekly.
8. A maintenance log shall be maintained at this facility including but not limited to the following items:
a. Daily sampling results of 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.
f. The number of Chlor and DeChlor tablets added to the disinfection system.
g. Maintenance around the storage pond such as mowing, trimming, etc.
9. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828)
251-6208, 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.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number [phone] or [phone]. Persons reporting such
occurrences by telephone shall also file a written report in letter form within five (5) 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
Any additional groundwater quality monitoring, as deemed necessary by the Division. shall be
provided.
2. 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.
No land application of waste activities shall be undertaken when the vertical separation between the
depth of application and the water table is less than three feet. Verification of the water table
elevation can be confirmed by water level readings obtained from on-site wells or by auger
boring(s), which must be done within 24 hours prior to the application of wastewater. Open
borings must be filled with native soil prior to land application.
V. INSPECTIONS
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 Iead 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 or other permitting authority.
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
L 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.
This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.

3. The Operational Agreement between the Permittee and the Environmental Management Commission is
incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms
of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina
General Statutes §143-215.6A to §143-215.60 for violation of or failure to act in accordance with the
terms and conditions of this permit.
4. 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
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.
5. 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.
6. 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) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC
2B.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
2B.0200 and 211.0500.
7- A set of approved plans and specifications for the subject project must be retained by the Permittee for
the life of the project.
8- 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.
Permit issued th:20LINA
27th day of May, 2003
NORTHENVIRONMENTAL MANAGEMENT COMMISSION
AIan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0012073
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STATE OF NORTH CAROLINA tt����--yy�� l f�
COUNTY OF M� � Permit No., =) I l�tJ
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day
of
L
ma by and between the North Carolina Environmental
Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION;
and Blue Ride Country Club Development LLC- , a corporation/general partnership registered/licensed
to do business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in MtrDQwell County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Blue Ridge Country Club Developme-nt (hereinafter the
Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to
serve the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- -
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to
Chapter 47C of the North Carolina General Statutes.
5, The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit Owners' Association) Blue Ridge Country Club PDA (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and aproved by the COMMISSION, and shall thereafter properly operate
and maintain5,strdlsy"stem"s'ar d farili 'Ies in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the'Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
DEVELOPER's successor.

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and. the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available
to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. .If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the -
governmental unit may require as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public 'interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall
provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said system and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, b, 7, -and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System..
10. A copy of this agreement shall be filed at the Register of Deeds in the County(its) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative f the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE VIRONMEN � en t
MA AGUIENT CO S81ON Name of DEVELOPER
B
Alan W. Klimek, P.E., Director (Signat re}
Division of Water Quality
S z :7- -s
(Date)
Russell A McNutt:, President
Print Name and Title
-31, -ZD-03
(Date)