WQ0014306_Final Permit_19980107

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
January 7, 1998
Raymond Gottlieb, Manager
Sandler at Mill Run, L.C., a Limited Liability Company
448 Viking Drive, Suite 225
Virginia Beach, Virginia 23452
AM
I D E N R
Subject: Permit No. WQ0014306
Sandler at Mill Run, L.C., a Limited Liability Company
Eagle Creek Subdivision
Wastewater Treatment and Reclaimed Water Irrigation
Dear Mr. Gottlieb: Currituck County
In accordance with your application received August 18, 1997, we are forwarding herewith Permit
No. WQ001,4306, dated January 7, 1998, to Sandler at Mill Run, L.C., a Limited Liability Company for
the construction and operation of the subject wastewater treatment and reclaimed water irrigation facilities.
This permit shall be effective from the date of issuance until December 31, 2002, 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 150E 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.
One set of approved plans and specifications is being forwarded to ou. If you need additional
information concerning this matter, please contact Mr. Michael D. Allen at 9) 733-5083 extension 547.
Sincerely,_
A. Preston Howard, Jr., P.E.
cc: Currituck County Health Department
Bissell Professional Group
Washington Regional Office, Water Quality Section
Washington Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
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

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I. PERFORMANCE STANDARDS
Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting materials. If this project is to be completed in phases
entire project has been com leted. Mail the Certification to the Non -Discharge Permitting
Unit, P.O. Box 29535, Raleigh, NC 27626-0535.
2. The Washington Regional Office, telephone number [phone], shall be notified at
least forty-eight (48) hours in advance of operation of the installed facilities so that an in -
place inspection can be made. Such notification to the regional supervisor shall be made
during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays.
3. The spray irrigation facilities shall be effectively maintained and operated at all times so that
there is no discharge to the surface waters, nor any contamination of ground waters which
will render them unsatisfactory for normal use. In the event that the facilities fail to
perform satisfactorily, including the creation of nuisance conditions or failure of the
irrigation area to adequately 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.
4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this facility.
5. The 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.
6. Diversion or bypassing of the untreated wastewater from the treatment facilities is
prohibited.
7. The following buffers shall be maintained:
a) 100 feet between wetted area and water supply wells,
b) 100 feet between wetted area and waters classified as SA,
c) 25 feet between wetted area 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.
8. 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.
I1. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times.
2_ Adequate measures shall be taken to prevent wastewater runoff from the spray fields or
infiltration pond.
3. No type of wastewater other than that from the Eagle Creek Development shall be sprayed
onto the irrigation area or disposed in the infiltration pond.
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4. Upon classification of the facility by the Water Pollution Control System Operators
Certification Commission (WPCSOCC), 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
WPCSOCC. The Permittee must also employ a certified back-up operator of the
appropriate type and grade to comply with the conditions of 15A NCAC 8A .0202. The
ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and
IV facility at least daily, excluding weekends and holidays, and must properly manage and
document daily operation and maintenance of the facility and must comply with all other
conditions of 15A NCAC 8A .0202. Once the facility is classified, the Permittee must
submit a letter to the WPCSOCC which designates the operator in responsible charge
within thirty days after the wastewater treatment facilities are 50% complete.
5. 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.
CONDITIONS SPECIFIC TO THE INFILTRATION POND:
6. No traffic or equipment shall be allowed on the disposal area except while installation
occurs or while normal maintenance is being performed.
7. Vegetative growth must be kept out of the infiltration pond at all times. All vegetation must
be removed manually so that minimal disturbance will occur to the disposal area.
8. The application of chemicals to the infiltration pond is expressly prohibited.
CONDITIONS SPECIFIC TO THE RECLAIMED WATER (SPRAY IRRIGATION) SYSTEM:
9. A suitable vegetative cover shall be maintained on the spray irrigation areas.
10. Irrigation shall not be performed during inclement weather or when the ground is in a
condition that will cause runoff.
11. The application rate shall not exceed a cumulative loading of 31.2 inches over any twelve
(12) month period at an instantaneous application rate not to exceed 0.1 inches per dose.
12. Proper depth shall be achieved in the drainage ditches surrounding the golf course or a
propeller pump shall be installed as proposed in the application package to ensure that the
elevation of the drainage ditches allows the movement of groundwater off -site. Permission
shall be obtained from the downstream property owners to deepen the ditches. Until such
time that the County has established a drainage district, the developer shall be responsible
for maintaining the canals for positive drainage.
13. All wastewater shall be routed to the infiltration pond 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.
III. MONITORING AND REPORTING REQUIREMENTS
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.
3

Al
As an indicator of proper operation and maintenance, the facility shall produce an effluent
in compliance with the following limitations:
Parameter Monthly Avera ea Daily (Instantaneous) Maximums
Flow
BOD$ (5-day, 20°C)
NH3 as N
TSS
Fecal Coliform
Turbidity
321,000 GPD
10 mg/l
4 mg/1
5 mg/l
14 per 100 m1b
15 mg/l
6 mg/1
10 mg/I
25 per 100 nzl
10 NTU
a 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 to the wet -weather storage/irrigation pond for the following parameters:
Parameter Sampling Point Sampling Frequency Type of Sample
Flow
Turbidity
BOD5 (5-day, 20°C)
NH3 as N
TSS
Fecal Coliform
Settleable Matter
NO3
TDS
TOC
Chloride
Influent or Effluent
Continuous
Recording
Effluent
Continuous
Recording
Effluent
*2/Month
Composite
Effluent
*2/1\4onth
Composite
Effluent
*2/Month
Composite
Effluent
*2/Month
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.
Triannually 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.
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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 or infiltration,
b. volume of wastewater irrigated or infiltrated,
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 and infiltration pond,
f . weather conditions, and
g . maintenance of cover crops and infiltration pond.
4. Three (3) copies of all operation and disposal records (as specified in condition III 3) on
Form NDAR-I 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 III 2) 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 Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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 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 and turbidimeter.
c. Date and results of power interruption testing on alternate power supply.
7. Noncompliance Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone
number [phone], as soon as possible, but in no case more than?4 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.
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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 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.
I V . GROUNDWATER REQUIREMENTS
Prior to beginning waste disposal operations, two monitor wells (MW-1 and MW-2), shall
be installed to monitor groundwater quality around the infiltration pond. The wells shall be
constructed such that the water level in the well is never above or below the screened
(open) portion of the well at any time during the year. The general location and name for
each well is marked on Attachment A. Each monitoring well shall be located at the review
boundary, constructed in accordance with this permit, and approved by the Washington
Regional Office.
2. All wells that are constructed for purposes of groundwater monitoring shall be constructed
in accordance with 15A NCAC 2C .0108 (Standards of Construction for Wells Other than
Water Supply) and any other state and local laws and regulations pertaining to well
construction.
3. The Washington Regional Office, telephone number [phone], shall be notified at
least forty-eight (48) hours prior to the construction of any monitoring well so that an
inspection can be made of the monitoring well location. Such notification to the regional
groundwater supervisor shall be made during the normal office hours from 8:00 a.m. until
5:00 p.m. on Monday through Friday, excluding state holidays.
4. Within thirty (30) days of completion of all well construction activities, a certification must
be received from a professional engineer certifying that the monitoring wells are located and
constructed in accordance with the Well Construction Standards (15A.NCAC 2C) and this
permit. This certification should be submitted with copies of the Well Completion Form.
(GW-1) for each well. Mail this certification and the associated GW-1 forms to the Permits
and Compliance Unit, Groundwater Section, P.O. Box 29578, Raleigh, NC, 27626-0578.
5. Within sixty (60) days of completion of all wells, the permittee shall submit two original
copies of a scaled topographic map (scale no greater than 1 ":100') signed and sealed by a
professional engineer or a state licensed land surveyor that indicates all of the following
information:
a. the location and identity of each 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
"mcasuring point"), and
f. the depth of water below the measuring point at the time the measuring point is
established.
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 Iatitude and longitude of this horizontal control
6

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 Permits and Compliance
Unit, Groundwater Section, P.O. Box 29578, Raleigh, NC, 27626-0578.
6. For the initial sampling of the well as specified elsewhere in the permit, the permittee shall
submit a copy of the GW-1 Form (Well Completion Form) with the Compliance
Monitoring Form (GW-59) for that well. Compliance Monitoring Forms that do not
include copies of the GW-1 form will be returned to the permittee without being processed.
Failure to submit these forms as required by this permit may result in the initiation of
enforcement activities pursuant to NC General Statutes 143-215.6.
7. Monitor wells MW-1 and MW-2 shall be sampled initially after construction (and prior to
waste disposal operations) and thereafter every March, July, and November for the
following parameters:
Water Level pH
Chlorides (Cl) Total Dissolved Solids (TDS)
Fecal Coliform Total Organic Carbon (TOC)
Nitrates (NO3-N) Total Ammonia
Total Phosphorous
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/l are detected in any downgradient monitoring
well, additional sampling and analysis must be conducted to identify the individual
constituents comprising this TOC concentration. If the TOC concentration as measured in
the background monitor well exceeds 10 mg/l, this concentration will be taken to represent
the naturally occurring TOC concentration. If any exceedances of this naturally occurring
TOC concentration in the downgradient wells are detected, then the Washington 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 must be received on Form GW-59 (Groundwater
Quality Monitoring: Compliance Report Form) by the Groundwater Section, Permits and
Compliance Unit, P.O. Box 29578 Raleigh, N.C. 27626-0578 on or before the last
working day of the month following the sampling month.
8. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall
be provided.

9. The COMPLIANCE BOUNDARY and REVIEW BOUNDARY for the reclaimed water
disposal system (including the wastewater treatment facility, the irrigation pond, and the
spray fields) are established at the property line in accordance with 15A NCAC 2H .0219
(k)(1)(C)(I)III). 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 pernttee.
10. The COMPLIANCE BOUNDARY for the infiltration pond 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.
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 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
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.

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.
4. 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.
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).
8. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
9. The Operational Agreement between the Perrittee 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 143-215.6A to 143-215.6C for
violation of or failure to act in accordance with the terms and conditions of this Permit.
Permit issued this the seventh day of January, 1998
NORTH C LINA E VIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0014306

Permit No. WQ0014306
January 7, 1998
ENGINEER'S CERTIFICATION
Partial Final
I, k, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the
project,
Project Name Location and County
for the
Perrnittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and
intent of this permit, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
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STATE OF NORTH CAROLINA !;�".,:Permit No. WQ00 l4 3blp
COUNTY OF CURRITUCK
OPERATIONAL --AGREEMENT
THIS AGREEMENT made pursuant to G.S.- 143-125.1(dl) and
entered into this ��� day of 7yNj, 1999, by and
between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina,
hereinafter known as the COMMISSION; and Sandler at Mill
Run, L.C. a Limited Liability Company; hereinafter known as
the DEVELOPER; and Eagle Creek Owners Association,
hereinafter known. as OWNERS' ASSOCIATION; and Eagle Creek
Water and Sewer Association, Inc., hereinafter known as
WATER AND SEWER ASSOCIATION.
W I T N E S S E T H
1. The DEVELOPER is or will become the owner of
certain lands lying in Currituck County, upon which it
is ,subdividing lots and erecting other improvements,
said development to be known as Eagle Creek Subdivision
(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. 143-215.12 to
construct, maintain, and operate the Disposal. System.
4. The DEVELOPER has created or shall create a
subdivision pursuant to the Subdivision Ordinance of
Currituck County, North Carolina and a Declaration of
Covenants and Restrictions shall be filed with the
Currituck County Register of Deeds.
5. The DEVELOPER has caused to be formed or will
cause to be formed the Eagle Creek Owners' Association
and the Eagle Creek Water and Sewer Association, Inc.,
both non-profit corporations organized and existing

under and by virtue of the laws of the State of North
Carolina. The Eagle Creek Owners' Association shall be
organized for the purpose, among others, of handling
the property, financial affairs and business of the
common areas of the Development; of operating,
maintaining, re -constructing and repairing the common
elements of the lands and improvements in common
ownership of use; and of collecting dues and
assessments to provide funds for such operation,
maintenance, re --construction, and repair. The Eagle
Creek Water and Sewer Association shall be organized
for the purpose, among others, of operating
maintaining, reconstructing, and repairing the sewage
disposal system should that responsibility and
authority not be transferred to the Eagle Creek Owners'
Association.
6. The COMMISSION desires
System of the Development
maintained and operated ii
permit provisions in order
the Waters of the State
therein.
to assure that the Disposal
is property constructed,
accordance with law and
to protect the quality of
and the public interest
NOW, THEREFORE, in consideration of the promises and the
benefits to the derived by each of the parties hereto; the
COMMISSION and DEVELOPER do hereby mutually agree as
follows:
1. The DEVELOPER shall construct the Disposal System
in accordance with the permit and plans and
specifications hereafter issued and approved by the
COMMISSION; and shall thereafter properly operate and
maintain such systems and facilities in accordance with
applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or
control of the Disposal System to either 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 appropriate
Association. The request must include a copy of the

Association By -Laws and Articles of Incorporation for
the existing Association.
3. In the event of a transfer by the Developer to the
Owners' Association of the Disposal System and
appurtenances thereto, the DEVELOPER shall provide in
the By -Laws that the Disposal System and appurtenances
thereto are part of the common elements. The Owners'
Association By -Laws shall identify the entire
wastewater treatment, collection and disposal system as
a common element which will receive the highest
priority for expenditures by the Owners' Association
except for Federal, State, and local taxes and
insurance_
4. In the event of a transfer by the Developer to the
Owners' Association of the Disposal System and
appurtenances thereto, the DEVELOPER shall provide in
the Declaration of Covenants and Restrictions that the
Disposal System will be maintained through service fees
or charges and special assessments imposed upon the lot
owners by the Declaration of Covenants and
Restrictions. 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 of
Covenants and Restrictions shall provide that a fund be
created out of the assessments. Such funds be separate
from the routine maintenance allocated for the facility
and shall be part of the yearly budget.
5. In the event the common expense allocation and
separate funds are not adequate for the construction,
repair, and maintenance of the Disposal System, the
Declaration -of Covenants and Restrictions shall provide
for special assessments to cover such necessary costs_
There shall be no limit on the amount of such
assessments, and the Declaration of Covenants and
Restrictions shall provide that such special
assessments can be made as necessary at any time.
6. If a wastewater collection system and wastewater
treatments 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 and/or the Association operating the
Disposal System shall take such action as is reasonable
and necessary to cause the existing and future
wastewater of the Development to be accepted and
discharged into said governmental system; and upon
receipt of fair market value shall convey or transfer
as much of the Disposal System, and such necessary
easements as the governmental unit may require as a
condition of accepting the Development's wastewater.
7. 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 provisions for
the continued proper maintenance, repair and operation
of its Disposal System, the DEVELOPER shall provide in
the Associations By -Taws 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.
8. 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.
9. The agreements set forth in numbered paragraphs 1,
2, 3, 4, 5, 6, 7 and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for
the construction, maintenance, repair and operation of
the Disposal System.
10. A copy of this agreement shall be filed at the
Register of Deeds in the County 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.
11. The terms, conditions, and obligations of this
agreement shall be binding upon the successors and
assigns of the parties hereto.

IN WITNESS WHEREOF, this agreement was executed in
duplicate originals by the duly authorized representative of
the parties hereto on the date and year as indicated by each
of the parties named below:
FOR THE IRONME TAL
MANAGE T CO M S
..�
-�Z A. Preston Howard, Jr_, P.E.
Director Division of Water
Quality
Date
SANDLER AT MILL RUN, L.C.
BY: Manager
Raymond L. Gottlieb

STATE OF NORTH CAROLINA
COUNTY OF
t ,
parr,. g
T, a Notary Public
in and for the aforesaid State and County, do hereby certify
that , personally came before me
this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and notarial seal this the day of
1997.
Notary Public
My Commission Expires:
r
STATE OF ` i. ; I]
COUNTY OF
J
This is to certify that on the IT-�' day of
1997, before me personally came } �s_�,,�.r_r . C"C'111 1..h with
whom I am personally.acquainted, who 'being by me duly sworn,
says that k�' ,. �,� i_ �l (-� j `; 1 is the Manager of Sandler at
Mill Run, L.C., the company described in and which executed
the foregoing instrument; that he/she knows the common seal
of said corporation, that the seal affixed to the foregoing
instrument is said common seal and the name of the
corporation was subscribed thereto by the said president and
that said President and Secretary subscribed their names
thereto and said common seal was affixed all by authority of
the Board of Directors of said corporation and that said
instruments is the act and deed of said corporation.
Witness my hand and official seal, this �`�day of
1997.
Notary Public
My Commission Expires:
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