WQ0017530_Final Permit_20050308

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E, Director
Division of Water Quality
March 8, 2005
Foster McDonald
Highlands Cove, LLC
705 Highlands Cove Drive, Box B
Highlands, NC 28741
Subject: Permit No. WQ0017530
Highlands Cove, LLC
Wastewater Treatment and
Reclaimed Water Utilization System
Jackson County
Dear Mr. McDonald:
In accordance with your permit renewal request received October 29, 2004, we are forwarding
herewith Permit Number. WQ0017530, dated March 8, 2005, to Highlands Cove, LLC for the continued
operation of the subject wastewater treatment and reclaimed water utilization system.
This permit shall be effective from the date of issuance until February 28, 2010, shall void Permit
No. WQ0017530 issued April 20, 2000, and shall be subject to the conditions and limitations as specified
therein. The Operation and Maintenance Requirements include the maintaining and weekly testing of an
automatically activated standby power source; and the establishment and monitoring of two waste level
gauges in the 5 -day holding pond and the wet weather holding pond. The Monitoring and Reporting
Requirements include the establishment and monitoring of an influent flow device. 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 Iimitations 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 David Goodrich at (919)
715-6162,
Sincerel
-Alae W. Klimek, P.E.
cc: Jackson County Health Department
Asheville Regional Office, Aquifer Protection Section
Marry Kocot, LandDesign, Inc.
Technical Assistance and Certification Unit
Aquifer Protection Central Files
LAU Files
NorthCarolina
JUaiura!!r�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
]ntemet: http://h2o.enr.state,ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone].623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

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
Highlands Cove, LLC
Jackson County
FOR THE
continued operation of a 60,000 GPD wastewater treatment and reclaimed water utilization
system consisting of preliminary and secondary treatment including rough screening, extended
aeration and secondary clarification, sludge recycle, a 15,000 gallon flow equalization tank, two
30,000 gallon aeration tanks, two 300 cfm centrifugal blowers, and two hopper settling tanks with
a total volume of 14,612 gallons, tertiary filters, a 3,198,560 gallon wet weather storage pond, a
331,920 gallon emergency storage pond, ultraviolet disinfection and backup chlorination tank,
and a 15,000 gallon sludge holding tank, and a 2,005,550 square foot spray irrigation field with a
solid set irrigation system to serve Highlands Cove with no discharge of wastes to the surface
waters, pursuant to the application received October 29, 2004, 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 February 28, 2010, shall void
Permit No. WQ0017530 issued April 20, 2000, and shall be subject to the following specified
conditions and limitations:
1. PERFORMANCE STANDARDS
1. 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 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,

2. The issuance of this pen -nit shall not relieve the Permittee of the responsibility for
damages to surface water or ground water resulting from the operation of this facility.
3. The residuals generated from these treatment facilities must be disposed in accordance
with General Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is
prohibited.
5. The following buffers shall be maintained:
a. 100 feet between wetted 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 clubhouse showing these activities,
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. 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.

7. The application rate shall not exceed a cumulative loading of 7.62 inches over any twelve
(12) month period at an instantaneous application rate not to exceed 0.025 inches per
hour based on a 15 minute dosing period. or 0.1 inches per dose with an average of 5 to 8
applications per week.
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 Highlands Cove shall be irrigated onto the
irrigation area.
10. All wastewater shall be routed to the five-day holding 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. The
wastewater in the five-day holding pond shall be pumped back to the treatment plant for
retreatment or treated in the five-day pond prior to discharge to the storage pond.
11. Freeboard in the Bolding ponds shall not be less than two (2) feet at any time.
12. Two (2) waste -level gauges, one to monitor waste levels in the 5 -day storage pond and
the other to monitor levels in the wet weather holding pond, shall be installed within 60
days of issuance of this permit. These gauges 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 liners
when installing the gauges.
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 used in the backup disinfection facility shall be of the kind and type
specified in the Division approved plans and specifications.
111. 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.
2. Influent flow shall be continuously monitored and daily flow values shall be reported on
Form NDMR.
4

The Permittee shall install an appropriate flow measurement device consistent with
approved engineering and scientific practices to ensure the accuracy and reliability of
influent flow measurement. Flow measurement devices selected shall be capable of
treasuring 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
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 Averages
Daily (Instantaneous) Maximum c
Flow
60,000 GPD
BODS (5 -day, 20°C)
10 mg/l
15 mg/l
NH3 as N
4 mg/I
6 mg/1
TSS
5 mg/1
10 mg/1
Fecal Coliform
14 per 100 ml b
25 per 100 ml
Turbidity
10 NTU
The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard
units.
s 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.
Ir

The Permittee shall monitor the effluent from the subject facilities at the point prior to
discharge to the spray fields, for the following parameters:
Parameter
Sampling Point
Sampling Frequency
Type of Sample
Flow
Influent or Effluent
Continuous
Recording
Turbidity
Effluent
Continuous
Recording
BOD5 (5 -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
Daily
Grab
NO3
Effluent
* *Triannually
Grab
TDS
Effluent
* Triannually
Grab
TOC
Effluent
Triannually
Grab
Chloride
Effluent
Triannually
Grab
PH
Effluent
* *Triannually
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.
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.
4. The Permittee shall maintain adequate records tracking the amount of wastewater
disposed. These records shall include, but are not necessarily limited to the following
information:
a. Date and time of irrigation,
b. Volume of wastewater irrigated,
c. Zone irrigated,
d. Length of time zone is irrigated,
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for
each zone,
f. Weather conditions, and
g. Maintenance of cover crops.
5. Freeboard in each of the two holding ponds shall be recorded weekly.
6. Three (3) copies of all monitoring data [as specified in Conditions 1II(2) and III(3)] on
Form NDMR-1 and three (3) copies of all operation and disposal records [as specified in
Conditions 111(4) and III(5)] on Fonn 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:
501

NCDENR-DWQ
Information Processing Unit
1.617 Mail Service Center
Raleigh, North Carolina 27699-1617
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.
S. 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.
9. Noncompliance Notification:
The Permittee shall report by telephone to the Aquifer Protection Section of the Asheville
Regional Office, telephone number [phone], as soon as possible, but in no case
more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such
as the dumping of the contents of a sludge digester; the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures
of pumps, aerators, compressors, etc.
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], (800) 858-
0368, 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
1. Sam lir► Re uirements:
a. Monitor well(s) MW -1, MW -2, and MW -3 shall be sampled every March, July, and
November for the parameters listed below. Prior to sampling the parameters, the
measurement of water levels must be taken. The depth to water in each well shall be
measured from the surveyed point on the top of the casing.
Nitrate Nitrogen (NOYN)
Total Organic Carbon (TOC)
Fecal Coliform
Total Phosphorous
Water Level
pH
Ammonia Nitrogen (NH3-N)
Chlorides
Total Dissolved Solids
Volatile Organic Compounds — In November only
b. For Total Organic Carbon (TOC), if concentrations greater than 10 mg/1 are detected in any
down -gradient monitoring well, additional sampling and analysis must be conducted to
identify the individual constituents comprising this TOC concentration. If the TOC
concentration as measured in the background monitor well exceeds 10 mg/l, this
concentration will be taken to represent the naturally occurring TOC concentration. Any
exceedances of this naturally occurring TOC concentration in the down. -gradient wells shall
be subject to the additional sampling and analysis as described above.
c. For Volatile Organic Compounds (VOCs) sampled in November, use only one of the
following methods:
1) Standard Method 6230D, Practical Quantitation Limit (PQL) at 0.5 ugiL or less
2) Standard Method 6210, PQL at 0.5 ug/L or less
3) EPA Method 8021, Low Concentration, PQL at 0.5 ug/L or less
4) EPA Method 8260, Low Concentration, PQL at 0.5 ug/L or less
5) Another method with prior approval by the Aquifer Protection Section Chief:
Any of the referenced methods used for VOCs must at a minimum, include all the
constituents listed in Table V1II of Standard Method 6230D. Any method used must provide
a PQL of 0.5 ug/L or less, which must be supported by laboratory proficiency studies as
required by the DWQ Laboratory Certification Unit. Any constituents detected above the
Method Detection Limit (MDL) but below the PQL of 0.5 ug/L must be qualified (estimated)
and reported.
d. Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ)
certified for those parameters required.

2. Reporting 1 Documentation Requirements:
a. All reports, reaps and other documentation required in the "Groundwater Requirements"
section of this permit shall be mailed to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Updated blank reporting and other forms may be downloaded from the web site for
the Division's Aquifer Protection Section at http;l/gw.ehnr.state.nc.us/ or requested
from the address listed above.
b. The results of the sampling and analysis shall be received on the most -recent version
of "Groundwater Quality Monitoring: Compliance Report Farm" (i.e., GW -59 Form)
with copies of the laboratory analyses attached by the D'ivision's Aquifer Protection
Section on or before the last working day of the month following the sampling month.
3. Vertical Separation Re uirements:
Reclaimed water irrigation activities should not occur when the vertical separation between
the depth of irrigation and the seasonal high water table is less than one foot.
4. Applicable Boundary Requirements:
a. The COMPLIANCE BOL)NDARY and REVIEW BOUNDARY for the wastewater treatment
and reclaimed water facilities shall be as specified by regulations in I5A NCAC 2H .0219
(k)(1)(C)(i)(H) (i.e., "Waste Not Discharged to Surface Waters"). The Compliance Boundary
and the Review Boundary for groundwater shall be established at the property boundary. An
exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
subject to immediate remediation action according to 15A NCAC 2L .0106(d)(2).
5. Other Requirements:
Any additional groundwater quality monitoring, as deemed necessary by the Division, shall
be provided.
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.

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.
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-
215.6C 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 213.0200, 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 2H.0500.
7. The Permittee shall retain a set of approved plans and specifications for the subject
facility for the life of the project.
8. The Permittee shall pay the annual administering and compliance fee within thirty days
of 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).
10

9. The Permittee, at least six (5) 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 this the 8"' day of March, 2005
NORTH C OLINA E VIRONMENTAL MANAGEMENT COMMISSION
r
c � ;
-./Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0017530
11

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, 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(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 executed in duplicate originals by the duly authorized
representative the parties hereto on the day and year written as indicated by each of the parties named below:
FOR T IRO N A_ HIGHLANDS COVE, LLC
MANA ME C ON Name of ELOPER
Bv: Q�,
Kerr T. Stevens, Director (Signatur )
Division of Water Quality
_3oe Bell
Print Name and Title
-
(Date) (Date)
FORM: DEV 10/99 Page 2 of 2

S i ATE OF NORTH CAROLINA
COUNTY OF _ 1ZSZ'" Permit No. VVATPP nc,�! V p
`�
' - J J
OPERATIONAL AGREEMENT DEC f 7 fop
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into thit,- -Aa o�December
099, by and between the North Carolina Environmental Management Commission, an agency 6Mto of
North Carolina, hereinafter known as the COMMISSION; and HIGHLANDS COVE, LCC, 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 Jackson County, upon which it is erecting
and will erect dwelling units and other improvements, said development to be known as Highlands Cove
(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-
21.5.1 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) (hereinafter the 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:
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 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.
7 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.
FORM: DEV 1.0/99 Page 1 of 2