WQ0019390_Final Permit_20020110

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
January 10, 2002
A. James Russell
The Tillery Tradition, Inc.
214 Tradition Drive
Mt. Gilead, NC 27306
1 ffl7"X;W'JT•
NCDENR
NORTH CAROI_INA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0019390
The Tillery Tradition, Inc.
A. James Russell
Wastewater Treatment and Reclaimed
Water Utilization System
Montgomery County
Dear Mr. Russell:
In accordance with your application received November 9, 2000, we are forwarding herewith Permit Number.
WQ0019390, dated January 10, 2002, to The Tillery Tradition, Inc. for the construction and operation of the subject
wastewater treatment reclaimed water utilization system.
This permit shall be effective from the date of issuance until December 31, 2006, and shall be subject to the
conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in
this permit. Failure to establish an adequate system for collecting and maintaining the required operational
information will result in future compliance problems. Please note Condition I.3 requiring submittal of documents
to the Division for review prior to operation.
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, 6714 Mail Service Center,Raleigh, NC 27699-6714.
Unless such demands are made this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional information
concerning this matter, please contact Sue Homewood at [phone] ex ion 502.
Sincerely',
V,_Gregory J. Thorpe, Ph.D.
cc: Montgomery County Health Department
Fayetteville Regional Office, Water Quality Section
Fayetteville Regional Office, Groundwater Section
HDR Engineering, Inc.
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycledl10% 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
The Tillery Tradition, Inc.
Montgomery County
FOR THE
construction and operation of a 50,000 GPD wastewater treatment and reclaimed water utilization system
consisting of a manually cleaned bar screen, a 12,500 gallon aerated equalization basin with two (2) 50 GPM
pumps and one (1) 40 CFM blower, a flow splitter box to equally distribute flow to two (2) 31,250 gallon
aeration basins with three (3) 140 CFM blowers, two (2) 4,170 gallon clarifiers, a 7,500 gallon aerated sludge
holding tank, two (2) 4 feet by 4.5 feet gravity flow, dual media tertiary filters, a 2,828 gallon clear -well, a
3,010 gallon mudwell and one (1) 27 CFM blower, ultraviolet disinfection with tablet chlorinator disinfection
to serve as backup, a 2,256 gallon effluent dosing tank with two (2) 100 GPM pumps, a 400,000 gallon,
synthetically lined, 5-day side stream pond with a 35 GPM pump in a separate wetwell, a 2,720,000 gallon
irrigation pond, a modified existing irrigation system to irrigate approximately 66.30 acres with reclaimed
wastewater, and all alarms, controls, pipes, valves and other appurtenances to serve The Tillery Tradition, Inc.
with no discharge of wastes to the surface waters, pursuant to the application received November 9, 2000 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 December 31, 2006, and shall be subject
to the folio-vving specified conditions and limitations:
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 and partially certified, you shall
retain the responsibility to track further construction approved under the same permit, and shall
a final certificate of completion once the entire project has been com
Certification to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617.

2. The Fayetteville 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. .Prior to operation of this facility, a copy of the Declaration of Covenants and Bylaws of the Home
Owner's Association must be submitted to the Division of Water Quality for review. The
Division shall acknowledge the approval of the Declaration of Covenants and Bylaws prior to
operation of the facility. Mail the documents to the Non -Discharge Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617.
4. 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.
5. 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.
7. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
8. The following buffers shall be maintained:
a) 100 feet between wetted areas and water supply wells,
b) I00 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 Iines.
9. 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.
10. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the
public or employees that the water is not intended for drinking. Where appropriate, such warning
shall inform the public or employees to avoid contact with the water.
11. All reclaimed water piping, valves, outlets and other appurtenances shall be color -coded, taped or
otherwise marked to identify the source of the water as being reclaimed water as required in 15A
NCAC 2H .0219(k)(1)(D)(ii).
12. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits
operation by authorized personnel only.
13. As per 15A NCAC 2H .0219(k)(1)(D)(vi) there shall be cross -connection control between the
reclaimed water and potable water systems.
2

II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times
2. 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 8G .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class 11,111, 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 8G .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 arc 50% complete.
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.
Adequate measures shall be taken to prevent wastewater runoff from the spray field.
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 18.2 inches over any twelve (12)
month period at an instantaneous application rate not to exceed 0.I inches per dose.
No type of wastewater other than that from The Tillery Tradition shall be sprayed onto the
irrigation area.
9. Freeboard in the five-day side -stream detention pond and the irrigation ponds shall not be less than
two feet at any time. The irrigation ponds shall be operated to maximize storage available during
summer to prepare for the winter storage requirement. Irrigation shall occur at all available
opportunities during winter to enable sufficient storage to remain available when irrigation is not
appropriate.
10. All wastewater shall be routed to the five-day holding pond should the limit for fecal coliform or
turbidity exceed that established in Condition 111.3, 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 re -
treatment or treated in the five-day pond prior to discharge to the storage pond.
11. If the Division determines there is a possibility for nuisance conditions and/or environmental
concerns arise, the Division may require a detailed operational plan that outlines recommendations
for determining appropriate scheduling and maintenance of irrigation events to be submitted for
approval.

III. MONITORING AND REPORTING REOUIREMENTS
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. Effluent flow from the extended aeration package plant 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 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 Average a
vera ea Dail Instantaneous) Maximum c
Flow
BOD5 (5-day, 20°C)
NH3 as N
TSS
Fecal Coliform
Turbidity
50,000 GPD
10 mg/1
4 mg/l
5 mg/l
b
14 per 100 ml
15 mg/1
6 mg/1
10 mg/l
25 per 100 ml
d
10 NTU
a
Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples
collected during the reporting period. Monthly average for fecal coliform shall be the
geometric mean of all samples collected during the reporting period.
b
Daily maximum shall be the maximum value of all samples collected during the reporting
period.
The monthly average wastewater flow shall not exceed 115,000 gallons per day until Phase II
is constructed and certified.
d
Normal operation of the facilities involve reclaimed water being conveyed to the irrigation
ponds at all times unless the continuous turbidity monitoring devices initiates an alarm
condition. The design of the facilities is such that manual transfer of wastewater to the five-day
side -stream detention pond is required in this situation. Therefore, in order to ensure that the
ORC has sufficient time to conduct such manual operation, the turbidity set -point that will
trigger an alarm situation and initiate the telemetry system shall not be less than 6.0.
The effluent from the subject facilities shall be monitored, by thePermittee, at the point prior to
discharge to the irrigation pond for the following parameters:
4

Parameter
Sampling Point Sampling Frequency
Type of Sample
Flow
Influent or Effluent Continuous
Recording
Turbidity
Effluent Continuous
Recording
BODE (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
NO3
Effluent **Triannually
Grab
TDS
Effluent *'Triannually
Grab
TOC
Effluent Triannually
Grab
Chloride
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.
3. Adequate records shall be
maintained by the Permittee tracking the amount
of wastewater
disposed. These records
shall include, but are not necessarily limited to
the following
information:
a. date and time of irrigation,
b. volume of wastewater irrigated,
c. zone irrigated,
d. length of time zone is irrigated,
e, continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each zone,
f. weather conditions, and
g. maintenance of cover crops.
4. Three (3) copies of all operation and disposal records (as specified in condition III 2) on Form
NDAR-1 and three (3) copies of all effluent monitoring data (as specified in condition III 3 and III
4) on Form NDMR-1 shall be submitted 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
5. A record shall be maintained of all residuals removed from this facility. This record shall include
the name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to
accept the residuals, date the residuals were hauled, and volume of residuals removed.
�1

6. A maintenance log shall be maintained at this facility including but not limited to the following
items:
a. Daily sampling results including residual chlorine, settleable matter, and dissolved oxygen in
the aeration basin and at the clarifier weir.
b. Visual observations of the plant and plant site.
c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing,
diffuser inspections and cleanings, etc.).
d. Date of calibration of flow measurement device.
e. Date and results of power interruption testing on alternate power supply.
7. Noncompliance Notification:
The Permittee shall report by telephone to the Fayetteville Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester; the known passage of a slug of hazardous
substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable
of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of
compliance with its permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within 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
I. According to 15A NCAC 2H .0219(f), the lagoon shall have a Iiner of natural material at least one
foot in thickness and having a hydraulic conductivity of no greater than 1 x 10-6 cm/sec when
compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an
effective hydraulic conductivity no greater than that of the natural material liner.
2. During the construction of the storage and irrigation ponds, if groundwater is encountered, an
underlain system shall be installed in such a manner as to prevent groundwater from entering the
ponds or rise within two (2) feet of the bottom of the Iiner. The outlets of this system shall allow
free movement of collected water away from the lagoon bottom.
3. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
6

4. The COMPLIANCE BOUNDARY for the reclaimed domestic or municipal waterdispoals system
is specified by regulations in 15A NCAC 2H, Waste Not Discharged to Surface Waters.
According to 15A NCAC 2H .0219(k)(1)(C)(I)(III), the compliance ouundary and the review
boundary for groundwater shall be established at the property boundary.
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 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
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.
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.
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.

7. A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of the project.
&. 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 this the 1 Oth of January, 2002
NORTH-AROLINA NVIRONMENTAL MANAGEMENT COMMISSION
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019390

Permit No. WQOOI9390
January 10, 2002
ENGINEER'S CERTIFICATION
Partial Final
I, , 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 Pernittee 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.

STATE OF NORTH CAROLINA
COUNTY OF Montgomery Permit No.
, OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of
, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the: COMMISSION; and The Tillery
Tradition, Inc., a corporation/general partnership registered/licensed to do business in the State of North Carolina,
hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in Montgomery County, upon which it is erecting and
will erect dwelling units and other improvements, said development to be known
as The Tillery Tradition (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 Tillery Tradition Homeowner's Association (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 fonds 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 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. R E C Fr I V E D
WATER OUNM SEC110N
FORM: DEV 10/99 Page 1 of 2 ` A!�J Q 9
NmDischarge Perm ttirig

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.
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 of
the parties heretofon the day and year written as indicated by each of the parties named below:
FOR THE, EdVIRONMENTAL A. James Russell, Pres., The Tillery_ Tradition
MAVAG NT.;COb&RM ' ION Name of D VELOPER
J B : CAI'
-Gregory J. Thorpe, Ph.D., Acting Director (Signattdo
Division of Water Quality
Print Name and Title
c 2 JZ
(Dat )
(Date)
RECEIVED
WATER QUAUTYSECT1ON
FORM: DEV 10/99 Page 2 of 2 , A, i ` � .