WQ0022052_Final Permit_20060501

o�OF W A TE9pG Michael F_ Easley, Governor
A William G. Ross Jr., Secretary
%J '� North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
May 1, 2006
LEO J, URBAN —TRUSTEE
HAMPSTEAD PINES HOMEOWNERS ASSOCIATION, INC-
109 BRISTLE CONE COURT
HAMPSTEAD, NORTH CAROLINA 28443
Subject: Permit No. WQ0022052
Hampstead Pines Subdivision
Wastewater Treatment and
Reclaimed Water Utilization System
Pender County
Dear Mr. Urban:
In accordance with your change of ownership request received January 24, 2006, we are forwarding
herewith Permit Number WQ0022052, dated May 1, 2006, to the Hampstead Pines Homeowners
Association, Inc. 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 June 30, 2008, shall void Permit No.
WQ0022052 issued July 21, 2003, 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 pay particular attention to Condition I(1). This Condition requires that the Declaration of
Covenants be modified to include specific language concerning the wastewater treatment and disposal
system.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Nathaniel Thornburg at
[phone]. 4
cc: Pender County Health Department
Wilmington Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
Aquifer Protection Central Files
LAU Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone]
Internet: www,ncwaterquality.org 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
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1-877-623-6749

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
Hampstead Pines Homeowners Association, Inc.
Pender County
FOR THE
continued operation of a 23,640 gallons per day (GPD) wastewater treatment and reclaimed water
utilization system consisting of influent lift station with dual pumps and high water alarms, a manually
cleaned bar screen, a 12,000 gallon flow equalization basin with dual 50 gallon per minute (GPM) pumps,
a flow splitter box, dual 20,275 gallon coarse bubble diffused aeration basins, two (2) 2,140 gallon
clarifiers, a 6,075 gallon aerated sludge holding tank, three (3) 126 cubic foot per minute (CFM) blowers
serving the flow equalization, aeration and sludge holding basins, dual bed tertiary filtration units each 14
square feet (ft) with a loading rate of 0.59 GPM/ft , a 56 CFM tertiary filter blower, a 4,200 gallon
cleat -well with two (2) 210 GPM backwash pumps, a 4,500 gallon mudwell with two (2) 60 GPM return
pumps, tablet chlorination, a 834 gallon chlorine contact chamber, a flow meter, a turbidimeter, a 3,600
gallon effluent dosing tank with dual 180 GPM pumps and high water alarms, a 125,000 gallon lined 5-
day upset pond, a 450,000 gallon clay lined (1 x 10-6 cm/sec) effluent storage pond with approximately 19
days of storage, approximately 3.8 acres of fenced spray irrigation area consisting of 15 full circle spray
heads, 24 half circle spray heads and 1 quarter circle spray head to serve the Hampstead Pines
Subdivision with no discharge of wastes to the surface waters, pursuant to the application received
January 24, 2006 and subsequent additional information received by the Division, and in conformity with
the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until June 30, 2008, shall void Permit No.
WQ0022052 issued July 21, 2003, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1. Within six (6) months of permit issuance, the Permittee shall submit to the Division an updated
Declaration of Covenants. The updated Declaration shall incorporate the language concerning
the wastewater treatment and disposal system from the attached Operation Agreement signed by
the Hampstead Pines Homeowners Association on January 17, 2006. The updated Declaration
shall be mailed to: Land Application Unit, Division of Water Quality, 1636 Mail Service Center,
Raleigh, NC 27699-1636.

2. 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.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface water or ground water resulting from the operation of this facility.
4. 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.
5. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
6. 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.
7. 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.
8. The disposal system shall be connected to a rain or moisture sensor that shall indicate when
wastewater application is not appropriate in accordance with Condition H(4) of this permit.
9. The following shall he requirements for the reclaimed water distribution, storage, and utilization
facilities:
a. 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.
b. 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.
i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone
522) and embossed or integrally stamped or marked "CAUTION: RECLAIMED
WATER — DO NOT DRINK" or be installed with a purple (i.e., Pantone 522)
identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite
sides of the pipe and repeated every three feet or less.
ii. Identification tape shall be at least three inches wide and have white or black lettering on
purple (i.e., Pantone 522) field stating "CAUTION: RECLAIMED WATER — DO NOT
DRINK." Identification tape shall be installed on top of reclaimed water pipelines,
fastened at least every 10 feet to each pipe length and run continuously the entire length
of the pipe.
c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits
operation by authorized personnel only.

d. Above -ground hose bibs (i.e., spigots or other hand -operated connections) shall not be
present. Hose bibs shall be located in locked below -grade vaults that shall be clearly labeled
as being of non -potable quality. As an alternative to the use of locked below -grade vaults
with standard hose bibs services, hose bibs, which can only be operated by a special tool or
connected to a special hose connection, may be placed in non -lockable underground services
boxes clearly labeled as non -potable water.
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 88.07 inches over any twelve (12)
month period at an instantaneous application rate not to exceed 0.1 inches per hour.
S. 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 Hampstead Pines Subdivision shall be irrigated onto
the irrigation area.
10. Freeboard in the lined storage pond shall not be less than two (2) feet at any time.
11. A waste -level gauge, to monitor waste levels in the storage pond, shall be installed and
maintained. This gauge shall have readily visible permanent markings indicating the maximum
liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom
of the temporary liquid storage volume, and top of the dam elevations. Caution must be taken not
to damage the integrity of the liner when installing the gauge.
12. A protective vegetative cover shall be established and maintained on all earthen basin
embankments (outside toe of embankment to maximum pumping elevation), berths, 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.

13. 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 re -treatment or treated in the five-day pond prior
to discharge to the storage pond.
14. The chlorine tablets used in the disinfection facility shall be of the kind and type specified in the
Division approved plans and specifications.
III. MONITORING AND REPORTING RE UIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and
an acceptable sampling reporting schedule shall be followed.
2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form
NDMR.
The Permittee shall install an appropriate flow measurement device consistent with approved
engineering and scientific practices 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. 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
Flow
23,640 GPD
BOD5 (5-day, 20°C)
10 mg/1
15 mg/l
NH3 as N
4 mg/l
6 mg/1
TSS
5 mg/l
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.
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.
Daily maximum shall be the maximum value of all samples collected during the reporting
period.

The Permittee shall monitor the effluent from the subject facilities at a point prior to irrigation 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 Coliforrn
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 the lined storage pond shall be recorded weekly.
6. Three (3) copies of all monitoring data [as specified in Conditions IH(2) and M(3)] on Form
NDMR-1 and three (3) copies of all operation and disposal records [as specified in Conditions
M(4) and IH(5)] on Form NDAR-1 shall be submitted monthly on or before the last day of the
following month. All information shall be submitted to the following address:
NC Division of Water Quality
Information Processing Unit
1617 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.
8. A maintenance log shall be maintained at this facility including but not limited to the following
items:
a. Daily sampling results of dissolved oxygen in the aeration basin and at the clarifier weir.
b. Visual observations of the plant and plant site.
c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm
testing, diffuser inspections and cleanings, etc.).
d. Date of calibration of flow measurement device.
e. Date and results of power interruption testing on alternate power supply.
9. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington 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], [phone], or
[phone]. Persons reporting such occurrences by telephone shall also file a written
report in letter form within five (5) days following first knowledge of the occurrence. This
report must outline the actions taken or proposed to be taken to ensure that the problem does
not recur.
IV. GROUNDWATER REQUIREMENTS
1. Well Constrnction 1 Abandonment Criteria:
a. Prior to beginning waste disposal operations, three (3) monitor wells, one upgradient and two
downgradient, shall be installed to monitor groundwater quality. 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 the attached layout sheet. Each monitoring well shall be located at the Review
boundary, constructed in accordance with this permit, and approved by the Wilmington
Regional Office.

b. The wells must be constructed by either a North Carolina Certified Well Contractor, the
property owner or the property Iessee according to General Statutes 87-98.4(b)(2). If the
construction is not performed by a certified well contractor, the property owner or lessee must
physically perform the actual well construction activities, and the wells must be constructed
according to the North Carolina Well Construction Standards (15A NCAC 2C .0108) and the
local county rules.
c. The Wilmington 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.
d. Within thirty (30) days of completion of all well construction activities, a certification must
be received from a professional engineer or a licensed geologist certifying that the monitoring
wells are located according to this permit.
2. Sampling Criteria:
a. Monitor wells (MW-1, NW-2 and MW-3) shall be sampled initially after construction and
prior to waste disposal operations, and thereafter 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. The measuring points (top of well casing) of all monitoring wells shall
be surveyed relative to a common datum.
Nitrate (NO3 N)
Total Phosphorus
Total Ammonia (NH3-N)
Chloride
Total Dissolved Solids
Fecal Coliform
pH
Water Level
b. Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ)
certified for those parameters required.
3. Reporting / Documentation:
a. All reports and documentation (GW-1, GW-30 and GW-59) shall be mailed to the following
address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Updated blank forms (GW-1, GW-30 and GW-59) may be downloaded from the
Groundwater Section's website at http://h2o.enr.state.nc.us/Vs/gpu/forms.htm or requested
from the address mentioned above.
b. For the initial sampling of the wells, the permittee shall submit a copy of the GW-1 Form
(Well Construction Record) with the Compliance Monitoring Form (GW-59) for each well to
the address listed above_ Initial Compliance Monitoring Forms that do not include copies of
the GW-1 form may 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 143-215.6A.

c. The results of the sampling and analysis must be received on Form GW-59 by the
Groundwater Section (address listed above), on or before the last working day of the month
following the sampling month. The data of all groundwater sampling analyses required by
the permit conditions must be reported using the most recent GW-59 form along with
attached copies of the laboratory analyses.
d. Within sixty (60) days of completion of the monitoring wells, the permittee shall submit two
original copies of a scaled site map (scale no greater than 1-inch = 100 feet); however, special
provisions may be granted upon prior approval for large properties. The map(s) must include
the following information:
1) The location and identity of each monitoring well.
2) The location of major components of the waste disposal system.
3) The location of property boundaries within 500 feet of the disposal area(s).
4) The latitude and longitude of the established horizontal control monument.
5) The elevation of the top of the well casing (i.e., measuring point) relative to a common
datum
6) The depth of water below the measuring point at the time the measuring point is
established.
7) The location of the Review and Compliance boundaries,
8) The date the map is prepared and/or revised.
Control monuments 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. Maps
and any supporting documentation shall be sent to the Groundwater Section as addressed
above.
The pernrittee is responsible for lite geographic accuracy of any map submitted, However
produced.
4. Vertical Separation Requirements:
Waste application activities shall not occur when the vertical separation between depth of
application and the water table is at less than one (1) foot. Verification of the water table
elevation can be confirmed by water level readings obtained from the monitor well(s) near the
site or auger boring(s), which must be done within 24 hours, prior to application of wastewater.
Any open borings must be properly filled with native soil, prior to application to decrease the
chance of any waste contaminating the groundwater.
5. Liner Requirements:
The 5-day detention basing and the irrigation storage pond shall have either a liner of natural
material at least one (1) foot in thickness and having a hydraulic conductivity of no greater than 1
x 10"6 centimeters per second 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, according to 15A NCAC 2H .0219(f).
6. Applicable Boundaries:
The COMPLIANCE BOUNDARY and REVIEW BOUNDARY for the waste disposal area is
specified by regulations in 15A NCAC 2H, Waste Not Discharged to Surface Waters, specifically
.0219(k)(1)(C)(i)(M). 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 remediation action according to 15A NCAC
2L .0106(d)(2).

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
1. 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.
3. The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit.
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all
sanctions provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C 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 2B.0200, erosion and sedimentation control requirements in 15A
NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements
pertaining to wetlands under 15A NCAC 213.0200 and 2H .0500.
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).
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 tte 151 day of May, 2006
NORTH CAROLINA F)gV.IWNMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0022052
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STATE OF NORTH CAROLINA
COUNTY OF Pemder Pennit No. WQ0022052
OPERATIONAL AGREEMENT
Tl-iis AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this i _l ?'a G day of
]A ,V Itu hen _€](0 , by and between the North Carolina Environmental Management
ConuTnssion, an agency of the State of North Carolina, Hereinafter known as the COMMISSION; and
, a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as
(hereinafter the Development); of operating, rnainitaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
systein with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the 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. Tlne COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and pen -nit 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 ASSOCIATION do hereby mutually agree as follows:
The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the
Disposal Systein 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 ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the coirnnon 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.
FORM: HOA 09105 Page 1 of 2

3. The ASSOCIATION shall provide irn 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 avaikble 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 fund allocated for the facility and shall be part of
the yearly budget.
4. In the event the corrunon expense allocation and separate fund(s) 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 litnrt on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be inade
as necessary at any time.
5. 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 ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said goverrnrnental
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.
6. Recogrnizing 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 nnakitenance, repair- and operation of its Disposal System, the ASSOCIATION shall
provide irn the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and faciliues to soiree person, corporation or other entity
acceptable to and approved by the COMMISSION by the issuance of a permit.
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a pen -nit has been reissued to the
ASSOCIATION's successor.
S. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall 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 Caroiiuna 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 hereto on the day and year written as indicated by each of the parties mined below:
FOR THE ENVIRONMENTAL b %!OA.j s
MANAGEMENT COMMISSION Name of ASSOCIATION
B
Alan. W. Klimek, P.E., Director (Si tore)
Division of Water Quality
U-0 � -U
Print Name and Title
(Date) -n (Date)
FORM: HOA 09/05 Page 2 of 2