WQ0029952_Final Permit_20080501

Q� riQQ�i Michael F. )valley, Governor
O
� y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
—1
d C Colcen H. Sullins Director
Division of Water Quality
May 1, 2008
E. ALLEN BROWN —MANAGING MEMBER
JAMESTOWN PENDER RESIDENTIAL, L.P.
4500 CAMEPON VALLEY PARKWAY, SUITE 350
CHARLOTTE, NOR"rH CAROLINA 28211
Subject: Permit No. WQ0029952
Hampstead Lands WWTF
Wastewater Treatment System
Pender County
Dear Mr. Brown:
In accordance with your minor modification request received April 9, 2008, we are forwarding
herewith Permit No. WQ0029952, dated May 1, 2008, to Jamestown fender Residential, L.P. for the
construction only of the subject wastewater treatment facilities. This permit modification is to remove the
high -rate surface infiltration system from the subject permit, and to reduce the permitted flow to zero (0)
gallons per days per the Fermittee's request.
This permit shall be effective from the date of issuance until May 31, 2011, shall void Permit No.
WQ0029952 issued September 6, 2007, 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 that since this modification includes the removal of the high -rate surface infiltration
system, all references to the disposal system have been removed from the standard shell language. Please
also note that Condition 1.2, prohibits the permitting of future collection system lines until the subject
permit has been modified to include sufficient disposal capacity to warrant the Division's Surface Water
Protection Section permitting additional sewer lines.
Note this permit has been issued as construction only of the wastewater treatment plant and
does not include the permitting of a non -discharge disposal option. Accordingly, the permit has
zero permitted flow. Please also note that the permitted wastewater treatment facility may need to
be modified to meet disposal criteria for any future modification request to permit a non -discharge
disposal option under Administrative Code Title 15A Subchapter 2T — Waste Not Discharged to
Surface Waters. In addition, any construction of the permitted wastewater treatment facility is
being done at the Permittee's risk, and does not constitute Division approval of any future non -
discharge disposal option.
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 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,
14 thCarolina
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: [phone]
Internet: www.ncwaterquality.ora Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Customer Service: [phone]

If you need additional infonnation concerning this matter, please contact Nathaniel Thornburg at
[phone] or [e-mail].
Sincere
oleen H. Sullins
cc; Pander County Health Department
Wilmington Regional Office, Aquifer Protection Section
Dean Hunkele — Wilmington Regional Office, Surface Water Protection Section
John P. Norris, Jr., PE — Norris, Kuske & Tunstall
William G. Simmons, Jr., PE —Cavanaugh & Associates, P.A.
Russell Weil — First Colony
Technical Assistance and Certification Unit
APS Central Files
LAU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER TREATMENT SYSTEM 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
Jamestown Pender Residential, L.P.
Pender County
FOR THE
construction only of a 500,000 gallon per day (GPD) wastewater treatment system consisting of:
an influent flow meter; one (1) manual bar screen; one (1) mechanically -cleaned rotary fine screen with
'/4 -inch openings; one (1) aerated grit tank with a grit removal spiral; one (1) influent pump station with
dual 900 gallon per minute (GPM) transfer pumps; two (2) 103,672 -gallon sequencing batch reactor
(SBR) units each with: one (1) 732 GPM liquid motive mixing pump, a jet aeration diffuser system for
aeration and miming, two (2) 190 cubic feet per minute (CFM) blowers, one (1) 190 CFM spare blower to
serve as SBR spare and digester spare, and one (1) 600 GPM fixed solids -excluding decanter; one (1)
131,648 -gallon post -equalization basin with dual 385 -GPM transfer pumps; (1) 80,784 -gallon aerobic
digester with a jet aeration system served by one (1) 435 CFM blower, one (1) 732 GPM jet motive
pump, and one (1) 600 GPM fixed solids -excluding decanter; two (2) 212,058 -gallon five-day upset
storage basins (to be used as future SBRs) each with one (1) 194 GPM return pump; one (1) five-day
upset pumping station with dual 374 GPM transfer pumps; three (3) 435 CFM blowers for future SBR
use; two (2) 1,465 GPM jet motive pumps for future SBR use; two (2) 117.5 ft2 polyester disc filters with
one (1) 20 GPM filter backwash pump per unit; two (2) ultraviolet disinfection units with eight (8) lamps
per module and three (3) modules per unit, an automatic cleaning system; and one in-line effluent
turbidity meter in the unit; one (1) effluent pump station with dual 352 GPM pumps; one (1) 400 kilowatt
(kW) auxiliary generator; a 1.27 million gallon synthetically lined wet weather storage pond providing
approximately 15 days worth of storage with a pump station with two (2) 100 GPM pumps, audible/visual
high water alarms and a 1,200 gallon dose filter flush tank, and all piping, valves and appurtenances
to serve 517 bedrooms on 161 residential lots at the Hampstead Lands Subdivision, with no discharge of
wastes to the surface waters, pursuant to the application received April 9, 2008, and subsequent additional
information received by the Division of Water Quality (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 May 31, 2011, shall void Permit No_
WQ0029952 issued September 6, 2007, and shall be subject to the following specified conditions and
limitations:
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I. SCHEDULES
1. In accordance with 15A NC..AC 2T .0707, the Permittee shall submit an Operation and Maintenance
(O & M) Plan for the wastewater treatment system. This O & M plan shall include:
a. Describe the operation of the system in sufficient detail to show what operations are necessary for
the system to function and by whom the functions are to be conducted.
b. Describe anticipated maintenance of the system.
c. Include provisions for safety measures including restriction of access to the site and equipment.
d. Include spill control provisions such as response to upsets and bypasses including control,
containment and remediation, as well as contact information for plant personnel, emergency
responders and regulatory agencies.
The O&M plan shall be submitted in conjunction with the engineering certification required in
Condition 1.2.
2. Since this permit does not have a disposal option and has zero permitted capacity, no additional
collection system sewer lines shall be permitted by the Division's Surface Water Protection Section
until this permit has been modified to include sufficient disposal capacity to allow future collection
system permits.
Upon completion of construction and prior to operation of this permitted facility, a certification (see
attached form) 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 including the location of all monitoring wells as applicable. If this project is to
p p retain the responsibility to trach further
be cornp_eie in bases an partially certified, you shall,.,.,._„
construction approved under the same permit, and shall provide a final certificate of completion once
the entire project has been completed. Mail the Certification to the Aquifer Protection Section,
Division of Water Quality, 1636 Mail Service Center, Raleigh, NC 27699-1636.
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division 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. Please note that Rule
15A NCAC 02T .0105(d) requires an updated site map to be submittcd with the permit renewal
application.
The subject wastewater treatment facility shall be connected to an operational publicly owned
wastewater collection system within 180 days of its availability to the subject facility, if the subject
wastewater treatment facility is in noncompliance with the terms and conditions of this non -discharge
permit or the governing statutes or regulations. Prior to the initiation of these connection activities,
appropriate approval must be received from this Division.
Il. PERFORMANCE STANDARDS
The wastewater treatment facilities shall be effectively maintained and operated at all times so that
there is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective actions including those actions that
may be required by the Division, such as the construction of additional or replacement wastewater
treatment facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to ground
or surface waters resulting from the operation of this facility.
3. Effluent limitations shall not exceed those specified in Attachment A.
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III
4. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for treatment and :;forage units (pennitted on or after September 6, 2007) shall be as
follows (ail distances in feet):
i. Any habitable residence or palace of public assembly under separate ownership: 100
ii. Any private or public water supply source: 100
iii. Surface waters: 50
iv. Any well with exception of monitoring wells: 100
v. Any property line: 50
The setbacks for the wet -weather storage pond (permitted prior to September 6, 2007) was
approved under 15A NCAC 2H .0219(k) and shall be as follows (all distances in feet):
i. 50 feet between reclaimed water storage/irrigation ponds and property lines 50
The Operational Agreement (see attached) 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.
OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times. 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. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0707 including operational functions, maintenance
schedules, safety measures, and a spill response plan.
2. Upon classification of the wastewater treatment 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 08G .0200. The ORC shall visit the
facilities in accordance with 15A NCAC 08G .0200 or as specified in this permit and shall comply
with all other conditions specified in these rules.
3. An automatically activated standby power source shall be on site and operational at all times capable
of powering all essential treatment units. If a generator is employed as an alternate power supply, it
shall be tested weekly by interrupting the primary power source.
4. The residuals generated from these treatment facilities must be disposed 1 utilized in accordance with
15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A
NCAC 02T.0708,
5. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
6. Freeboard in the wet weather storage pond shall not be less than 2 feet at any time.
7. A waste -level gauge, to monitor waste levels in the wet weather storage pond, shall be provided. 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 the lowest point on top of the dam elevations. Caution must be taken not to
damage the integrity of the liner when installing the gauge.
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S. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), 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.
All wastewater shall be routed to the five-day holding tank(s) 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 tank(s) shall be pumped
back to the treatment plant for re -treatment or treated in the five-day tank(s) prior to discharge to the
storage pond.
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to ensure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory
certified by the Division for the required parameter(s) under 15A NCAC 02H .0800.
3. Flow through the treatment facility shall be continuously monitored and daily flow values shall be
reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device consistent with
approved engineering and scientific practices to ensure the accuracy and reliability of flow
measurement. blow 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, and
c. Percent from true flow.
4. The effluent from the subject facilities shall be monitored by the Permittee at the frequencies and
locations for the parameters specified in Attachment A.
Freeboard (waste level to the lowest elevation on the top of the embankment) in the wet weather
storage pond shall be recorded weekly.
6. A record shall be maintained of all residuals removed from this facility. This record shall include the
name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to accept
the residuals, date the residuals were hauled, and volume of residuals removed.
7. A maintenance log shall be maintained at this facility including but not limited to the following items:
a. Visual observations of the plant and plant site.
b. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing,
diffuser inspections and cleanings, etc.).
c. Date of calibration of flow measurement device.
d. Date and results of power interruption testing on alternate power supply.
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8. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington. Regional Office, telephone number (910)
796-7215, 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 the wastewater treatment system resulting in a by-pass directly to receiving waters.
d. Any time that self-monitoring information indicates that the facility has gone out of compliance
with its permit limitations.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], or (919) 733-
3300. 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.
V. INSPECTIONS
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment 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 five 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 wastewater
treatrnent 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.
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NI. GENERAL CONDITIONS
1. 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.
2, 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.
3. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data, No variances to applicable rules governing the construction
and 1 or operation of the permitted facilities are granted unless specifically requested and granted in
this permit.
4. 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) that have jurisdiction. Of particular concern to the Division are applicable river buffer
rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC
Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to
wetlands under 15A NCAC 0213 .0200 and 02H.0500.
5. 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 on official Division forms,
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. The
Permittee of record shall remain fully responsible for compliance until a permit is issued to the new
owner.
6. The Permittee shall retain a set of approved plans and specifications for the life of the facilities
permitted herein.
The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority.
8. The Permittee must pay the annual fee within 30 days after being billed by the Division. Failure to
pay the fee accordingly may cause the Division to initiate action to revoke this permit pursuant to
15A NCAC 02T .0105(e).
Permit issued this the I' day of May 2008
NORTH C LINA ENV ONMENTAL MANAGEMENT COMMISSION
-Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0029952
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Permit No. WQ0029952
May 1, 2008
ENGINEERS 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 Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of this permit, the approved plans and specifications, and other supporting
materials.
Signature
Date
Registration No.
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ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPT 001— WWTF Effluent
Permit Number: WQ0029952 Version: 1.3
EFFLUENT CHARACTERISTICS
EFFLUENT LIMI'T'S
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average Weeldy Average Daily Maximum
Measurement Sample
Frequency Type
Flow, in Conduit or thru Treatment Plant — 50050
o
GPD
continuous
Recording
WQ00299- ersion 1.3 Attachment A -ge l of 1

STATE OF NORTH CAROLINA
COUNTY OF
FENDER
Permit No. WQ0029952
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this
is
day of
2007 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
4TAMESTDWN PENDER RESIDENTIAL, L. P.
, 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 PENDER County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as HAMPSTEAD LANDS WASTEWATER TREATMENT FACILITY (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit Owners' Association) _ _ _ _ (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public 'interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and 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.
3, The DEVELOPER shall not transfer, convey, assiga 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 09-06 Page 1 of 2

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 casements 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
ID
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE IRO AL JA�ua,pw.1 'REu'0
MAN CO ION Name of D Sp
r
Director (Sign r
ivis� ater uality �/
Print Name and Title
(Date) (Date)
FORM: DEV 09-06 Page 2 of 2