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HomeMy WebLinkAboutWQ0030012_Final Permit_20060326W A ��q4G OIN\ Michael F. Easley, Governor William G. Ross Jr,, Secretary North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality April 26, 2006 TROY LUCAS — PROJECT MANAGER CAMP LAKE .LAMES, LLC 400 SOUTH TRYON STREET— SUITE 1300 CHARLOTTE, NORTH CAROLINA 28201 Subject: Permit No. WQ0030012 Camp Lake James Wastewater Treatment and Reclaimed Water Utilization System Burke & McDowell Counties Dear Mr. Lucas: In accordance with your permit application received March 21, 2006, and subsequent additional information received April 18, 2006, we are forwarding herewith Permit Number WQ0030012, dated April 26, 2006, to Camp Lake James, LLC for the construction and operation of the subject wastewater treatment and reclaimed water utilization system. This permit shall be effective from the date of issuance until March 31, 20.11 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 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. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Nathaniel Thornbtd at (919) 715-6160. Sincere) Alan W. Klimek, P. . cc: Burke County Health Department McDowell County Health Department Asheville Regional Office, Aquifer Protection Section Rich Hayes, LSS — Raleigh Regional Office, Aquifer Protection Section Martin A. Kocot, PE — LandDesign, Inc. Technical Assistance and Certification Unit Aquifer Protection Central Files LAU Files`- - NorthCarolina JUaturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-I636 Phone (919) 733-3221 Customer Service Internet: www.ncwaterquality.org 2728 Capital Boulevard Raleigh, NC 27604 FAX (919) 715-6048 1-977-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% 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 Camp Lake James, LLC Burke & McDowell Counties FOR THE construction and operation of a 16,000 gallon per day (GPD) wastewater treatment and reclaimed water utilization system consisting of: two (2) 9,000 gallon interconnected aerated flow equalization basins with two (2) 45 gallon per minute (GPM) pumps and one (1) 49 cubic feet per minute (C1=M) blower; a manually cleaned bar screen with inch spacings; two (2) 8,000 gallon coarse bubble aeration basins served by two (2) 140 CFM blowers; two (2) 2,910 gallon clarifiers each with a geyser sludge return pump and a skimmer airlift; two (2) Pyradeck fixed media filters each with a total of 96 square feet (f�) of area and two (2) 87 GPM backwash pumps; two (2) ultraviolet (UV) disinfection banks with a total of eight (8) lamps; a tablet chlorinator; a 1,000 gallon chlorine contact basin; an ultrasonic flowmeter; a turbidimeter; a permanent standby generator; a 4,800 gallon aerated sludge holding basin; an approximately 83,000 gallon synthetically lined 5-day upset pond; an upset pond pump station with two (2) 50 GPM pumps and audible/visual high water alarms; an approximately 480,000 gallon synthetically lined wet weather storage pond providing approximately 30 days of storage; an irrigation pump station with dual 50 GPM pumps and audible/visual high water alarms; twelve (12) drip irrigation zones totaling 4.13 acres with 22,500 drip emitters rated at 0.61 gallons per hour (GPH); and a rain sensor to serve Camp Lake James with no discharge of wastes to the surface waters, pursuant to the application received March 21, 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 March 31, 2011 and shall be subject to the following 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 thisproject is to be com leted in phases and partially certifiedyou shall retain the responsibility to track further 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 Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty- eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 3. The 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. 4. 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. 5. The residuals generated from these treatment facilities must be disposed in accordance with General Statute 143-215.1 and in a manner approved by the Division. 6. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 7. The following buffers shall be maintained: a. 100 feet between wetted 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. 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. 9. 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 11(4) of this permit. 7. 10. The following shall be 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 DRII`1K." 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 and instantaneous loading (i.e. dosing rate) rates shall not exceed the following: Irrigation Zone Area (acres) Dominant Sol] Series Instantaneous Loading Rate inches/hour) Annual Loading Rate (inches/year) 1 0.34 Hayesville/Evard 0.3 52.46 2 0.34 Hayesville/Evard 0.3 52.46 3 0.34 Hayesville/Evard 0.3 52.46 4 0.34 Hayesville/Evard 0.3 52.46 5 0.34 Hayesville/Evard 0.3 52.46 6 0.34 Hayesville/Evard 0.3 52.46 7 0.34 Hayesville/Evard 0.3 52.46 8 0.34 Hayesville/Evard 0.3 52.46 9 0.34 Hayesville/Evard 0.3 52.46 10 0.34 Hayesville/Evard 0.3 52.46 11 0.34 Hayesville/Evard 0.3 52.46 12 0.34 Hayesville/Evard 0.3 52.46 Total 4.13 8. An automatically activated standby power source shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. 9. No type of wastewater other than that from Camp Lake James shall be irrigated onto the irrigation area. 10. Freeboard in the five day upset and wet weather storage ponds shall not be less than two (2) feet at any time. 11. A waste -level gauge, to monitor waste levels in the wet weather storage pond, shall be installed prior to operation. 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), 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. 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 REQUIREMENTS 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) Maximume Flow 16,000 GPD BOD5 (5-day, 20°C) 10 mg/1 15 mg/l NH3 as N 4 mg/l 6 mg/1 TSS 5 mg/1 10 mg/l Fecal Coliform 14 per 100 ml b 25 per 100 ml Turbidity 10 NTU The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. s Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected during the reporting period. b Monthly average for fecal coliform shall be the geometric mean of all samples collected during the reporting period. Daily maximum shall be the maximum value of all samples collected during the reporting period. 5 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 Coliform Effluent 2/Month Grab Settleable Matter Effluent Daily Grab Residual Chlorine Effluent Daily Grab NO3 Effluent Triannually Grab TDS Effluent *� Triannually Grab TOC Effluent Triannually Grab Chloride Effluent Triannually Grab pH Effluent 'Triannually Grab * 2/Month sampling frequency only during the months of April through October. During the remainder of the year, these parameters shall be monitored monthly. ** Triannually sampling shall be conducted during March, July and November. If Groundwater sampling indicates or predicts problems with the compliance with Groundwater Standards, this permit will be modified to include additional and/or more restrictive limitations. 4. The Permittee shall maintain adequate records tracking the amount of wastewater disposed. These records shall include, but are not necessarily limited to the following information: a. Date and time of irrigation, b. VoIume 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 crop. 5. Freeboard in the wet weather storage and five day upset ponds shall be recorded weekly. 6. Three (3) copies of all monitoring data [as specified in Conditions II1(2) and IlI(3)] on Form NDMR-1 and three (3) copies of all operation and disposal records [as specified in Conditions III(4) and III(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. 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 Asheville Regional Office, telephone number (828) 296-4500, 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. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, 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. IV. GROUNDWATER REQUIREMENTS 1. The wet weather storage and five-day upset ponds shall have either a liner of natural material at least one (I) 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 211.0219(f). 2. The COMPLIANCE BOUNDARY and REVIEW BOUNDARY for the waste disposal area(s) is specified by regulations in 15A NCAC 2H, Waste Not Discharged to Surface Waters, specifically .0219(k)(1)(C)(i)(IID. 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). 3. Waste shall not be applied or discharged onto or below the land surface when the vertical separation between the waste and the seasonal high water table is less than one (1) foot. V. INSPECTIONS Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 2. The Penmittee 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 213.0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 2H .0500. 7. The Permittee shall retain a set of approved plans and specifications for the subject facility for the life of the project. 8. The Permittee shall pay the annual administering and compliance fee within thirty days of being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (e)(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 V 26'11 day of April, 2006 NORTH AL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0030012 W Permit No. WQ0030012 April 26, 2006 ENGINEER'S CERTIFICATION Partial Final 1, , 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 Maine 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. 1() 4) —IMI¢ Z � !• tfi Camp Lake James 1IV v7P SITE ASHFORD QUAD 1993 yy 66 3 jjL' } � a, I •''Lobe»S - 7 Y 555 @.. ! t`k...�f '1 % ' � � ! � * Y ; v }; ; a }'q, ��_� � f t v }T�ks '4 �Z _.,: .-. 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RAW 45"45'55+4:00' N81°55110.02" W Olev 13'31'ft �: sirea in0lillilllll 100% Eye 61t 14640,fv" STATE OF NORTH CAROLINA COUNTY OF Burke/ McDowell Permit No. OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this 17 th day of March 2006, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Camp Lake James, LLC 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 Burke and McDowell Counties, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Camp Lake James (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. s The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Camp Lake James Master Recreation 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: 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, 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. �. 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 FORM: DEV 09/05 Page i of 2 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 hereto on the day and year written as indicated by each of the parties named below - FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality (Date) Camp Lakes .lames, LLC Name of D, aV OPER : / B' (Signature) Troy Lucas, Authorized Agent & Project Manager Print Name and Title ( Date) FORM: DEV 09/05 Page 2 of 2