WQ0031246_Final Permit_20080723

b
Michael F. Easley, Governor
William G. Ross Jr., Secretary
�3 17 North Carolina Department of Environment and Natural Resources
y Coleco H. Sullins Director
Division of Water Quality
July 23, 2008
William N. Adkins, Member -Manager
Waterfront Group NC, LLC
17505 West Catawba Avenue, Suite -150
Cornelius, North Carolina 28031
Subject: Permit No. WQ0031246
Riversound Development
High -Rate Infiltration
Chowan County
Dear Mr. Adkins:
In accordance with your request for permit modification received May 20, 2008, and subsequent
additional information received June 17, 2008 and July 3 2008, we are forwarding herewith Permit No.
WQ0031246, dated July 23, 2008, to Waterfront Group NC, LLC for the construction and operation. of
the subject wastewater treatment and nigh -rate infiltration facilities.
This permit shall be effective from the date of issuance until March 31, 2012, and shall be subject
to the conditions and limitations as specified therein.. Please pay particular attention to the monitoring
requirements in this pen -nit. failure to establish an adequate system for collecting and maintaining the
required operational information will result in future compliance problems. Please pay special attention
to the following conditions:
Condition 11. outlines requirements for the Basin Testing Plan that is to be conducted
following construction and prior to operation of the high rate infiltration basin and
groundwater management system.
Condition 12. requires that a certification from a professional engineer be submitted to the
Division prior to operation of the treatment and disposal facility to verify that the 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.
Submittal of this certification shall also serve as documentation to the Division that as
constructed, the floodplain encroachment of the infiltration basin berm is acceptable to the
Edenton-Chowan County Inspections and Planning Office, per the July 15, 2008 letter from
the Building Inspector and Floodplain Officer.
Condition 1.3. requires submittal of documentation of Deed Restrictions for Lots 256, 257,
and 258 prior to operation of the facilities.
Condition 1.4. requires submittal of the facility Operation and Maintenance Plan to the
Washington Regional Office Aquifer Protection Section prior to operation of the facilities.
NorthCarolina
Naturallff
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone [phone]
Internet: www.ncwaterguahty.org, Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (9I9) 715-0588
Fax2: [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recyeled110% Post Consumer Paper Customer Service: [phone]

Conditions L6. and L 7. require that locations for all groundwater monitoring wells,
piezometers and surface water monitoring points be approved by the Washington Regional
Office Aquifer Protection Section prior to installation.
Attachment A contains phased flow limitations (PPI 001 — PPI 003) corresponding to the
anticipated wastewater treatment plant construction phases.
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.
One set of approved plans and specifications is being forwarded to you. If you need additional
infonnation concerning this matter, please contact Lori Veal at [phone] or lori.veal(a ernai].net.
Sincere
.;,Coleen H. Sullins
cc: Chowan County Health Department
Washington Regional Office, Aquifer Protection Section
Keith Anthony, PE — Shield Engineering, Inc.
Technical. Assistance and Certification Unit
APS Central Files
LAU Piles

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
HIGH -RATE INFILTRATION 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
Waterfront Group NC, LLC
Chowan County
FOR THE
construction and operation of a 200,000 gallon per day (GPD) high -rate infiltration treatment and disposal
facility consisting of
Phase I (treatment capacity up to 100,000 GPD) - one (1) influent flow meter, one (1) mechanically
cleaned cylindrical screen; one (1) 30,000-gallon equalization basin with two (2) 35 gallon per minute
(GPM) equalization transfer pumps and one (1) 2.75 horsepower (hp) equalization mixer; two (2)
Siemens membrane bioreactor units; two (2) rotating drum screens; two (2) 12,300-gallon jet -aerated
anoxic zones served by one (1) 40 cubic feet per minute (CFM) anoxic blower and four (4) 187 GPM jet
mixing pumps; two (2) 12,300-gallon aeration zones served by one (1) 120 CFM aeration blower and four
(4) 187 GPM jet mixing pumps; two (2) 12,300-gallon post -anoxic zones; two (2) 1.75 hp post -anoxic
mixers; dual (2) 174 GPM recirculation pumps; dual (2) 294 GPM mixed liquor return pumps; dual (2)
2,100 gallon membrane tanks; each tank having two (2) membrane cells with ten (10) membrane modules
per cell; one (1) 128 CFM air-sparging blower; one (1) 42,500 gallon aerobic digester served by one (1)
50 GPM decant pump and one (1) 110 CFM sludge blower; dual (2) 76 GPM permeate pumps; four (4)
ultraviolet disinfection units each having two (2) lamps each; one (1) effluent flow meter; and one (1)
turbidity meter; one (1) 150 kW back-up generator with an automatic transfer switch; a groundwater
management system consisting of: twenty-three (23) groundwater management wells each served by one
(1) 10 GPM submersible pump and a water level sensor; to supply one (1) 2.6 million gallon (MG) clay -
lined decorative pond; and one (1) 23.5 MG high rate infiltration basin with a loading rate of 1.29 gpd/ft ;
Phase II (treatment capacity up to 150,000 GPD) -- one (1) influent flow meter; one (1) mechanically
cleaned cylindrical screen; one (1) 30,000-gallon equalization basin with two (2) 35 gallon per minute
(GPM) equalization transfer pumps and one (1) 2.75 horsepower (hp) equalization mixer; one (1)
SiemensT, membrane bioreactor unit with a rotating drum screen; one (1) 12,300-gallon jet -aerated anoxic
zone served by one (1) 40 cubic feet per minute (CFM) anoxic blower and two (2) 187 GPM jet mixing
pumps; one (1) 12,300-gallon aeration zone served by one (1) 120 CFM aeration blower and two (2) 187
GPM jet mixing pumps; one (1) 12,300-gallon post -anoxic zone; one (1) 1.75 hp post -anoxic mixer; one
(1) 174 GPM recirculation pump; one (1) 294 GPM mixed liquor return pump; one (1) 2,100 gallon
membrane tank with having two (2) membrane cells and ten (10) membrane modules per cell; one (1) 128
CFM air-sparging blower; one (1) 42,500 gallon aerobic digester served by one (1) 50 GPM decant pump
and one (1) 110 CFM sludge blower; one (1) 76 GPM permeate pump; two (2) ultraviolet disinfection
units each having two (2) lamps each; one (1) effluent flow meter; and one (1) turbidity meter;
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Phase III (treatment capacity up to 200,000 GPD) - one (1) Siemens' membrane bioreactor unit with a
rotating drum screen; one (1) 12,300-gallon jet -aerated anoxic zone served by the existing Phase 1140
cubic feet per minute (CFM) anoxic blower and two (2) 187 GPM jet mixing pumps; one (1.) 12,300-
gallon aeration zone served by the existing Phase IT 120 CFM aeration blower and two (2) 187 GPM jet
mixing pumps; one (1) 12,300-gallon post -anoxic zone; one (1) 1.75 hp post -anoxic mixer; one (1) 174
GPM recirculation pump; one (1) 294 GPM mixed liquor return pump; one (1) 2,100 gallon membrane
tank with having two (2) membrane cells and ten (10) membrane modules per cell served by the existing
Phase 11 128 CFM air-sparging blower; one (1) 76 GPM permeate pump; and two (2) ultraviolet
disinfection units each having two (2) lamps each
to serve 1,620 bedrooms on 540 lots, a river -house, and employee restrooms at the wastewater treatment
plant and airvac station for Riversound Development, with no discharge of wastes to the surface waters,
pursuant to the application received May 20, 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 March 31, 2012, and shall be subject to the
following specified conditions and limitations:
SCHEDULES [please review the entire permit for reporting, monitoring, and other on -going activities]
Upon completion of construction and prior to operation of the high rate -infiltration basin and
groundwater lowering system, the facilities shall be tested for functionality and adequate infiltration
capacity pursuant to the Basin Testing Plan submitted to the Division on Tune 17, 2008. The
Washington Regional Office, telephone number [phone], shall be notified at least 48 hours in
advance (excluding weekends and holidays) of such testing so that an in -place inspection can be
made. Such notification to the Aquifer Protection Section regional supervisor shall be made during
normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State
Holidays. The results of basin testing and subsequent model verification shall be signed and sealed
by a North Carolina licensed Geologist and submitted to the Aquifer Protection Section, Land
Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. The requested information
must be received and approved in writing by the Aquifer Protection Section prior to the operation of
the subject facility.
2. 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. Submittal of this
certification shall also serve as documentation to the Division that as constructed, the floodplain
encroachment of the infiltration basin berm is acceptable to the Edenton-Chowan County Inspections
and Planning Office, per the July 17, 2008 letter from the Building Inspector and Floodplain Officer.
If this project is to be cam leted in phases.. and partially certified. you shall retain the reponsibility to
track further construction a roved under the same permit, and shall provide a final certificate of
com letion once the entire project has been corn feted. Mail the Certification to the Aquifer
Protection Section, Division of Water Quality, 1636 Mail Service Center, Raleigh, NC 27699-1636.
Prior to operation of the wastewater treatment and disposal facilities, the Permittee shall submit to the
Division documentation that deed restrictions have been recorded with Cbowan County for lots 256,
257, and 258 to ensure that the required 400-foot setback will be maintained between the high rate
infiltration basin and habitable residences under separate ownership in accordance with 15A NCAC
02T .0706(a). Documentation of the deed restrictions shall be mailed to the Aquifer Protection
Section, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636.
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4. ' 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 plant. A
copy of the Operation and Maintenance Plan shall be provided to the Aquifer Protection Section
Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889 prior to
operation of the treatment and disposal system.
5. The Washington Regional Office, telephone number [phone], shall be notified at least 48
hours in advance (excluding weekends and holidays) of operation of the installed facilities so that an
in -place inspection can be made. Such notification to the Aquifer Protection Section 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,
6. Monitoring wells MW-1, MW-2, MW-3, MW-4, MW-5, MW-6, MW-7 and MW-8 shall be approved
by the Washington Regional Office; telephone number [phone] prior to installation and
installed prior to beginning waste disposal operations. The regional office shall be notified at least 48
hours prior to (excluding weekends and holidays) the construction of any monitoring well or
piezometer. Such notification to the Aquifer Protection Section 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. The general location and name for each well is marked on Figure 1. See also well
construction form submittal requirements in Section IV. of this permit.
7. Surface water sampling stations SW-1 and SW-2 and piezometer locations PZ-1, PZ-2 and PZ-3 shall
be approved by the Division of Water Quality Washington Regional Office, telephone number (252)
946-6481, prior to installation and prior to beginning waste disposal operations. The regional office
shall be notified at least forty-eight (48) hours prior to (excluding weekends and holidays) the
installation of any surface water sampling station and/or piezometer. Such notification shall be made
to the regional Aquifer Protection supervisor during normal office hours from 8:00 a.m. until 5:00
p.m. on. Monday through Friday, excluding State Holidays. The general location and name of the
surface water sampling stations are marked on Figure 2 and piezometer locations are marked on
Figure 1.
Within 60 days of completion of all monitoring wells and piezometers, the permittee shall submit two
original copies of a scaled site map (scale no greater than V=100'); however, special provisions may
be granted upon prior approval for large properties. The map(s) must include the following
information:
a. The location and identity of each monitoring well/piezometer.
b. The location of major components of the waste disposal system.
c. The location of property boundaries within 500 feet of the disposal area(s).
d. The latitude and longitude of the established horizontal control monument.
e. The elevation of the top of the well casing (which shall be brown as the "measuring point")
relative to a common datum.
f. The depth of water below the measuring point at the time the measuring point is established.
g. The location of review and compliance boundaries.
h. 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. The maps and
any supporting documentation shall be sent to the N.C. Division of Water Quality, Aquifer Protection
Section, 1636 Mail Service Center, Raleigh, N.C. 27699-1636. The permittee is responsible for the
geographic accuracy of any map submitted, howeverproduced.
9. . A waste -level gauge, to monitor waste levels in the infiltration basin, shall be installed prior to
operation.
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10. No later than six months prior to the expiration of this permit, the Permittee shall request renewat 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 submitted with the permit renewal
application. The permittee shall submit a copy of the declarations and bylaws that documents
compliance with the attached Operational Agreement in accordance with Rule 15A NCAC 02T .0115.
11. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly
owned wastewater collection system within 180 days of its availability to the subject facilities; if the
subject wastewater treatment or disposal facilities are 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.
II. PERFORMANCE STANDARDS
The high -rate infiltration 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 or failure of the high -rate infiltration area to adequately assimilate the
wastewater, 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
and disposal 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.
All wells that are constructed for purposes of groundwater monitoring shall be constructed in
accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water
Supply) and any other state and local laws and regulations pertaining to well construction.
4. Wastewater treatment plant effluent, groundwater management system discharge, and surface water
samples taken in Simon Creek shall not exceed those limits specified in Attachment A.
5. Application rate(s), whether hydraulic, nutrient, or other pollutant shall not exceed those specified in
Attachment B.
The compliance boundary for the disposal system is specified by rules in 15A NCAC 02L,
Groundwater Classifications and Standards. This disposal system was individually permitted on or
after December 30, 1983, therefore, the compliance boundary is established at either 250 feet from
the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste
disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is
subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement
actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C.
7, The Permittee shall apply for a permit modification prior to any sale or transfer of property that
affects a compliance boundary to establish a new compliance boundary.
In accordance with 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall be
constructed within the compliance boundary except as provided by 15A NCAC 02L .0107(g). The
groundwater management well system shall not be subject to this prohibition.
9. The review boundary is established around the disposal systems midway between the compliance
boundary and the perimeter of the waste disposal area, Any exceedance of standards at the review
boundary shall require action in accordance with 15A NCAC 02L .0106.
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10. The facilities permitted herein must be constructed according to the following setbacks:
a. The setbacks for high -rate infiltration sites shall be as follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate
400
ownership:
ii. Any habitable residence or place of public assembly owned by the
200
permittee :
iii. Any private or public water supply source:
100
iv. Surface waters:
50
v. Groundwater lowering ditches:
50
vi. Surface water diversions:
50
vii. Any well with exception of monitoring wells.:
100
viii. Any property line:
200
ix. Top of slope of embankments or cuts of two feet or more in vertical
100
height:
x. Any water line from a disposal system:
10
xi. Subsurface groundwater lowering drainage systems:
50
xii. Any swimming pool:
100
xiii.Public right of way:
50
xiv. Nitrification field:
20
xv. Any building foundation or basement:
15
xvi. Impounded public water supplies:
500
xvii. Public shall groundwater supply:
500
b. The setbacks for treatment and storage units shall be as follows (all distances in feet):
i. Any habitable residence or place 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
11. 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.
12. A usable green area shall be maintained for wastewater disposal. The green area shall have the
capability of accommodating the average daily flow of the facility being served without exceeding the
loading rates of the green area. A "green area", as defined in 15A NCAC 02H .0404 (g)(7), is an area
suitable for waste disposal, either in its natural state or which has been modified by planting a
vegetative cover of grasses or low growing shrubbery.
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III. 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 and high -rate infiltration 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. All waste application equipment must be tested and calibrated at least once per year. Records of the
calibration must be maintained for five years.
4 No type of wastewater other than that from Riversound Development shall be disposed onto the high -
rate infiltration basin.
5. 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.
6. No traffic or equipment shall. be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
7. Public access to the land application sites shall be controlled. Control measure may include fencing
around the wastewater treatment plant and infiltration basins, as well as signage to notify the public of
the presence of wastewater.
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.
9. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
10. Freeboard in the high rate infiltration basin shall not be less than 2 feet at any time.
11. A waste -level gauge, to monitor waste levels in the high -rate infiltration basin, shall be provided. The
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.
12. 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.
13. The infiltration basin shall be periodically dredged to remove deposited materials that may impede
the infiltration process. Records shall be kept on site for a period of five (5) years, and the
Washington Regional Office's Aquifer Protection Section shall be notified prior to dredging.
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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. 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, and
c. Percent from true flow.
4, The wastewater treatment facility effluent, groundwater management system discharge, and surface
water sampling points shall be monitored by the Permittee at the frequency(ies) and parameter(s)
specified in Attachment A. The discharge from the groundwater management system shall be
sampled directly prior to discharge into the decorative pond (Figure 1). The surface water monitoring
samples shall be collected at the locations specified in Figure 2.
The Permittee tracking the amount of wastewater disposed shall maintain adequate records. These
records shall include, but are not necessarily limited to, the following information:
a. Date of high -rate infiltration,
b. Volume of wastewater infiltrated,
c. Loading rates to each infiltration site list in Attachment B
d. Weather conditions, and
6. The Permittee shall maintain adequate records tracking the amount of water disposed via the
groundwater lowering system. These records shall include, but are not necessarily limited to the
following information:
a. Date of groundwater management system pumping,
b. Volume of groundwater pumped, and
c. Weather conditions.
7. Freeboard (i.e., waste level to the lowest elevation on the top of the embankment) in the high rate
infiltration basin shall be recorded weekly.
S. 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.
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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.
la. Monitor wells shall be sampled after construction and within three months prior to initiating waste
disposal operations. Monitor wells shall be sampled thereafter at the frequencies and for the
parameters specified in Attachment C. All mapping, well construction forms well abandonment
forms, and monitorini* data shall refer to the permit number and the well nomenclature as provided in
Attachment_ C and Figure 1.
11. For the initial sampling of the wells as specified elsewhere in the permit, the permittee shall submit a
copy of the GW-1 Form (Well Construction Record) that lists this permit number and the appropriate
monitoring well identification number with the Compliance Monitoring Form (GW-59) for that well.
Initial Compliance Monitoring Forms that do not include copies of the GW-1 form are incomplete
and may be returned to the permittee without being Processed.
12. Two copies of the results of the sampling and analysis must be received on Form GW-59
(Groundwater Quality Monitoring: Compliance Report Form), along with attached copies of
laboratory analyses, by the Division of Water Quality, Information Processing Unit, 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617 on or before the last working day of the month
following the sampling month. Form. GW-59 shall include the number of this permit and the
appropriate well identification number. One Form. GW-59a certification form shall be provided for
each set of sampling results submitted.
13. Three copies of all monitoring data [as specified in Conditions IV.3. and IVA] on Form NDMR for
each point prior to irrigation (PPI) and three copies of all operation and disposal records [as specified
in Conditions N.S. and IV.6. on Form NDAR-2 for every infiltration area shall be submitted on or
before the last day of the following month. If no activities occurred during the monitoring month,
monitoring reports are still required documenting the absence of the activity. All information shall be
submitted to the following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
14. Noncompliance Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone number (252)
946-6481, 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 including ponding in the high -rate infiltration area or
runoff from the high -rate infiltration areas.
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 disposal system resulting in a by-pass directly to receiving waters.
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d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit limitations including, but not limited to, freeboard measurements, effluent
limitations, exceedances of groundwater standards, or overloading of any infiltration area.
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 Pennittee to ensure proper operation
. of the subject facilities.
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 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 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. 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 / 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 NCG010000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500.
WQ0031246 Version 1.1 Shell Version. 070220 Page 9 of 11

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.
7. 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.
S. 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 23`a day of July 2008
NORTH OLINA NVIRONMENTAL MANAGEMENT COMMISSION
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0031246
WQ0031246 Version 1.1 Shell Version 070220 Page 10 of 11

Permit No. WQ0031246
July 23, 2008
ENGINEER'S CERTIIaICATIQN
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 any 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.
WQ0031246 Version 1.1 Shell Version 070220 Page 11 of 11

THIS PAGE BLANK
WQ003I2Y - dersion 1.I

ATTACHMENT A — Limitations and Monitoring Requirements Permit Number: WQ0031246 Version: 1.1
Riversound Subdivision
PPI 001 — W WTP Effluent — Phase 1 (Corresponds to construction and operation of MBR units 1 and 2)
EFFLUENT CHARACTERISTICS
Parameter Description - PCS Code
Chloride (as Cl) - 00940
Nitrogen, Ammonia Total (as N) - 00610
Phosphorus, Total (as P) - 00665
Nitrogen, Total (as N) - 00600
Nitrogen, Nitrate Total (as N) - 00620
BO.D, 5-Day (20 Deg. C) - 00310
Solids, Total Suspended - 00530
Solids, Total Dissolved - 70295
Coliform, Fecal MF, M-FC Broth,44.5C - 31616
Flow, in conduit or thru treatment plant - 50050
pH' - 00400
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average' Weekly Average Daily Maximum'
Frequency
Type
f
3 X yeard
Composite
4
mg/1
2 X month
Composite
2
mg/l
2 X month
Composite
4
mg/1
2 X month
Composite
10
mgll
2 X month
Composite
10
mg/l
2 X month
Composite
15
mg/l
2 X month
Composite
f
3 X yeard
Composite
14b
#/100ml
2 X -month
Grab
100,000
GPD
Continuous
Recorder
6.0-9.0
s.u.
5 X week
Grab
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.
d 3 X year sampling shall be conducted during March, July and November.
'The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
t Parameters with no monthly average limit are subject to monitoring only.
WQ0031246 Version I.I Attachment A Page I of 5

ATTACHMENT A — Limitations and. Monitoring Requirements
Rlversound Subdivision
Permit Number: WQ0031246 Version: 1.1
PPI 002 --- WWTP Effluent — Phase 2 (Corresponds to construction and operation of MBR units 1, 2 and 3)
EFFLUENT CHARACTERISTICS
Parameter Description - PCS Code
Chloride (as Cl) - 00940
Nitrogen, Ammonia Total (as N) - 00610
Phosphorus, Total (as P) - 00665
Nitrogen, Total (as N) - 00600
Nitrogen, Nitrate Total (as N) - 00620
BOD, 5-Day (20 Deb;. C) - 00310
Solids, Total Suspended - 00530
Solids, Total :Dissolved - 70295
Coliform, Fecal MF, M-FC Broth,44.5C - 31616
Flow, in conduit or thru treatment plant - 50050
pHe - 00400
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average' Weekly Average Daily Maximum`
Frequency
Type
e
3 X year"
Composite
4
mg/l
2 X week
Composite
2
mg/l
2 X week
Composite
4
mg/1
2 X week
Composite
10
mg/1
2 X week
Composite
l0
mg/l
2 X week
Composite
15
mg/l
2 X weep
Composite
r
3 X year
Composite
14b
#/loom]
2 X week
Grab
150,000
GPD
Continuous
Recorder
6.0-9.0
S.U.
5 X week
Grab
'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_
d 3 X year sampling shall be conducted during March, July and November.
'The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
Parameters with no monthly average limit are subject to monitoring only.
q
WQ0031/ . . ,'ersion 1.1 Attaclunent A e 2 of

ATTACHMENT A — Limitations and Monitoring Requirements Permit Number: WQ0031246 Version: 1.1
Riversound Subdivision
PPI 003 — WWTP Effluent — Phase 3 (Corresponds to cnstruction and operation of MBR units 1, 2, 3 and 4)
EFFLUENT CHARACTERISTICS
Parameter Description - PCS Code
Chloride (as Cl) - 00940
:Nitrogen, Ammonia Total (as N) - 00610
Phosphorus, Total (as P) - 00665
Nitrogen, 'Total (as N) - 00600
Nitrogen, Nitrate Total (as N) - 00620
BOD, 5-Day (20 Deg. C) - 00310
Solids, Total Suspended - 00530
Solids, Total Dissolved - 70295
Coliform, Fecal MF, M FC Broth,44.5C - 31616
Flow, in conduit or thru treatment plant - 50050
NY - 00400
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average' Weekly Average Daily Maximum.`
Frequency
Type
F
3 X year`'
Composite
4
mg/l
2 X week
Composite
2
mg/1
2 X week
Composite
4
mg/l
,2 X week
Composite
10
mg/l
2 X week
Composite
10
mg/1
2 .X week
Composite
15
mg/l
2 X week
Composite
£
3 .X year
Composite
146
#/100ml
2 X week
Grab
200,000
GPD
Continuous
Recorder
6.0-9.0
S.U.
5 X week
Grab
'Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected during the reporting period.
u 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.
d 3 X year sampling shall be conducted during March, July and November.
,The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
rParameters with no monthly average limit are subject to monitoring only.
WQ0031246 Version 1.1 Attachment A Page 3 of 5

ATTACHMENT A — Limitations and Monitoring Requirements Permit Number: WQ0031246 Version.: 1.1
Riversound Subdivision
PPI 004 — Groundwater Management System Discharge'
EFFLUENT CHARACTERISTICS
Parameter Description - PCS Code
Coliform, Fecal MF, M-FC Broth,44.5C - 31616
BOD, 5 -Day (20 Deg. C) - 00310
Solids, Total Dissolved - 70295
Chloride (as Cl) - 00940
Carbon, Tot Organic (TOC) - 00680
Nitrogen, Nitrate Total (as N) - 00620
Nitrogen, Ammonia Total (as N) - 00610
Nitrogen, Total (as N) - 00600
Phosphorus, Total (as P) - 00665
Flow, in conduit - 50050
pH — 00400
EFFLUENT LIMITS
Monthly Average' Weekly Average Daily Maximum`
V
r
f
f
f
f
f
f
f
f
r
'Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected during the reporting period.
" Monthly average for fecal coliform shall be the geometric mean of all samples collected during the reporting period.
`Daily maximum shall. be the maximum value of all samples collected during the reporting period.
d 3 X year sampling shall be conducted during March, July and November.
The discharge from the groundwater management system shall be sampled at a point prior to discharge to the decorative pond.
f Parameters with no monthly average limit are subject to monitoring only.
MONITORING REQUIREMENTS
Frequency
Type
2 X month
Grab
2 X month
Grab
3 X year
Grab
3 X year
Grab
3 X year
Grab
2 X month
Grab
2 X month
Grab
2 X month
Grab
2 X month
Grab
Continuous
Recorder
2 X month
Grab
41
WQ00312 ._ : ersion 1.1 Attachment A e 4 of 5

ATTACI LMENT A — Limitations and Monitoring Requirements Permit Number: WQ0031246 Version: 1.1
Riversound Subdivision
PP.I SW-1 — Surface Water Monitoring Point I'
EFFLUENT CHARACTERISTICS ElFFLITENT LIMITS MONITORING REQUIREMENTS
Parameter Description - PCS Code Monthly Average' Weekly Average Daily Maximum' Frequency Type
Nitrogen, Total (as N) - 00600 a 3 X year' Grab
Phosphorus, Total (as P) - 00665 a 3 X year' Grab
Flow, in stream - 50050 3 X year' Instantaneous
'Monthly averages shall be the arithmetic mean of all samples collected during the reporting period.
b Daily maximum shall be the maximum value of all samples collected during the reporting period.
Surface water monitoring point SW-1 shall be sampled at a location in the unnamed tributary to Middleton Creek upstream of the decorative pond discharge (Figure 2),
d Parameters with no monthly average limit are subject to monitoring only.
' 3 .X year sampling shall be conducted during March, July and November.
PP.I SW-2 — Surface Water Monitoring Point 2'
EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS
Parameter Description - PCS Code Monthly Average' Weekly Average Daily Maximum' Frequency Type
Nitrogen, Total (as N) - 00600 d 3 X year' Grab
Phosphorus, Total (as P) - 00665 d 3 X year' Grab
Flow, in stream - 50050 3 X year' Instantaneous
'Monthly averages shall be the arithmetic mean of all. samples collected during the reporting period.
b Daily maximum shall be the maximum value of all samples collected during the reporting period.
'Surface water monitoring point 5W-2 shall be sampled at a location in unnamed tributary to Middleton Creek downstream of the decorative pond discharge (Figure 2).
`Parameters with no monthly average limit are subject to monitoring only.
3 X year sampling shall be conducted during March, July and November.
GUQ0031246 Version 1.1 Attachment A Page 5 of 5

THIS PAGE BLANK
WQ00312 dersion 1.1

ATTACHMENT B — Approved Land Application. Sites and Limitations
Riversound Subdivision
Permit Number: WQ0031246 Version: 1.1
Basin Owner County Latitude Longitude Net Dominant parameter Rate Yearly Units
Acrea a Soil Series Max
i Waterfront Group NC LLC Chowan 36'04'22"-76'29'32" 3.91 Dogue 0 12 84 - Application Surface .lrrigatio.n 1.29 GPDIW
Total
3.91
WQ0031246 Version 1.1 Attaclunent B Page 1 of 1

TMS PAGE BLANK
WQ003121, . ; exsion. 1.1

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Riversound Subdivision
Monitoring wells: MW-1, N1W-2, MW-3, MW-4, MW-5, MW-6, MW-7 and MW-8:
Permit Number: WQ0031246 Version: 1.1
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORINC REQUIREMENTS
Parameter Description - Parameter Code
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
Water level, distance from measuring point - 82546
3 X Year
Calculated
1, 2, 3
pli - 00400
6.5 s.u.
8.5 s.u.
3 X Year
Grab
1,2
Coliform, Fecal Ml±, M-FC Broth, 44.5C - 31616
3 X Year
Grab
1
Solids, Total Dissolved _. 180 Deg C - 70300
500 mg/l
3 X Year
Grab
1
Carbon, Tot Organic (TOC) - 00680
3 X Year
Grab
1,6
Chloride (as Q - 00940
250 mg/l
3 X Year
Grab
1
Nitrogen, Ammonia Total (as N) - 00610
3 X Year
Grab
l
Nitrogen, Nitrate Total (as N) - 00620
10 mg/1
3 X Year
Grab
1
Phosphorus, Total (as P) - 00665
3 X Year
Grab
1
Volatile Compounds, (GC/MS) - 78732
Ann 1.1
Grab
1, 4, 5
1.
2,
3.
4.
3 X year monitoring shall be conducted in March, July & November; Annual monitoring shall be conducted every November.
The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The
measurement of pH shall be made after purging and prior to sampling for the remaining parameters.
The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points
(top of casing) of all monitoring wells shall be surveyed relative to a common datum.
Volatile Organic Compounds (VOC) -In November only, analyze by one of the following methods:
D
WQ0031246 Version 1.1 Attachment C Page I of 3

a. Standard Method 6230D, PQL at 0.5 µg/L or less
b. Standard Method 6210D, PQL at 0.5 µg/L or less
C. EPA Method 8021, Low Concentration, PQL at 0,5 µg/L or less
d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less
e. Another method with prior approval by the Aquifer Protection Section Chief
Any method used must meet the following qualifications:
a. A laboratory must be DWQ certified to run any method used.
b. The method used must, at a minimum, include all the constituents listed in Table VilI of Standard Method 6230D.
C. The method used must provide a PQL of 0.5 µglL or less that must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any
constituents detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported.
If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Washington .Regional Office Aquifer Protection Supervisor, telephone
number [phone], must be contacted immediately for further instructions regarding any additional follow-up analyses required.
6. If TOC concentrations greater than 10 mg/1 are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents
comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally
occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as
described above. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment.
Monitoring; wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment.
WQ00312 ..__. Version 1.1 Attachment C age 2 of 3 .

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Riversound Subdivision
Piezometers: PZ-1, PZ-2 and PZ-3
Permit Number: WQ0031246 Version: Li
GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS
Parameter Description - Parameter Code Daily Maximum .Frequency Measurement Sample Type Footnotes
Water level, distance from measuring point - 82546 3 X Year Calculated 1, 2, 3, 4
3 X year monitoring shall be conducted in March, July & November.
2. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. Jhe measuring points
(top of casing) of alt monitoring wells sbai3 be surveyed relative to a common datum.
Piezometers shall be reported consistent with the nomenclature and location information provided in Figure l and this attachment.
WQ0031246 Version 1.1 Attachment C Page 3 of 3

WQ0031246 — Figure 2
Riversound Development

STATE OF NORTH CAROLINA
COUNTY OF Chowan Perm —it No, � rJ_� �J_31 Z,�' La
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this _13 day of
Fenruary2a07_, by and between the North Carolina Envirgrz^aental Management
Co3mmissioa, an agency of the State of North Carolina, hereinafter known as the COIITMISSION; and
Waterfront Group NC, LLC , a corporation general partnership
registereddicensed 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 Chowan County,
upon which it is erecting and will erect dwelling units and. other improvements, said development to be
known as Riversound Development (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with putnps, wastewater treatment
works, andJor 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.
The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the Riyersound 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 comrnon elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide fi ds 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 CONINIISSION 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 or --der to change the naive 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.
The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maL-itenance of its Disposal System until a permit has been reissued to the
DEVELOPER's successor.
FORM: DEV 09105 Page 1 of 2

4, 'i'lie 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 Li conformity with law and the provisions of the permit for constriction, 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 corrrnon element, which will receive the highest priority for
expenditures by the Associations 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 f€rnd be. created out of the comxnon
expenses. Such farad shall be separate from the routine maintenance fa cis allocated for the facility and
shall be part of the yearly budget.
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.
T 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 azd 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 COMMMSSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1, 2, S, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the constriction, 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 WI-IEREOF, 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 THEE IRONME L
MANAGE NT O ��'r ON
Ial W. Klimek, P.E., Director
Division of Water Quality
Waterfront Group, NC LLC
DEVELOPER.
By: '4 � e,--'
(Signature)
_Mark Adkins, Member Manager
Print Name and Title
(Date) (Date)
FORM: DEV 09105 Page 2 of 2