WQ0033710_Final Permit_20090227

r
NC- ENR
North Carolina Department of Environment and Natural Resources
Division of Water`Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 27, 2009
Mr. Christian H. Trask
HCT Pender, LLC
2511 Canterbury Road
Wilmington, North Carolina 28403
Subject: Permit No. WQ0033710
Lane's Ferry
High -Rate Infiltration
Pender County
Dear Mr. Trask:
Dee Freeman
Secretary
In accordance with your permit application received January 14, 2009, and subsequent additional
information received February 11, 2009, we are forwarding herewith Permit No. WQ0033710, dated
February 27, 2009, to HCT Pender, LLC for the construction only of the subject wastewater treatment and
high -rate infiltration facilities and conceptual approval only of the subject groundwater lowering system
and associated force main.
This permit shall be effective from the date of issuance until January 31, 2014, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements in this permit. Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems. Please pay
special attention to the following conditions:
Condition L1. provides approval for construction only of the subject wastewater treatment plant
and high rate infiltration basins, and provides conceptual approval only for the groundwater
lowering system, (including the groundwater pump station and groundwater force main).
Therefore, the permit currently allows zero flow from this facility pending submittal of the
required DOT easement for the groundwater force main crossing NC Hwy 210. Upon submittal
of the required easement documentation, the Permittee may request modification of the permit to
allow system constniction/operation.
Attachment A provides phased monitoring requirements for the wastewater treatment plant
effluent and the groundwater lowering system discharge based upon the construction schedule
detailed in the permit application . Please note that PPI 000 allows zero flow from this facility
until such time as requirements of Condition I.1. is satisfied (see previous comment).
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588; FAX 2: 919-715-60481 Customer Service: 1-877-623-6748
Internet: www.nmateraualitv.om
An Equal Opportunity 1 Affirmative Actor Employer
Nne
orthCarolina
Naturally

Mr. Christian H. Trask
February 27, 2009
Page 2 of 2
Condition I.2. requires that upon completion of construction and prior to operation of high rate -
infiltration Basin #1, the basin shall be tested for functionality and adequate infiltration capacity
pursuant to Chapter 10 of the Operation and Maintenance Plan submitted to the Division on
February 11,2009.
Condition I.3. requires that upon completion of construction and prior to operation of high rate
infiltration Basins #2 and #3, the basins shall be inspected by a licensed Professional Geologist to
verify that the constructed basin will be capable of receiving the wastewater at the permitted
loading rates.
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 Lori Montgomery at [phone] or
[e-mail].
Sincerely,
oleen H. Sullins
cc: Pender County Health Department
Wilmington Regional Office, Aquifer Protection Section
Mark Bissell, PE — Bissell Professional Group
Technical Assistance and Certification Unit
APS Central Files
LAU Files

NORTH CAROLINA
ENVIRONMENTAL MAiVAGEMENT 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
HCT Pender, LLC
Pender County
FOR THE
construction only of a 800,000 gallon per day (GPD) high -rate infiltration treatment and disposal facility
to be constructed in four (4) phases and conceptual approval only of a 1.02 million gallon per day (MGD)
groundwater lowering system to be constructed in four (4) phases, consisting of.
Phase 1 (treatment and disposal = 100,000 GPD): construction only of a manual bar screen with f-
inch openings; three (3) 10,520-gallon aerated flow equalization basins with audible/visual high water
alarms, dual 70 gallon per minute (GPM) equalization transfer pumps, served by one (1) 85 cubic feet per
minute (CFM) blower and a coarse bubble diffuser system; a flow splitter box with chemical feed for
alkalinity adjustment; four (4) 10,520-gallon pre -anoxic basins each with one (1) submersible anoxic
mixer; six (6) 10,520-gallon aeration basins served by three (3) 235 CFM main plant blowers (two
operating and one spare), a fine bubble diffuser system and dual 0.5 horsepower (hp) return activated
sludge recycle pumps; two (2) 6,010-gallon post -anoxic basins each with one (1) submersible anoxic
mixer with chemical feed for carbon source addition; two (2) 4,187-gallon re -aeration basins served by
the main plant blowers and a fine bubble diffuser system, and chemical feed for phosphorus removal; four
(4) hopper bottom type clarifier cells with a total volume of 6,279 gallons with sludge airlift served by the
main plant blowers; three (3) 96 square foot (ft) Pyradeck * fixed media filters each with one (1) 100
GPM media dewatering pump; an ultraviolet (UV) disinfection system consisting of four (4) UV units
with four (4) lamps each and a UV intensity monitor; one (1) ultrasonic effluent flow meter, a turbidity
monitor; three (3) 10,520-gallon aerobic sludge storage tanks served by the main plant blowers and a
coarse bubble diffuser system and one (1) 0.5 hp digester decant pump each; an operator's building with
chemical storage for alkalinity adjustment, carbon source, and phosphorous removal; a 550 kilowatt (kW)
diesel powered emergency generator; an effluent pump station with dual 347 GPM transfer pumps;
approximately 320 linear feet (If) of 8-inch PVC effluent force main; a 1.38 million gallon (MG) high rate
infiltration basin (Basin #1) to be loaded at a rate of 5.33 GPD/ft2; a magnetic flow meter for measuring
flow into Basin #1; and conceptual approval only of approximately 4,675 if of 12-inch perforated PVC
groundwater lowering pipe; a groundwater pump station with dual 496 GPM dewatering pumps and a
groundwater flow meter; and approximately 4,600 if of 12-inch PVC force main for transporting
dewatered groundwater (Phase 1 average = 254,874 GPD) to existing lake for irrigation use (existing lake
discharge to UT of NE Cape Fear River);
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Phase 2 (treatment and disposal = 200,000 GPD): construction only of three (3) 10,520-gallon aerated
flow equalization basins with audible/visual high water alarms, served by one (1) 85 cubic feet per minute
(CFM) blower and a coarse bubble diffuser system; four (4) 10,520-gallon pre -anoxic basins each with
one (1) submersible anoxic mixer; six (6) 10,520,gallgn aeration basins served by two (2) new 235 CFM
main plant blowers (using spare from Phase 1) , a fine bubble diffuser system and dual 0.5 hp return
activated sludge recycle pumps; two (2) 6,010-gallon post -anoxic basins each with one (1) submersible
anoxic mixer with chemical feed for carbon source addition; two (2) 4,187-gallon re -aeration basins
served by the main plant blowers and a fine bubble diffuser system, and alum injection for phosphorus
removal; four (4) hopper bottom type clarifier with a total volume of 6,279 gallons with sludge airlift
served by the main plant blowers; three (3) 96 fr' Pyradeck "' fixed media filters each with one (1) 100
GPM media dewatering pump; three (3) 10,520-gallon aerobic sludge storage tanks served by the main
plant blowers and a coarse bubble diffuser system and one (1) 0.5 hp digester decant pump each; and use
of existing groundwater lowering system equipment to transport dewatered groundwater (Phase 2 average
= 347,970 GPD) to existing lake for irrigation use (existing lake discharge to UT of NE Cape Fear River)
Phase 3 (treatment and disposal = 400,000 GPD): construction only of a mechanical fine screen with a
2.0 MGD capacity; conversion of seven (7) 10,520-gallon Phase 1 tanks to be used in conjunction with
three (3) 10,520 existing Phase I equalization tanks for aerated flow equalization, served by one (1) 235
CFM blower and one (1) 85 CFM blower (converted from Phase 1), a coarse bubble diffuser system, and
dual 278 GPM equalization transfer pumps; a flow splitter box; two (2) 42,935-gallon pre -anoxic basins
each with two (2) 4.3 hp pre -anoxic mixers and chemical feed for alkalinity control; two (2) 122,000-
gallon aeration basins served by three (3) 500 CFM main plant blowers (two operating and one standby),
a fine bubble diffuser system, and dual 1.5 hp return activated sludge recycle pumps; two (2) 16,755-
gallon post -anoxic basins each with one (1) 4.3 hp submersible anoxic mixer and chemical feed for
carbon source addition; two (2) 16,755-gallon re -aeration basins served by the main plant blowers and a
fine bubble diffuser system; two (2) 83,776-gallon rectangular mechanical clarifiers with sludge airlift
served by the main plant blowers; two (2) 220 ft2 multi -media sand filters with one (1) 220 CFM air scour
blower; one (1) 19,250-gallon clearwell with dual 1,760 GPM backwash pumps; one (1) 19,250-gallon
mudwell with dual 120 GPM wasting pumps; conversion of nine (9) 10,520-gallon Phase 2 tanks in
conjunction with three (3) 10,520-gallon existing Phase 2 sludge storage tanks to be used as aerobic
sludge storage served by two (2) 235 CFM blowers and one (1) 85 CFM blower (converted from Phase 1)
and a coarse bubble diffuser system; use of the Phase 1/2 effluent pump station with new dual 1,389 GPM
pumps; approximately 430 if of 8-inch PVC effluent force maid; a 0.72 MG high rate infiltration basin
(Basin #2) to be loaded at a rate of 5.33 GPD/ft2; a magnetic flow meter for measuring flow into Basin
#2; and conceptual approval only of approximately 1,231 if of 12-inch perforated PVC groundwater
lowering pipe; use of the Phase 1/2 groundwater pump station with new dual 1,418 GPM dewatering
pumps and the groundwater flow meter from Phase 1/2 for transporting dewatered groundwater (Phase 3
average = 586,036 GPD) to existing lake for irrigation use (existing lake discharge to UT of NE Cape
Fear River);
Phase 4 (treatment and disposal = 800,000 GPD): construction only of conversion of ten (10) 10,520-
gallon Phase 1 tanks to be used for aerated flow equalization, served by one (1) 235 CFM blower and one
(1) 85 CFM blower (converted from Phase 2), a coarse bubble diffuser system, decommissioning of the
Phase 3 dual 278 GPM equalization transfer pumps and replacement with dual 556 GPM equalization
transfer pumps; two (2) 42,935-gallon pre -anoxic basins each with two (2) 4.3 hp pre -anoxic mixers and
chemical feed for alkalinity control; two (2) 122,000-gallon aeration basins served by two (2) new 500
CFM main plant blowers, a fine bubble diffuser system, and dual 1.5 hp return activated sludge recycle
pumps; two (2) 16,755-gallon post -anoxic basins each with one (1) 4.3 hp submersible anoxic mixer and
chemical feed for carbon source addition; two (2) 16,755-gallon re -aeration basins served by the main
plant blowers and a fine bubble diffuser system; two (2) 83,776-gallon rectangular mechanical clarifiers
with sludge airlift served by the main plant blowers; two (2) 220 ft2 multi -media sand filters with one (1)
220 CFM air scour blower; one (1) 19,250-gallon clearwell with dual 1,760 GPM backwash pumps; one
(1) 19,250-gallon mudwell with dual 120 GPM wasting pumps; conversion of ten (10) 10,520-gallon and
three (3) 5,430-gallon Phase 2 tanks plus one (1) 5,430-gallon Phase 1 tank to be used as aerobic sludge
storage served by one (1) 235 CFM blower (converted from Phase 1) and one (1) new 306 CFM blower
and a coarse bubble diffuser system; use of the Phase 3 effluent pump station with existing dual 1,389
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GPM pumps; approximately 295 if of 8-inch PVC effluent force main; a 0.14 MG high rate infiltration
basin (Basin #3) to be loaded at a rate of 5.33 GPD/fl2; a magnetic flow meter for measuring flow into
Basin #3; and conceptual approval only of•approximately 1,172 If of 12-inch perforated PVC
groundwater lowering pipe; use of the Phase 3 groundwater pump station with existing dual 1,418 GPM
dewatering pumps and the groundwater flow meter from Phase 3 for transporting dewatered groundwater
(Phase 4 average = 1,020,870 GPD) to existing lake for irrigation use (existing lake discharge to UT of
NE Cape Fear River);
to serve 5,895 bedrooms for 1,965 residential units, 400,000 ft2 of retail space, 200,000 ftZ of supermarket
space, office facilities for approximately 800 employees, and restaurant/lounge space to accommodate
approximately 315 seats at Lane's Ferry, with no discharge of wastes to the surface waters, pursuant to
the application received January 14, 2009, 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 January 31, 2014, and shall be subject
to the following specified conditions and limitations:
I. SCHEDULES
This permit provides approval for construction only of the subject wastewater treatment plant and
high rate infiltration basins, and provides conceptual approval only for the groundwater lowering
system, (including the groundwater pump station and groundwater force main). Therefore, the permit
currently allows zero flow from this facility. Prior to the Division granting authorization to construct
and/or operate any part(s) of the subject groundwater lowering system and prior to authorization for
operation of the wastewater treatment and high rate infiltration system, the Permittee shall obtain the
required Department of Transportation (DOT) easement for the groundwater force main crossing of
NC Hwy 210. Once obtained, documentation of the required DOT easement along with a request for
permit modification to allow construction and/or operation of the system shall be submitted to the
Aquifer Protection Section, Division of Water Quality, 1636 Mail Service Center, Raleigh, NC
27699-1636.
2. Upon completion of construction and prior to operation of high rate -infiltration Basin #1, the facilities
shall be tested for functionality and adequate infiltration capacity pursuant to Chapter 10 of the
Operation and Maintenance Plan submitted to the Division on February 11, 2009. The Wilmington
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.
Upon completion of construction and prior to operation of high rate infiltration Basins #2 and #3, the
basins shall be inspected by a licensed Professional Geologist to verify that the constructed basin will
be capable of receiving the wastewater at the permitted loading rates. The results of this inspection,
along with the results of any testing performed shall be signed, sealed 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 acknowledged in writing by the Aquifer Protection
Section prior to operation of the subject facilities.
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4. Upon completion of construction and prior to operation of the permitted wastewater treatment and
high rate infiltration facilities, a certification (see attached form) must be received from a professional
engineer certifying that the permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting materials including the location of all
monitoring wells as applicable. If this project is tb be completed in phases and partially certified you
proviae a nnai ceruncate or completion once me entire project has been completed. Mail the
Certification to the Aquifer Protection Section, Division of Water Quality, 1636 Mail Service Center,
Raleigh, NC 27699-1636.
5. The Wilmington 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. Piezometers PZ-1 through PZ-7 shall be approved by the Wilmington Regional Office, telephone
number [phone] prior to installation. Piezometers PZ-1, PZ-2, and PZ-7 shall be installed
prior to beginning waste disposal operations at Infiltration Basin #1. Piezometers PZ-3 and PZ-4
shall be installed prior to beginning waste disposal operations at Infiltration Basin #2. Piezometers
PZ-5 and PZ-6 shall be installed prior to beginning waste disposal operations at Infiltration Basin #3.
The regional office shall be notified at least 48 hours prior to (excluding weekends and holidays) the
construction of any monitoring well. 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 piezometers shall be constructed such that the water
level in the well is never above or below the screened (open) portion of the well at any time during
the year and in accordance with 15A NCAC 02C .0108. 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.
Within 60 days of permit issuance, the two (2) existing monitoring wells shall be permanently
abandoned. Within 30 days of abandonment, a Well Abandonment Record (GW-30 form) that lists
this permit number and the appropriate monitoring well identification number shall be completed for
each well abandoned and mailed to N.C. Division of Water Quality, Aquifer Protection Section, 1636
Mail Service Center, Raleigh, N.C. 27699-1636. The wells must be abandoned by a North Carolina
Certified Well Contractor according to the North Carolina Well Construction Standards (15A NCAC
02C .0113) and local county rules.
8. A waste -level gauge, to monitor waste levels in high rate infiltration Basins #1, #2, and #3 shall be
installed prior to operation.
9. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew 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.
10. 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.
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H. ' 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 due to improper operation and maintenance, 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.
3. 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. Effluent limitations shall not exceed those specified in Attachment A.
5. Application rates, whether hydraulic, nutrient, or other pollutant shall not exceed those specified in
Attachment B.
6. 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.
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.
8. 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).
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 publi1.c assembly under separate
ownership: .
400
ii. Any habitable residence or place of public assembly owned by the
permittee:
200
iii. Any private or public water supply source:
100
iv. Surface waters:
100
v. Groundwater lowering ditches:
100
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
height:
100
x. Any water line from a disposal system:
10
xi. Subsurface groundwater lowering drainage systems:
100
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 shallow 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:
ii. Any private or public water supply source:
iii. Surface waters:
iv. Any well with exception of monitoring wells:
v. Any property line:
100
100
50
100
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 REOUIREMENTS
1. 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. No type of wastewater other than that from Lane's Ferry shall be disposed onto the high -rate
infiltration area.
4. 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.
5. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
6. Public access to the land application sites shall be controlled. Such controls shall include fencing
around the high rate infiltration basins.
7. The residuals generated from these treatment facilities must be disposed / utilized in accordance with
15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A
NCAC 02T .0708.
8. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
9. Freeboard in high rate infiltration Basins #1, #2 and #3 shall not be less than 2 feet at any time.
10. A waste -level gauge, to monitor waste levels in high rate infiltration Basins #1, #2 and #3, shall be
provided. This gauge shall have readily visible permanent markings indicating the maximum liquid
level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the
temporary liquid storage volume, and the lowest point on top of the dam elevations.
11. 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.
12. 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
Wilmington Regional Office's Aquifer Protection Section shall be notified prior to dredging.
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IV
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 effluent from the subject facilities shall be monitored by the Permittee at the frequency(ies) and
location(s) for the parameter(s) specified in Attachment A.
5. 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. Freeboard (i.e., waste level to the lowest elevation on the top of the embankment) in high rate
infiltration Basins #1, #2 and #3 shall be recorded weekly.
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.
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8. 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.
9. 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 IV.S. and IVA] 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
10. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
796-7215, as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances including infiltration basin breakout.
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.
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.
WO0033710 Version 1.0 Shell Version 090204 Page 9 of 10

V
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities. ,
2. The Permittee or his designee shall inspect the wastewater treatment 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 NCGO10000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500.
5. In the event there is a desire for the facilities to change ownership, or there is a name change of the
Permittee, a formal permit request must be submitted to the Division on official Division forms,
documentation from the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be approved. The
Permittee of record shall remain fully responsible for compliance until a permit is issued to the new
owner.
6. The Permittee shall retain a set of approved plans and specifications for the life of the facilities
permitted herein.
The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority.
WQ0033710 Version 1.0 Shell Version 090204 Page 10 of 10

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 27s' day of February, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
JZ.r oleen . Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WO0033710
WO0033710 Version 1.0 Shell Version 090204 Page I 1 of 10

Permit No. W00033710
February 27, 2009
ENGINEER'S CERTIFICATION
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,
Project Name
Location and County
for the 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.
WQ0033710 Version 1.0 Shell Version 090204 Page 12 of 10

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 000 — W WTP EFFLUENT — CONSTRUCTION ONLY (ZERO FLOW)
Permit Number: W00033710 Version: 1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in conduit or thin treatment plant - 50050'
0
GPD
Continuous
Continuous
1. Zero flow is allowed from this facility until such time as permit is modified to allow construction and operation of the groundwater lowering system and operation of the wastewater
treatment and high rate infiltration system.
PPI 001— W WTP EFFLUENT — PHASE 1 (100,000 GPD)
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in conduit or thru treatment plant - 50050
100,000
GPD
Continuous
Continuous
BOD, 5-Day (20 Deg. C) - 00310
10
mg/l
2 X Month
Composite
Solids, Total Suspended - 00530
15
mg/l
2 X Month
Composite
Coliform, Fecal MF, M-FC Broth,44.5C - 31616 (geom.mean)
14 3
#/l00 ml
2 X Month
Grab
Nitrogen, Ammonia Total (as N) - 00610
4
mg/l
2 X Month
Composite
Nitrogen, Total (as N) - 00600 -
7
mg/1
2 X Month
Composite
pit —00400
6.0-9.0
s.u.
5X Week
Grab
Solids, Total Dissolved - 70295
3 X Year'
Composite
Chloride (as Cl) - 00940
3 X Year'
Composite
Phosphorus, Total (as P) - 00665
3
mg/I
2 X Month
Composite
1. 3 X Year sampling shall be conducted in March, July, and November.
2. Monthly average for Fecal Coliform shall a geometric mean.
W00033710 Version LO Attachment A Page 1 of 8

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 002 — W WTP EFFLUENT — PHASE 2 (200,000 GPD)
Permit Number: W00033710 Version: 1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
.
Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in conduit or thru treatment plant - 50050
200,000
GPD
Continuous
Continuous
BOD, 5-Day (20 Deg. C) - 00310
t0
mg/l
2 X Week
Composite
Solids, Total Suspended - 00530
15
mg/1
2 X Week
Composite
Coliform, Fecal MF, M-FC Broth,44.5C - 31616 (geom.mean)
14 2
#/l00 ml
2 X Week
Grab
Nitrogen, Ammonia Total (as N) - 00610
4
mg/l
2 X Week
Composite
Nitrogen, Total (as N) - 00600
7
mg/l
2 X Week
Composite
pH — 00400
6.0-9.0
S.U.
5 X Week
Grab
Solids, Total Dissolved - 70295
3 X Year'
Composite
Chloride (as Cl) - 00940
3 X Year'
Composite
Phosphorus, Total (as P) - 00665
3
mg/l
2 X Week
Composite
1. 3 X Year sampling shall be conducted in March, July, and November.
2. Monthly average for Fecal Coliform shall a geometric mean.
W00033710 Version 1.0 Attachment A Page 2 of 8

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 003 — W WTP EFFLUENT — PHASE 3 (400,000 GPD)
Permit Number: W00033710 Version:1.0
EFFLUENT CIIARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in conduit or thm treatment plant - 50050
400,000
GPD
Continuous
Continuous
BOD, 5-Day (20 Deg. C) - 00310
10
mg/l
2 X Week
Composite
Solids, Total Suspended - 00530
15
mg/l
2 X Week
Composite
Coliform, Fecal MF, M-FC Bmth,44.5C - 31616 (geom.mean)
14 2
#/100 ml
2 X Week
Grab
Nitrogen, Ammonia Total (as N) - 00610
4
mg/1
2 X Week
Composite
Nitrogen, Total (as N) - 00600
7
mg/l
2 X Week
Composite
pH — 00400
6.0-9.0
SM.
5 X Week
Grab
Solids, Total Dissolved - 70295
3 X Year
Composite
Chloride (as Cl) - 00940
3 X Year'
Composite
Phosphorus, Total (as P) - 00665
3
mg/l
2 X Week
Composite
1. 3 X Year sampling shall be conducted in March, July, and November.
2. Monthly average for Fecal Coliform shall a geometric mean.
W00033710 Version 1.0 Attachment A Page 3 of 8

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 004 — W WTP EFFLUENT — PHASE 4 (800,000 GPD)
Permit Number: W00033710 Version: 1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in conduit or thm treatment plant - 50050
800,000
GPD
Continuous
Continuous
BOD, 5-Day (20 Deg. C) - 00310
10
mg/l
3 X Week
Composite
Solids, Total Suspended - 00530
15
mg/l
3 X Week
Composite
Coliform, Fecal MF,.M-FC Broth,44.5C - 31616 (geom.mean)
14 2
#/100 rat
3 X Week
Grab
Nitrogen, Ammonia Total (as N) - 00610
4
mg/1
3 X Week
Composite
Nitrogen, Total (as N) - 00600
7
mg/l
3 X Week
Composite
pH-00400
6.0-9.0
S.U.
5XWeek
Grab
Solids, Total Dissolved - 70295
3 X Year r
Composite
Chloride (as Cl) - 00940
3 X Year'
Composite
Phosphorus. Total (as P) - 00665
3
mg/1
3 X Week
Composite
I. 3 X Year sampling shall be conducted in March, July, and November.
2. Monthly average for Fecal Coliform shall a geometric mean.
W00033710 Version 1.0 Attachment A Page 4 of 8

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 005 — GROUNDWATER LOWERING DISCHARGE — PHASE 1(254,874 GPD)
Permit Number: W00033710 Version: 1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
YP
Flow, in conduit or thru treatment plant - 50050
254,874
GPD
Continuous
Recorder
BOD, 5-Day (20 Deg. C) - 00310
2 X Month
Grab
Nitrogen, Ammonia Total (as N) - 00610
2 X Month
Grab
Nitrogen, Nitrate Total (as N) - 00620
2 X Month
Grab
Nitrogen, Total (as N) - 00600
2 X Month
Grab
Carbon, Total Organic (TOC) - 00680
3 X Year'
Grab
Chloride (as Cl) - 00940
-
3 X Year'
Grab
pH — 00400
5 X Week
Grab
Solids, Total Dissolved - 70295
3 X Year'
Grab
Phosphorus, Total (as P) - 00665
2 X Month
Grab
Y
I. 3 X Year sampling shall be conducted in March, .July, and November.
W00033710 Version 1.0 Attachment A Page 5 of 8

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 006 — GROUNDWATER LOWERING DISCHARGE — PHASE 2 (347,970 GPD)
Permit Number: WQ0033710 Version: 1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in conduit or thru treatment plant - 50050
347,970
GPD
Continuous
Recorder
BOD, 5-Day (20 Deg. C) - 00310
-
2 X Week
Grab
Nitrogen, Ammonia Total (as N) - 00610
2 X Week.
Grab
Nitrogen, Nitrate Total (as N) - 00620
2 X Week
Grab
Nitrogen, Total (as N) - 00600
2 X Week
Grab
Carbon, Total Organic (TOC) - 00680
3 X Year'
Grab
Chloride (as Cl) - 00940
3 X Year'
Grab
pH — 00400
5 X Week
Grab ,
Solids, Total Dissolved - 70295
3 X Year'
Grab
Phosphorus, Total (as P) - 00665
2 X Week
Grab -
1. 3 X Year sampling shall be conducted in March, July, and November.
W00033710 Version 1.0 Attachment A Page 6 of 8

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 007 — GROUNDWATER LOWERING DISCHARGE — PHASE 3 (586,036 GPD)
Permit Number: W00033710 Version:1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in conduit or tbru treatment plant - 50050
586,036
GPD
Continuous
Recorder
BOD, 5-Day (20 Deg. C) - 00310
2 X Week
Grab
Nitrogen, Ammonia Total (as N) - 00610
2 X Week
Grab
Nitrogen, Nitrate Total (as N) - 00620
2 X Week
Grab
Nitrogen, Total (as N) - 00600
2 X Week
Grab
Carbon, Total Organic (TOC) - 00680
3 X Year'
Grab
Chloride (as Cl) - 00940
3 X Year
Grab
PH — 00400
5 X Week
Grab
Solids, Total Dissolved - 70295
3 X Year
Grab
Phosphorus, Total (as P) - 00665
2 X Week
Grab
1. 3 X Year sampling shall be conducted in March, July, and November.
W00033710 Version 1.0 Attachment A Page 7 of 8

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 008 - GROUNDWATER LOWERING DISCHARGE - PHASE 4 (1,020,870 GPD)
Permit Number: W00033710 Version: 1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
- Daily Maximum
Measurement
Frequency
Sample
Type
Flow, in conduit or thru treatment plant - 50050
1,020,870
GPD
Continuous
Recorder -
BOD, 5-Day (20 Deg. C) - 00310
3 X Week
Grab
Nitrogen, Ammonia Total (as N) - 006I0
3 X Week
Grab
Nitrogen, Nitrate Total (as N) - 00620
3 X Week
Grab
Nitrogen, Total (as N) - 00600
3 X Week
Grab
Carbon, Total Organic (TOC) - 00680
3 X Year'
Grab
Chloride (as Cl) - 00940
3 X Year'
Grab
pH-00400
5X Week
Grab
Solids. Total Dissolved - 70295
3 X Year'
Grab
Phosphorus, Total (as P) - 00665
3 X Week
Grab
1. 3 X Year sampling shall be conducted in March, July, and November.
WQ0033710 Version 1.0 Attachment A Page 8 of 8

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS
HCT Pender, LLC — Lane's Ferry
Permit Number: W00033710 Version: 1.0
INFILTRATION AREA INFORMATION
APPLICATION LIMITATIONS
Field/
Basin
Owner
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Rate
Yearly
Max
Units
1
HCT Pender, LLC
Pender
34026'35"
77'51'04"
111
Meggett loam
01284 - Application Surface Irrigation
5.33
gpd/sf
2
HCT Pender, LLC
Pender
34026'32"
77051'03"
1.15
Meggett loam
01284 - Application Surface Irrigation
5.33
gpd/sf
3
HCT Pender, LLC
Pender
34026'29"
77051'02"
1.08
Meggett loam
01284 - Application Surface Irrigation
5.33
gpd/sf
Total
3.44
W00033710 Version 1.0 Attachment Pagel of2

THIS PAGE BLANK
W00033710 Version 1.0 Attachment B Page 2 of

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Lane's Ferry
Piezometers: PZ-1. PZ-2. PZ-3, PZA PZ-5, PZ-6, and PZ-7
Permit Number: W00033710 Version: 1.0
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS -
Parameter Description - Parameter Code
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
Water level, distance from measuring point - 82546
Monthly
Calculated
1, 2, 3
1. 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. The measuring points (top
of casing) of all monitoring wells shall be surveyed relative to a common datum.
3. Piezometers shall be reported consistent with the nomenclature and location information provided in Figure I and this attachment.
WQ0033710 Version 1.0 Attachment C Page I of 1

RGV GI V Qv I ✓Give I ✓r r
STATE OF NORTH CAROLINA Aquifer Protection Section
COUNTY OF Pecs a)e r FEB 18 2009 permit No.
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this a l �� day of
Fe bevary ;� oo 9 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and HCT
Pender, LLC , hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Pender County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Lane's Ferry at Rocky Point (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the Lane's Fenn Association, Inc. (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, 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.
FORM: DEV 06-07 Page 1 of 2

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element, which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or constrict 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 HCT Pender, LLC
MANAGEMENT COMMISSION Name of DEVE OPER
Y �'zizz
�.06leen 9 Sullins, Director (Signature)
Division of Water Quality
11 Christian H. Trask, Member Manager
Ton 9:s4aord , UwQ _.4PS
Print Name and Title
a/2,109 a,
(Date) (Date) r—
FORM: DEV 06-07 Page 2 of 2

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