WQ0039954_Modification_20190710

'0.1*. Ply;.
ROY COOPER ��!,y -mot clt'
Governor `, \ti_ J :FM =r
MICHAEL S.REGAN
Secretary t-, �,o'.:
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
July 10, 2019
Easton C. Brinkley,Owner
SCR8977, LLC
5730 Market Street
Wilmington, NC 28504
Subject: Permit No. WQ0039954 Modification
SCR8977, LLC
Stephens Church Road Private Pressure Sewer
Wastewater Collection System Extension Permit
New Hanover County
Dear Mr. Brinkley:
In accordance with your application received March 20,2019, and additional information received on July
8, 2019, we are forwarding herewith Permit No. WQ0039954, dated July 10, 2019, to SCR8977, LLC
(Permittee) for the construction and operation upon certification of the subject wastewater collection
system extension. This permit shall be effective from the date of issuance until rescinded, shall void
Permit No. WQ0039954, issued August 2, 2018, and shall be subject to the conditions and limitations as
specified therein. This cover letter and supplement shall be considered a part of this permit and are
therefore incorporated therein by reference.
This permit modification is to add six additional lots(2,160 GPD). •
Please pay particular attention to the following conditions contained within this permit:
Condition 1.1: No wastewater flow shall be made tributary to the subject sanitary sewer system until
the downstream sewer(Permit No.WQ0040192)has been constructed,operational,and
the engineer's certification has been received by the Division. [15A NCAC 02T.0116]
Condition 1.4: The Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and shall be a condition
of this permit. Noncompliance with the terms of the Operational Agreement shall
subject the Permittee to all sanctions provided by North Carolina General Statutes§143-
215.6A to§143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. [15A NCAC 02T.0115]
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
D E � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
Norm+CARQU A
of Enviroornerdel llakity 919.707.9000

SCR8977, LLC
Permit No.WQ0039954 Modification
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system
permit issued to the Permittee.
Condition 11.7: Upon completion of construction and prior to operation of these permitted facilities,the
completed Engineering Certification form attached to this permit shall be submitted with
the required supporting documents to the address provided on the form. Permit
modifications are required for any changes resulting in non-compliance with this
permit, regulations,or the Minimum Design Criteria. [15A NCAC 02T.0116]
It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate
design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina
General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to
the licensing board.
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 150E of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made,this permit shall be final and binding.
If you need additional information concerning this matter, please contact Monti Hassan at(919)707-3626
or via e-mail at [e-mail].
Sincerely,
.r....U3. 6zit_il.\....,,,tly-L.n._
for Linda Culpepper
Director, Division of Water Resources
by Deborah Gore,Supervisor
Pretreatment, Emergency Response,Collection System Unit
enclosure: Signed Developer's Operational Agreement
cc: Christopher Millis, PE; Paramounte Engineering, Inc. (cmilliscwparamounte-eng.com)
Wilmington Regional Office,Water Quality Section Regional Operations
Matthew Tribett,Cape Fear Public Utility Authority([e-mail])
Water Resources Central Files:WQ0039954
PERCS(electronic copy)
Page 2 of 9

LEA
NORTH CAROLINA
Environmental Quality
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
SCR8977, LLC
for the construction and operation of approximately 1,890 linear feet of 2-inch pressure sewer and
approximately 590 linear feet of 3-inch pressure sewer; as well as 48 simplex grinder pump stations with
on-site audible and visual high water alarms and associated pressure service laterals; to serve 48 three-
bedroom single family residential units as part of the Stephens Church Road Private Pressure Sewer
project, and the discharge of 17,280 gallons per day of collected domestic wastewater into the Cape Fear
Public Utility Authority's existing sewerage system, pursuant to the application received March 20, 2019,
and additional information received on July 8, 2019, and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of
Environmental Quality and considered a part of this permit.
This permit modification is to add six additional lots(2,160 GPD)for a total of 48 lots.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
for Linda Culpepper
Director, Division of Water Resources
By Authority of-The Environmental Management Commission
Permit Number: WQ0039954 Modification
Permit Issued: July 10,2019
Treatment Facility: James A.Loughlin(Northside)WWTP(NC0023965)
Page 3 of 9

J
SUPPLEMENT TO PERMIT COVER SHEET
The Permittee is hereby authorized to:
Construct,and then operate upon certification the aforementioned wastewater collection extension.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable;and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval
is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in
the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets
the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS
1. No wastewater flow shall be made tributary to the subject sanitary sewer system until the
downstream sewer(Permit No. WQ0040192) has been constructed, operational, and the engineer's
certification has been received by the Division. [15A NCAC 02T.0116]
2. This permit shall become voidable unless the agreement between SCR8977, LLC and Cape Fear Public
Utility Authority for the collection and final treatment of wastewater is in full force and effect. [15A
NCAC 02T.0304(h)]
3. No flow in excess of the quantity permitted herein,17,280 GPD,shall be made tributary to the subject
sewer system until an application for permit modification for an increase in flow has been submitted
to and approved by the Division. [15A NCAC 02T.0304(b)]
4. The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the
terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
Carolina General Statutes§143-215.6A to §143-215.6C for violation of or failure to act in accordance
with the terms and conditions of this permit. [15A NCAC 02T.0115]
5. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump
station identifying name/number, 24-Hour Emergency telephone number, and name of the
owner/operator of the sewer system/pump station and instructions to call the number in the event
of alarm activation or other emergency. Simplex pump stations or vacuum sewer pits serving a single-
family residence may have a placard or sticker on the control panel in lieu of a sign. [15A NCAC 02T
.0305(h)(2)]
6. The Permittee shall be responsible for all individual pumps, tanks, service laterals and main lines as
permitted. This does not prohibit the Permittee from entering into a service agreement with another
entity for maintenance or operation of these units, however, the Permittee shall be responsible for
correcting any environmental or public health problem with the system. [15A NCAC 02T.0304(c)]
Page 4 of 9

7. The Permittee shall obtain all deeds, easements and encroachment agreements necessary for
installation, operation,and maintenance of the system prior to operation. [15A NCAC 02T.0305(c)]
8. The Permittee shall maintain on hand for immediate installation an adequate supply of spare, fully
operational pump units of each type used in the system. [15A NCAC 02T.0305(h)]
Page 5 of 9

II. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved. [15A NCAC 02T.0104;G.S. 143-215.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T.0110]
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 02T.0403. If an individual
permit is not required,the following performance criteria shall be met:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters,and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e.365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute §143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
Page 6 of 9

the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors, enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts(1) and (2)
of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs(a)through(i)of this Rule for a minimum of three
years with exception of the map,which shall be maintained for the life of the system.
5. Noncompliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Wilmington
Regional Office,telephone number(910) 796-7215, as soon as possible, but in no case more than 24
hours,following the occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure,due to known or unknown reasons,that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage,etc.;or _
b. Any SSO and/or spill over 1,000 gallons;or
c. Any SSO and/or spill, regardless of volume,that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number [phone] or [phone].
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved form) within five 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. Part II of Form CS-SSO(or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State. [15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form attached to this permit shall be submitted with the required supporting
documents to the address provided on the form. A complete certification is one where the form is
fully executed and the supporting documents are provided as applicable. Any wastewater flow made
tributary to the wastewater collection system extension prior to completion of this Engineer's
Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. _
Page 7 of 9

If the permit is issued to a private entity with an Operational Agreement,then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings(plan &profile views of sewer lines&force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are
marked up or annotated with after construction information and show required buffers,
separation distances, material changes,etc.
b. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings,on the certification
in the space provided,or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting
in non-compliance with this permit (including but not limited to pipe length changes of 10% or
greater, increased flow, pump station design capacity design increases of 5% or greater, and
increases in the number/type of connections), regulations, or the Minimum Design Criteria.
Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-
case basis and each on its own merit. Please note that variances to the Minimum Design Criteria
should be requested and approved during the permitting process prior to construction. After-
construction requests are discouraged by the Division and may not be approved, thus requiring
replacement or repair prior to certification &activation. [15A NCAC 02T.0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case-by-case basis.Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T.0116]
10. Failure to abide by the conditions and limitations contained in this permit;15A NCAC 2T;the Division's
Gravity Sewer Design Criteria adopted February 12,1996 as applicable;the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials may subject the Permittee to an enforcement action by
the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities,and/or referral of the North
Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0108(b-c)]
11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions,the Permittee shall take immediate corrective action, including those
Page 8 of 9

as may be required by this Division, such as the construction of additional or replacement facilities.
[15A NCAC 02T.0110; 15A NCAC 02T.0108(b)]
12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules,regulations,or ordinances that may be imposed by the Division any other Federal,State,or Local
government agencies which have jurisdiction or obtaining other permits which maybe required by the
Division or any other Federal,State, of Local government agencies. [G.S.143-215.1(b)]
13. The Permittee shall provide for the pump station and force main the following items:
a. Pump Station Reliability [15A NCAC 02T.0305(h)(1)]:
1. Pump stations, except when exempted by Subparagraph (j)(2) of 15A NCAC 02T.0305,
shall be designed with multiple pumps such that peak flow can be pumped with the
largest pump out of service. •
2. A standby power source or pump is required at all pump stations except for those pump
stations subject to Subparagraph (j)(2)of 15A NCAC 02T.0305. Controls shall be provided
to automatically activate the standby source and signal an alarm condition.
3. As an alternative to Part(c)for pump stations with an average daily design flow less than
15,000 gallons per day as calculated using 15A NCAC 02T.0114, a portable power source
or pumping capability may be utilized. It shall be demonstrated to the Division that the
portable source is owned or contracted by the permittee and is compatible with the
station. If the portable power source or pump is dedicated to multiple pump stations, an
evaluation of all the pump stations' storage capacities and the rotation schedule of the
portable power source or pump,including travel timeframes,shall be provided in the case
of a multiple station power outage.
4. As an alternative to Part (ii) for pump or vacuum stations connecting a single building to
an alternative sewer system, wet well storage requirements shall be documented to
provide 24-hours' worth of wastewater storage or, exceed the greatest power outage
over the last three years or the documented response time to replace a failed pump,
whichever is greater. Documentation shall be required pursuant to the permit
application.
b. All pump stations designed for two pumps or more shall have a telemetry system to provide
remote notification of a problem condition to include power failure and high water alarm. [15A
NCAC 02T.0305(h)(1)(E)]
c. High water audio and visual alarm. [15A NCAC 02T.0305(h)(1)(F)]
d. Pump stations shall have a permanent weatherproof sign stating the pump station identifier,24-
hour emergency number and instructions to call in case of emergency.Simplex pump or vacuum
stations serving a single-family residence shall have a placard or sticker placed inside the control
panel with a 24-hour emergency contact number. [15A NCAC 02T.0305(h)(2)]
e. Screened vents for all wet wells. [15A NCAC 02T.0305(h)(3)]
f. The public shall be restricted access to the site and equipment. [15A NCAC 02T.0305(h)(4)]
g. Air relief valves shall be provided at all high points along force mains where the vertical distance
exceeds ten feet. [15A NCAC 02T.0305(h)(5)]
Page 9 of 9

ENGINEERING CERTIFICATION
Permittee: SCR8977,LLC Issue Date:July 10,2019
Permit No: WQ0039954 Modification County: New Hanover
Project: Stephens Church Road Private Pressure Sewer
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit
until the Division has received this Certification and all required supporting documentation,which includes:
• One copy of the project construction record drawings(plan&profile views of sewer lines&force mains)of
the wastewater collection system extension. Final record drawings should be clear on the plans or on digital
media(CD or DVD disk)and are defined as the design drawings that are marked up or annotated with after
construction information and show required buffers,separation distances,material changes,etc.
Permit modifications are required for any changes resulting in non-compliance with this permit. A detailed
description for partial certifications should be attached to this form along with any certification comments.
Certification should be submitted in a manner that documents the Division's receipt. The Permittee is responsible
for tracking all partial certifications up until a final certification is received.
PERMITTEE'S CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the
applicable standards&requirements,the Professional Engineer below has provided applicable design/construction
information to the Permittee,and the Permittee is prepared to operate&maintain the wastewater collection system
permitted herein or portions thereof.
Printed Name,Title Signature Date
ENGINEER'S CERTIFICATION
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 name and
location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the following construction: for the construction and operation of
approximately 1,890 linear feet of 2-inch pressure sewer and approximately 590 linear feet of 3-inch pressure sewer;
as well as 48 simplex grinder pump stations with on-site audible and visual high water alarms and associated
pressure service laterals;to serve 48 three-bedroom single family residential units as part of the Stephens Church
Road Private Pressure Sewer project,and in conformity with the project plans,specifications,supporting documents,
and design criteria subsequently filed and approved. I certify that the construction of the above referenced project
was observed to be built within substantial compliance and intent of the approved plans and specifications.
North Carolina Professional Engineer's Seal w/signature&date:
❑ Final ❑ Partial(include description) •
•
Send the Completed Form&Supporting Documentation to the Following Address:
DWR WATER QUALITY PERMITTING SECTION
WASTEWATER BRANCH—PERCS UNIT
1617 Mail Service Center
Raleigh,NC 27699

STATE OF NORTH CAROLINA � Q� �� 1 q
COUNTY OF kJ •E V ` "ikK)0 �G °� Permit No. k)&O, ® � 15 Li
ti0
„,.,.
DEVELOPER'S OPEgA1 k& L AGREEMENT
This AGREEMENT made pursuant to O 43-215.1 (d1) and entered into this \ day of
2-.t Q( , by and between the North Carolina Environmental Management
Commi on, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
SCR8977.LLC , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as theDEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in NFw HANOVFR County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as STFPFFNS CHI URCH ROAD-ST OFORCTPS (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 or 47F 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, SCR8977 HOA (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 Resources 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 andDeclaration.
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 03-19 Page 1 of 2

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair,maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire 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 apermit.
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 $ -v7 , L. La
MA EMENT COMMISSION Name of EVELOPR
.S. BvC� C-. rzc.�
Linda Culpepper (Signa re) /
Director, Division of Water Resources L--..s (7- A.1 \'(L
n.
Print Name and Title
\ i ` --t\c C - ( Q1 --
(Date) (Date)
FORM: DEV 03-19 Page 2 of 2