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HomeMy WebLinkAboutWQ0023238_Regional Office Historical File Pre 2018ROY COOPER C'HAEL 5. R[G„ N LINDA CU LPEPPER November 19, 2018 Donald Chamblee, Director of Public Works Lincoln County Public Works 11 W. Main Street Lin.colnton NC, 28092 Subject: Change of Ownership Approval Permit No. WQ0023238 Gates at Waterside Crossing — Phase 9 Lincoln County Dear Mr. Chamblee : Division personnel have reviewed and approved. your permit modification request for Permit No. WQ0023238.. This modification is to change ownership of permit WQ0023238 from Waterside Crossing Residential, LLC, to the Lincoln County Public Works. The Lincoln County Public Works is now responsible for the continued operation and maintenance of the subject wastewater collection extension. Our database has been revised to reflect. the ownership change, The Permittee shah[ maintain compliance with. its individual system -wide collection system permit for the operation and maintenance of these facilities as required by 1.5A NCAC 2T .0400 and G.S I.43-215.9B. [fan individual permit is not required, the performance criteria as required by 15A NCAC 02T .0403 shall be met. you need additional rotor 5-2190 or via e-mail at o ation concerning t i uvia a ncdenr. ov after, please contact )ri 1 uvia at 704) 4 Sincerely, o uS gned by: AlBICC681AF27425 In °a Culpepper ter Director, Division of ' t r Roo c by NV, Corey Basinger, Regional ional Supervisor` Water Quality Regional Operations Section Division ision of ` v'at r esources, NCDEQ cc: l arry arif`l'in (previous pe itee a l 09 a ana Ave. Suite l l0 + ornelius, N 28031 Donald l unday p. - q (-copy ) Moores Regional Office File i;1 aser,ticlae` "at er Resources (ventral Tiles (waserfic:ltc `:RCSPERCS (Lase fb State of North Carolina Department of Environmental Quality Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE INSTRUCTIONS FOR FORM: PNOCF 01-16 urces EXISTING PERMITT'EE INFORMATION: 1. Permittee's name: Waterside Crossing Residential, LLC 2. Signature authority's name: La.rry Grif n Jr. per 15 ik NCACµ02T.00106b) 3. Signature authority's title: Managiatg Nlcmher 4. Permittee's mailing address:: 19109 W Catawba Ave., Suite 1 lC) Per. Cornelius State: North. Carolina ,ontac't information: II. APPLICANT INFORMATION: Zip: 28031- Phone number: (704) 896-5552 Fax Number ( Email Address: 1.a.rryjrGligriFfinbrtathers.corn 1. Applicant's name: Lincoln Count° 2. Signature authority's name: Donald V. Chamblee per 15A NCAC t321 . 3. Signature authority's title: Director of Public Works 4. Applicant's mailing address: I f 5West Main Street City: Lincolnton State.: NC. Zip: 28092- Applicant's contact in, Phone number: (704) 736-8497 Fax Number (704) 736-8499 Email Address. dchamblee@lincolncounty^,org 6. Representative's name: Olan C Henderson 7. Representative's title: Engineering Associate 8, Representative's contact information. Phone number. (704) 736-8497 Fax Nut her (704) 736-8499 Email Address: Incountv.org PERMIT .INFORMATION: 1, Existing permit number: WQ0023238 and most recent issuance date: November 4. 2003 2. Reason for the permit application: Name Change If other, attach detailed explanation 3. Has the facility been constructed? Z Yes or L No 4. Has the facility been certified per 155A NC.AC 02 ,E .0116 No FORM: PNOCF 0146 Page '1 of 2 CERHFC(;:ATIONS: Existing Permi ee's Certification per 15 ry `AC (12 f° .0I06 h1. (SignRureathoty's names title frtvm Application item 1.2 & 3) attest that this application has been reviewed by me and is accurate and complete to the best of my kn. vv ied,ge. I understand that prior to reisstrance ofthe permit into the Applicant's name, l will continue to be responsible for compliance %with. the current permit and. any discharge of waste.% ter from this system to surface Waters or the land may result in an enforcement action that may include civil penalties. injunctive relief, andllor criminal prosecution. 1 will also make no claim against the Division of Water Resources should a condition of the existing permit be violated, 1 also understand that if all required parts of this application are note completed and that if all required supporting information and attachments arc not included, this application will he returned to me as incomplete. NOTE -- In accordance with General Statutes 13 ' 15 6'A and ld representation, or certification in any application package shall be guilty o exceed S10,000 as we is emit penalties trp to $25,000 per violation. any person vV'ho knowingly makes any false statement, Class 2 misdemeanor, which may include a line not to Applicant's Certtlica1:ion per I5A NCAC 1, Donald V Chamble lyircefvvr of` Publ 6tb1w. pplication (Si�ute uthorname & title from Application ltem 11.2 ..1 has heen revievv,ed by me and is accurate and complete to the best of my knowledge. 1 understand that after issuance of the permit into the. Applicant's r)ame. I will he responsible .for compliance 'with the /issued. permit and any discharge of wastewater from this non - discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relieff, and/or criminal prosecution. 1 will make no claim against the Division o1Water Resources should a condition of this permit he violated. I also understand that if all required parts of this application package are not completed and that if ail required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE _..- In accordance with General Statutes representation, or certification in any application pac exceed S10,000 as %yell as t:itil penalties up to S25,000 Signature: FORM: PNOCI 01-16 a and I - shall he guilty y" person who knowingly makes any false statement. 2 misdemeanor, which rrtay° include a line not to rf2 Michael F. Easley, Governor \NAr9 pG William G. Ross Jr., Secretary pr North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 4, 2003 Mr. Larry Griffin, Jr., Managing Member Waterside Crossing Residential, LLC • 19141 W. Catawba Ave. Cornelius, North Carolina 28031 Subject: Permit No. WQ0023238 Waterside Crossing Residential, LLC Gates at Waterside- Phase IX Wastewater Collection System Extension Lincoln County, North Carolina Dear Mr. Griffin: In accordance with your application received on October 22, 2003, we are forwarding herewith Permit No. WQ0023238, dated November 4, 2003, to Waterside Crossing Residential, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance With 15A NCAC 2H .0227 or any individual system -wide collection system permit issued to the Permittee, Permitting of this project does not constitute an acceptance of any part of the project that does not meet 1)15A NCAC 2H .0200; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; 3) 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. 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. Mooresville Regional Office Internet http:Ilh2o.enr.state.nc.us! 919 N. Main Street, Mooresville, NC 28115 Telephone (704) 663-1699 Fax (704) 663-6040 DENR Customer Service Center Telephone 1 877 623-6748 NCDENR Mr_ Larry Griffin Page 2 November 4, 2003 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 Waterside Crossing Residential, LLC for the construction and operation of approximately 5,819 linear feet of 8-inch gravity sewer; a 80-gallon per minute pump station with duplex pumps, on - site audible and visual high water alarms, and an on -site generator with automatic transfer switch; as well as approximately 1,380 linear feet of 4-inch force•main to serve 123 three -bedroom residences as part of the Gates at Waterside- Phase IX project, and the discharge of 44,280 gallons per day of collected domestic wastewater into the East Lincoln County Sewer District's Forney Creek WWTP (NPDES No. NC0074012) existing sewerage system, pursuant to the application received October 22, 2003 and in conformity with 15A NCAC 2H .0200; 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 data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall become voidable unless the agreement between Waterside Crossing Residential, LLC and East Lincoln County Sewer District for collection and final treatment of wastewater is in full force and effect. 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. 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 1 50B 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 thismatter, please contact Sonja Williams at (704) 663-1699. Sincerely, for Alan W. Klimek; P.E. cc: Lincoln County Health Department Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0074012) Dan Brewer, Chas. H. Sells, Inc. Water Quality Central Files NDPU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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_ 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permttee shall maintain compliance with an individual system wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAQ 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A. copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; 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. 9. 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 as may be required by this Division, such as the construction of additional or replacement facilities. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 16A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-1699, 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 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter 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. Permit issued this the 4th day of November, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klimel P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0023238 Fast Track Engineering Certification Permit No. WQ0023238 November 4, 2003 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design, calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit. regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial 0 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 Gates at Waterside - Phase IX, Lincoln County project 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 of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) 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. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS MOORESVILLE REGIONAL OFFICE 919 N. MAIN STREET MOORESVILLE NC 28115 The Permittee is responsible for tracking all partial certifications up until a final certification is received. 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. a. If private, applicant will be:. 0 Retaining Ownership (i.e. store, church, single office, etc.) Leasing units (lots, townhomes, etc. - skip to Item 8(3)) Selling units (lots, townhomes, etc. - go to Item B(2b)) East Lincoln Water and Sewer District Owner of Wastewater Treatment Facility (WWTF) Treating 4a„ Forney Creek WWTP Name of WWTF a, Lincoln County Owner of Downstream Sewer TRACK AP. I ICATION for GRAVITY SEWERS, Pti IP STATIONS, AND FORCE USE THE TAB KEY TO MOVE FROM HELD TO FIELD! Owner: Waterside Crossing Residential, LLC Full Legal Name (company, municipality, HOA, utility, etc.) lb. Larry Griffin, Jr., ),/1 An1L&t :./113C-i`: Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing o 'lc. The legal entity who will own this system is: [l Individual ❑ Federal © Municipality E State/County ® Private Partnership 0 Corporation 0 Other (specify): INS PAGE1 Id. 19141 W, Catawba Ave, Street Address NC State 1 h. 704 896-2484 Telephone 2. Project (`scanty) Information: 2a. Gates at Waterside, Phase IX 704 892-8417 Facsimile Brief Project Name (permit will refer to this name) Contact Person: a. Steven Bailey - Chas, H. Sells, Inc. - Project Manager Application Number: (to be completed by DW'Q) Cornelius City 1 g, 28031 Zip Code E-m 2b. Lincoln County Project Name and Affiliation of Someone Who Can Answer Questions About this Application 3b. L704) 662-0100 Phone Number sbailey@chashseHs.com E-mail Project is New 0 Modification (of an existing permit) If Modification, Permit No,: Owner is 0 Public (skip to Item B(3)) t Private (go to Item 2(a)) b. If sold, facilitles owned by a (must choose One ated Public Utility (Instruction 111) I© Homeowner Assoc„/Developer (Instruction IV) astewater From This Project 15b, 8" Receiving Sewer Siz The origin of this wastewater i (check all that apply): ® Residential Subdivision © Apartments/Condominiums 0 Mobile Home Park. © School O Restaurant O Office C] Car Wash 0 Institution © Hospital 0 Church O Nursing Home O Other (specify): 4b, NC0074012 WWTF Permit No, Permit Number of Downstream Sewer Volume of wastewater to be permitted in this project: 44,280 gallons per day 100 0/e Domestic/Commercial If the permitted flow is zero, indicate why: 0 Interceptor Line - Flow will be permitted is subsequent permits that connect to this line 0 Flow has already been allocated in Permit No, © Rehabilitation or replacement of existing sewer with no new flow expected % Industrial % Other (specify): F".'A 02/03 z 0 IRACK.APPLICATLON for GRAVITY SEWERS, LUMP STATIONS, AND FORCE iA S PA. 2 Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H .0219(I) for Item S(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than that in 15A NCAC 2H .0219(I)(1-2) must be approved prior to submittal of this application, Submit a separate request to the Division of Water Quality, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 in accordance with 15A NCAC 2i .0219(I)(3). 123-3 bed 0 home X 360 gpd=44,280gpd 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) 8" 4" ENTER TOTAL LINE LENGTH IN MILES Length (feet) 5,819 ............... 1,380 Summary of Pump Stations to be Permitted (attach additional sheets as necessary) Location ID (as hown on plans) Deslgro Flow (MG©) 75 gpm Operational Point GPM @TON 80gpm @ 65.5 Gravity or Force Main (pull down menu) Gravity Force Main Power Reliability Option (dual line feed, permanent ,generator w/ATS, portable generator wfautodialer, wet well storage C!J ITC 2nd pump, high level alarm generator 12. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable? Yes 0 No If no, please reference the pertinent minimum design criteria or regulation and indicate why a variance is requested: MIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION Have the following permits/certifications been submitted for apprr Wetland/Stream Crossings - General Permit or 401 Certification? Sedimentation and Erosion Control Plan? Stormwater? Ei Yes EJ No Yes 0 No © Yes D No 0 N/A © N/A ® N/A FTA 02/03 �ST-TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 3 C. WATERSHED CLASSIFICATION 1. Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02/03 (FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality regional office (see instructions for addresses) OR indicate the following: • A Watershed slope waterbody; Classification is not needed because all parts of the project are at least 100 feet away from any down AND, ■ A Watershed Classification is not needed because the design does not depend on wet well storage as a power reliability option for any pump station near a Class C down slope waterbody. Location ID 1 of Waterbody Johnson Creek County Lincoln Waterbody Stream River Basin 1 Index Catawba 11-113-(1) Waterbody Classification WS-IV Jf 1 Submit the 8.5" x 11" topographic map as required in Instruction VI regardless of whether a classification is provided! ;-U.) Z ,0`- H Q - V 1L 1— '1:t W 0 L7misdemeanor 1. Applicant's Certification: ! attest that this application for Gates at Waterside, Phase IX has been reviewed by me and is accurate and complete to the best of my knowledge. ! understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being retumed as incomplete. Note: In accordance with North Carolina General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil _nettles up to $25,000 per violation. CT \°3 Signing Official gnature Date 2. Professional Engineer's Ce rcation: / attest that this application for Gates and is accurate, complete and consistent supporting documentation to the best design has been prepared in accordance Gravity Sewers adopted February 12, Stations and Force Mains adopted June Although certain portions of this submittal materials under my signature and seal the proposed design. Note: In accordance knowingly makes any false statement, which may include a fine --..-.-..—..._._.._.._.-.._._...-..-- 2a. Dan E. Brewer, P.E. at Waterside, Phase with the information of my knowledge. ! further with the applicable 1996, and the Minimum 1, 2000 and the watershed package may have signifies that 1 have with NC General representation, or certification not to exceed $10, 000 IX in the engineering plans, attest that to the regulations, Gravity Sewer Design Criteria for the classification in been developed by other reviewed this material and Statutes 143-215.6A in any application as well as civil penalties __ _........_..-.-...._ has been reviewed by me calculations, and all other best of my knowledge the proposed Minimum Design Criteria for Fast -Track Permitting of Pump accordance with Division guidance. professionals, inclusion of these have judged it to be consistent with and 143-215.6B, any person who shall be guilty of a Class 2 up to $25,000 per violation. --—._._.._�.-...._.-.-.._.- „n, n ill n, n„ ••`'`t'\kk CAR I/�+�''•, .T� 4��11,1411ry 1,4 14.4yL = ®+r°oASS1 ''•.,.�9- I r * st - .F - a � A - = 176132 1. =,,4 ... ie,40ii1 S 4,,' ��, * F ��t, �` ,""' �/1» ¢tl''�'V5,,�� ,4�,03 9 j� at Se Si nature & Date Professional Engineer Name • 2b. Chas. H. Sells, Inc. Engineering Firm 2c. 128 Overbill Drive Suite 105 Address d. Mooresville 2e. NC 2f. 28117 City State Zip 2g. (704) 662-0100 2h. (704) 662-0101 2i. dbrewer@chashsells.com Telephone Facsimile E-mail FTA 02/03 STATE OF NORTH CARO. INA COUNTY OF Lincoln Permit No. vu DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 20 day of September, 2.003 , by and 'between the North. Carolina Environmental Management Commission, an agency of the State o North Carolina, hereinafter known as the COMMISSION; and , Waterside Crossing Residential, LLC, , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Lincoln mm� County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Waterside Crossing Residential, LLC (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. Sa The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Gates at. Waterside Crossing Phase 2 Homeowner's Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 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 he 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. E' (1T) T d . T11C [ 7 r1 i /(v, 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 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 Waterside Crossing Residential, LLC MANAGEMENT CO11I*MISSION Name of DEVELOP R Alan W. Klimek, PE., Director Division of Water Quality t f\n A if. TN -CA T !1'1 /C11 • 11/03/03 • Permit Number WQ0023238 Permit Tracking Slip Program Category Non -discharge Status Project Type In review New Project Permit'Type Fast Track Version Permit Classification Gravity Sewer Extension, Pump Stations, & Pressure Sewer Individual Extensions Primary Reviewer Permit Contact Affiliation sonja.williams Permitted Flow 44280 Facility Facility Name Gates at Waterside Phase IX Location Address Owner Malor!Minor • Region Minor Mooresville County Lincoln Facility Contact Affiliation Owner Name Owner Type Waterside Crossing Residential, LLC Non-Govemment Owner Affiliation Larry Griffin, Jr. 19141 W.,Catawba Ave. Cornelius NC 28031 Dates/Events Scheduled Drip Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 10122/03 11 f4,1 b3 Regulated Activities Requested/Received Events Subdivision Wastewater collection Outfall NULL Additional information requested Additional information received Waterbody Name Stream Index Number Current Class Subbasin . . • 1 .2: . ' ti (3771.6 M07) 3N 1 hgL7 1. N CO 10 • Consulting Engine s, Surveyor. :agrarn t October 22, 2003 OCT 2 2 NCDENR, Division of Water Quality 919 N„ Main. Street Mooresville, NC 28115 Reference: Fast -Track Application Package Gates at Waterside Crossing, Phase L\. Lincoln County, North Carolina Ladies and Gentlemen: SUSANTHOU Au�i:S JOE::( Y ai irPEs. Please find attached one copy and one original application titled "Fast -Track Application for Gravity Sewers, Pump Stations and Force Mains" for the above referenced project. Also included in the package is a check for $4.00 for application fee, one original and two copies of the operational agreement, two copies of the flow acceptance letter and an 8.5-inch by 1 1-inch quad map. If you have any questions or require additional information, please contac Respectfully submitted, Chas. H. Sells, Inc. Steven L Bailey Project Manager Cc: rry Griffin Jr., Waterside Crossing Residential, 'LLC 92rYwV4 IN». *Ykffl Emily games uuy.,r rT y. NC North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Corporations Corporations Home Important Notice Corporate Forms Corporations FAQ Tobacco Manufacturers mtVerifv Certification $Online Annual Re orts Secretary Of State Home gBusiness License ®Register for E-Procurement rDe.t. o Revenue 21999 Senate,Bills g2001 Bill Summaries Annual Reports 1997 Corporations 1997 °Other Le islation 1By Corporate Name IFor New Corporation 4'B Re• istered A. ent Online Orders CStart An Order !New Payment Procedures Date: 10/29/2003 Click here to: View Document Filings IjPrint an Entity Report File an Annual Report 1 Print a prepopulated Annual Report Corporation Names Name Name Type Waterside Crossing Residential, LLC Limited Liability Company Information Legal SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent 0443499 Current -Active 11/24/1997 Domestic NC 12/31 /2022 Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Griffin, Michael Lamar 19109 W. Catawba Ave. Suite 110 Cornelius NC 28031 19109 W. Catawba Ave. Suite 110 Cornelius NC 28031 19109 W. Catawba Ave. Suite 110 Comelius NC 28031 19109 W. Catawba Ave. Suite 110 Cornelius NC 28031 For questions or comments about the North Cat For questions or comments concerning the Cori Click hei 1 of 1 10/29/2003 1:46 PM • • • • `1".. . • • COUNTY OF LINCOLN, NORTH CAROLINA 115 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 October 21, 2003 Steven L. Bailey Chas. H. Sells, Inc. 128 Overbill Drive, Suite 105 Mooresville, NC 28117 RE: Proposed Gates at Waterside Phase IX Property — Sewer Availability Dear Mr. Bailey: At this time, the East Lincoln County Sewer District has adequate capacity to serve the referenced addition to the East Lincoln County Sewer District Collection•'System. It is our understanding that the project will consist of 123 residential lots with an estimate flow of approximately 44,280 gpd. The accepting facility is the Forney Creek WWTP, Permit # NC0074012. The Developer shall be responsible for the construction of all mains from the existing system of the East Lincoln County Sewer District. The Developer shall install a tap for each lot at the time of construction. Lincoln County will install water meters on the project after the entire system meets the County's requirements and the applicable fees have been paid. Also be advised that effective immediately, the East Lincoln Sewer District will no Ionger be named as the permittee on NCDENR sewer system applications. Private developers must make applications to NCDENR in their name and the system will only be accepted and transferred to the East Lincoln Sewer District after a complete final inspection and receipt of other applicable documentation. Please note any changes to your submitted drawings and resubmit one (1) copy of all plans and specifications for the Gates at Waterside Subdivision to our office for approval prior to any construction. Please feel free to contact Lincoln County Public Works Department at (704) 736 — 8497 if you should have any questions. Sincerely, Chris Henderson Utility Maintenance Supervisor Subdivision Review Division Cc: File