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HomeMy WebLinkAboutWQ0040096_Regional Office Historical File Pre 20184 E Governor Water Resources ENvrRONF?ENIAL QUAL{TY MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director July 10, 2018 David Howey, Manager Rufus Road Partners, LLC 11220 Elm Lane, Suite 200 Charlotte, NC 28277 Subject: Permit No. WQ0040096 Rufus Road Partners, LLC Wildbrook, Phase 3 Wastewater Collection System Extension Permit Lincoln County Dear Mr. Howey: In accordance with your application received June 20, 2018, and additional information received on July 9, 2018, we are forwarding herewith Permit No..WQ0040096 dated July 10, 2018 to Rufus Road Partners, 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein.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 the following conditions contained within this permit: Condition I1.1: This permit shall not be automatically transferable; a request must be made and approved. - Condition II.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. It shall be the 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 § I43-215.6C, 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 150B 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. State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704 663 1699 If you need additional infOrma n concerning this .matter, Tease contact Ori Tuvia a via e-mail at ori.tuviagncdepr.gov. Sincerely, DocuSigned by: A14CC681 AF27425.,. by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: David Lutz (P.E.) (E-copy) Mooresville Regional. Office Files Water Resources Central Files PERCS (E-copy) (7 4) 235-2190 or Page 2 of 8 Environmental Quality STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY WASTEWATER COLLECTION SYSTEM EXTENSION 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 the Rufus Road Partners, LLC Lincoln County for the construction and operation of approximately 886 linear feet of 8-inch gravity sewer, to serve 23 single family 3 bedrooms homes as part of Wildbrook, Phase 3 Development, and the discharge of 5,520 gallons per day of collected wastewater into the Lincoln County existing sewerage system, pursuant to the application received June 20, 2018, and additional information received on July 9, 2018, and in conformity with 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 data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. DocuSigned by: A14CC681 AF27425... by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ By authority of the Environmental Management Commission Permit Number: WQ0040096 Permit Issued: July 10, 2018 Page 3 of 8 SUPPLEMEN T TO PERMIT COVER SHEET Rufus Road. Partners LLC is hereby authorized to: Construct., and then operate ,upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system. shall be treated in the Killian Creek Regional Wastewater Treatment Facility in accordance with Permit Number NC0088722. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 1.5A NCAC 2'T; 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 caantingent upon compliance with the Standard Conditions and any Special Conditions identified below. SPECIAL CONDITIONS I;)'No flow in excess of the quantity permitted herein, 5,520 GPD, s.hail be made tributary to the subject sewer system until an application for pernt.it modification for an increase in flow' has been submitted to and approved by the Division, [15A NCAC 02T.0304 (b)] II. STANDARD CONDITIONS This permit i not 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 1.43-2I5.1((d3)i 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 NC.AC 02T.01 'I0] 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 main. twined and operated at all times. The Permtttee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC '2T .0403r If an individual permit is not required, the following performance criteria shall be met: [I SA NCAC (12T .0108(b)]: a. The sewer system shall be effectively maintained and operated at all time to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. Page 4 of 8 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 documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. 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. A Grease Control Program is in place as follows: 1. 2. 3. 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 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. 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. 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. The Permittee shall report by telephone to a water resources staff member at the Mooresville Regional Office, telephone number (704) 663-1699, 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 (800) 858-0368 or (919) 733-3300. Page 5 of 8 Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Farris 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 11 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- 215.1 C(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)] Upon completion of construction and prior to operation of these permitted facilities the completed Fngineering 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 a.pp'licable, 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 shalt subject the Permittee to appropriate enforcement actions. if the permit is issued to a pri°rat Articles of Incorporation, Declarations/Cov'enantsfRestrietions, and Bylaws that have been appropriately bled with the applicable County's Register of Deeds office shall be submitted with the certification. n Operational Agreement, then a copy of the A complete certification is one where the firm 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. One copy of the supporting applicable design calculations `including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main,ability to flush low points in. force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all. the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the N°1inimum 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 pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the n.umberltype 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 Page 6 of 8 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 .0104; 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 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)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: RUFUS ROAD PARTNERS, LLC PERMIT #: WQ0040096 PROJECT: W'ILDBROOK, PHASE 3 ISSUE DATE: JULY 10, 2018 This project shall not be considered complete nor allowed to operate in accordance with standard Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Regional Supervisor, Water Quality Regional Operations Section at the address noted in the. page Tooter. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received by the Division. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION 1, 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 Perrnittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Nance, Title gnature Date ENGINEER'S CERTIFICATION 1, , as a duly registered Professional 1 ineer in the State of North Carolina, having been authorized to observe (1 periodically,fl weekly, En fuull 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 construction such that •the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (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 Professiernal Engineer's Seal w/signature & date: F.ival 0 Partial (include description) Certification Comments/Qualifiers (attach if necessary): NC DWR — Water Quality Regional Operations Section 610 East Center Avenue, Suite 301, R toaresvifle, NC 28115 Mooresville Regional Office Phone: (704) 663-1699 FAX. (704)-633-6040 STA 1'E OF NORTH CAROLINA COUNTY OF LINCOLN Permit No. �/�i (©o `1 - d o q of OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this day jtk Li 2018 , by and between the North Carolina Environmental Management Commission, anagency of the State of North Carolina, hereinafter known as the COMMISSION; and RUFUS ROAD PARTNERS, 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 County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as WILID BROOK SUBDIVISION (hereinafter the Development). 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 permitpursuant 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 o'the North Carolina General Statutes. 8.coThe IVELOPER has caused to be formed or will cause to be formed at the time of filing of the 21.1 Decjaition, the (Unit Owners Association) • (hereinafter a c5'As0rtion), a non-profit corporation orgnni7ed and existing under and by the virtue of the laws of the _,Sta gf 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 landsnd improvements subject to unit ownership, including the Disposal System; and of collecting dues and aessments to provide funds for such operation, maintenance, re -construction and repair. 0 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 perrnit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System ito 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 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 11-17 Page 1 of 2 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 Shalt lie 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. 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. ll. 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. The agreements set :forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall he conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal Systern. 10. A copy of this agreement shall be filed at the Register of Deeds in the Countyti.es) 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: 7 Name of DEVE FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION inda CulpepperInterim Director Division of Water Resources FORM: DEV 11 17 Page 2 of Dtvlslart of Water Resource s State of North Carolina Department of Environmental Quality Division of Water Resources 1.5A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION FTA.04-16 & SUPPORTING DOCUMENTATION Application Number; All items must be completed or the application will be returned APPLICANT INFORMATION: 1. Applicant's name: Rufus Road Partners, LLC (company, motticipality, 1JOA, utility., etc.; Applicant type: ❑ Federal Corporation 7 General Partner: State/County ❑ Municipal s narnc: David S. I Lowey Title: Manager 4. Applicant's mailing address: 11220 Elm Lane, Suite 200 City: Charlotte State; NC Zip: 28277- 5. Appliccant's contact information: Phone number: (803) 381-5921 Email Address: Joe Dority PROJECT INFORMATION: 1. Project name: Wildbrook, Phase 3 2. Application/Project status: ® Proposed (New Permit) If a modification, provide the exis LI Privately -Owned Public Utility per 1SA NCAC 02T .0106(b) othom Existing Per.rrnitiProject. lumber: WQ00 and issued date: 1f new constructbut part of a master plan, provnde the existing permit number: WQ00 3. County where project is located: Lincoln 4, Approximate Coordinates (Decimal Degrees): Latitude: 35.47' Longitude: -81.00 5, Parcel 1D (if applicable): 4603-41-2197 (or Parcel ID to closest downstream sewer) 'ONSULTANT INFORMATION: Professional Engineer: David Lutz_ License Number: `1_2866 Firrn: CES Group Engineers. LLP Mailing address: 274 N 1-Iich.way 16 City: Denver State: NC Zip: 28037- Phone number: t704) 489-1500 Email Address p.net. IV. WASTEWATER TREATM ENT -FACILITY (WWTF) INFORMATION: 1. Facility Name: Killian Creek WWTP Permit Number: Owner Name: Lincoln County V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1, Permit Number(s): WQCS00149 Downstream (Receiving) Sewer Size: -k? inch. System Wide Collection le am get-ttait Nu. rtl r( (if applicably); WQCS Owner Nam In County FORM: FTA. 04-16 Page 1. of 5 GENERAL RI QUIR1 f 1ENT l.f'the Applicant is a Privately-Ov c Applicant is 0 ed Public Utility, has a Cert. Ycs ❑t e of Public Convenience and Necessity been attached? A o he sold, has a Developer's Operational Agreement (FORM: DEMO been attached? Z Yes lithe Applicant„„ melProperty Owners' Assc .iatio El Yes 4. Origin ofasfet ater: (elreek all that' apply): ® Residential Owned ❑ Residential Leased ❑ School r` preschool. / day care ❑ Food and drink facilities Ej Businesses / offices r` factories. 5. Nature of \ I'tcwater : No LN/A an Operatierrial A No Retail (shares. cents rs, malls) 7 Retail with food preparation/service ❑ Medical / dental / veterinary' facilities ❑ Church Nursing Home o Oorrtestic/Commercial Yo Corvine In trial (See I SA. NCAC 02T µ01.03(20)) �ls there a Pretreatment Program in effect'? 6. Has a flow reduetron Ifiecrr approved under ISA. NCAC 02T .01 I4( ? r if yes, provide a copy of flow reduction approval letter 7, Summarize wastewater generated by project:; a Z Yes FORM: UOA) been attached'? ❑ Car Wash O Hotel and/or Motels ❑ Swimming Pool /Clubhouse ❑ Swimming Pool/Filter Backwash ❑ Other (Explain in .A.ttachmcnt) Ycs [„ No No No. of Units Flow GPI) Tofu/ 5,520 GPD See 15A NCAC 02T .0114(b),(d), (e)() andeater design flow rates (i,e., minimum flow per dwelling; proposed unknown non-residential development uses; puh'hc asses facilities located nearpublic use areas; and. residential property located south or east of the Atlantic lniracoastal Waterway to be used as vacation. rentals as defined in G.S. 42A-4). b Per 15A NCAC 02T .01 14(c), design flow rites for establishments not identified [in table 15A NCAC 02T,01.14] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. Wastewater generated by project: 5,520 GPD (per 15A NCAC '02T .011.4) Do not include future flows or previously permitted allocations If permitted flow is zero, indicate. why: ❑ Pump Station or Gravity Seiner where flow will be permit in subsequent permits that connect to this line ❑ Flow has already peen allocated in Permit Number: ,em_ El Rehabilitation or replacement of existing sewer with no new flow expected ❑ Other (Explain): FORM: FTA 04-16 Page 2of5 ViI. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - OZT .0 MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) iA'iaterial DIP PVC Section TI 1TT of"tl e 1 1T: C for Peof Gr Section IIi contains information related to minin. Owl -sizing lines to meet minimum slope reduir Pity Sewers contains informa.ti lopes for gravity sewer(s) is not allowed and a vi an relat:cd tc anon of the MDC PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .03O5 & MDC (P mp Stations/Force Mains): COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1, I'rtmrp stat:on number or name: Approximate Coordinates (Decal 3. Design flow of the pump station: 4. Operational point(s) of the pump(s): 5. Summarize the force main' to be pertni 1 Degrees): Power reliability in accordance Standby power Required for all punn, Must be permanent to focihty Or if the pump station has an aver, de: Longitude: - millions gallons per day (firm capacity) gallons per minute at feet total dynam d (for this Pump Statio or pump with automatic activation and tc'Icmct 15A NCAC 02 .t136:}5(ls)(1)(B) e daily Clow greater than or equal to 15,000 gallons per day flow Jess than 15,000 galltaras per day: El Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T .0305 (h.)(l)(C) or E p Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h It shall be demonstrated to the Division that the portable source is owned or contracted by the .applicant (draft agree and is compatible with the station. If the portable power source or pump is dedicated to multiple launrp stations, an evaluation capacities and the rotation schedule of the portable power source or pump, including Crave ita tlae cae of rr rtaultiple station power outage, pttmp stations' storage es, shall be provided A 04-16 Page 3 of 5 ' IX. SETBACKS & SEPARATIONS — (02) Does the project comply with all separaati NCAC 02T.0305 Sc t12t➢0 & 15A NCAC 02T .0305(0): xs found in 15A NCAC 02 T ;0305(f) & (g) imam separations that shall be providedfor sewer Stoma severs and other utilities not listed below (yertical) *Any private or public water su Gass II impounded reservoir tens classified WS (excel water (or tide ek.cvat:ioni dv wer including in bench sout`ce-0 includia e WS-1 ters ofClass I o.r • r WS-V). B, SA, ORW, HQW, or SB fro•m normal ads (ce itctrr I Y.2) E Yes *Any other stream, lake, it clt ny building Top slope^ of embankment Dran y tnd inter xoundrnent, or ground water lowering and surface dram ptc norc vertical het .Any swl Final earth grade (vert s .15A NCAC 02T,03 **Stream classificatic ifnoncompl`iance wit Does the project eomply w Y See the Division's draft sepa No variance is required if the Y As built documents should re6 fee 10 feet 36 inches grins alternatives where separations in 02T_0305(1) cannot be achieved, be identified using the Division's NC Surface Water Classifications wehpage 02T.0305(f 3 txr (g) see St ctioaa of this apphcaation uirements for wetlands? (50 feet of separation) t Yes ❑ No requirements for situations where separation cannot be meet at;ive design criteria specified is utilized in design and construction aeation of areas effected Does the project comply with sctbaaclss fotrnd in the river basin rules per 15A NCAC 02..0200? Yes This would include Trout'Buffered Streams per I5.A NCAC 2B.0202 4. Does the project rec tare coverage/authorinot individual pernxils or 401 Water Quality Certif Does project comply w er a 404 Natio is? 'anted. 'anted from the 401 & Butler Pemuttirt Branch 5A'NCAC 02T.0105(40 (additional perrn I'er 15A NCAC 02T.01(5 c 6 been applied for, or hav sedimentation control plan, n obtained. Issuance of to 6. Does this project include any sewer collectio nmcnrat t ern''u s of c'e. ion l'incs that are, deemed "highiority?" Per 1.5A NCAC 02T_0402. "high -priority sewer" means "`any act positioned parallel to streambanles that is subject to erosion that u u. P Yes No I I N/A. EgYes ❑No N/A Yes No applications are being prepared„ have ce of dependent penults (erosion and contaactiaig surface waters, sipho tcr'orates th.c sewer, details for each line. including tylxe (aerial line, size, High priority lines shall be inspected by the permittee or its documented per 115A NCAC 02T.0403(a)(5) or the permite epresentntt� indi'vidna ten d location). ast once every six -months and inspec na-Wide Collection permit. PTA 04-1 t6 Page 4 of 5 CERTI FICATIONS: Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Pump Stations and. Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? 4 Yes Q No If No, complete and submit the Variance/Alternative Design Request application (VA DC 10-14) and supporting documents for review. Approval of the request is requiredprior to submittal of the Fast Track Application and supporting documents. Professional Engineer's Certification: 1, (Professional Engineer's name from Application Item lll.l.) attest that this application for has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Professional. Engineer's seal,signature, and date: Applicant's Certification per 15A NCAC 02T .01.06(b): his application for has been reviewed by me and is accurate and complete to the best of my knowledge. I 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 returned as incomplete. I understand that any discharge of wastewater from this non - discharge system to surface waters or the land will result inan immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. 1 will make no claim against the Division of Water Resources should a condition ofihis permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting infonmation and attachments are not included, this application package will be returned to me as incomplete. NOTE — In accordance with General. Statutes 143-2I5.6A and 143-215.68, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as welt as civil penalties up to $25,000 per violation. Signature: Date: FORM: FTA 04-16 Page 5 of 5 June 8, 2018 1 inch - 585 feet 01(201304 Jt3¢7H0M6090c1V 0200 4105)€ 017 ©f10XX C00 Fee¢ Li l t l i L' I L LLLLL'_.L.LI(.wtL.1,111 i.L LL J LLL.LLLLLI_L t 1 USGS Map rite a description for your map. i k5 Legend Untitled Polygon Water Resources Environmental Qualm February 1, 2017 Chris Henderson Engineering Associate Lincoln County Public Works 115 West Main Street Lincolnton, NC 28092 Subject: Killian Creek WWTP, NPDES # NC0088722 Residential Flow Reduction Lincoln County Dear Mr. Henderson: ROY COOPER Go verso MICHAEL S. REGAN Sep aruQny S. JAY ZIMMERMAN J hector On January 29, 2007 the Division of Water Quality (now Division of Water Resources) granted a flow reduction for residential flow to Middle Forney Creek WWTP (NC0074012). Middle Forney Creek has been decommissioned and the NPDES permit rescinded, The flow previously being treated at Middle Forney Creek WWTP is now being treated at Killian Creek WWTP. All areas currently served by Killian Creek WWTP and conveyed through pump stations # 15 and # 37 were included in the analysis done for the flow reduction granted in 2007. Based upon the data provided by the County for the 2007 flow reduction, the Division of Water Resources hereby approves the use of 80 GPD per residential bedroom, with a minimum of 160 gpd for one and two bedroom units in all applicable non -discharge permit applications to Killian Creek WWTP (NC0088722). Flow shall be incremented by 80 gpd for each bedroom above two. Regardless of the adjusted design daily wastewater flow rate, at no time shall the wastewater flows exceed the effluent limits defined in the NPDES permit for the treatment facility of exceed the capacity of the sewers downstream of nay new sewer extensions or service connection(s). The granting of this flow reduction does not prohibit the Division from reopening, revoking, reissuing and /or modifying the flow reduction as allowed by the laws, rules, and regulation contained in 15A NCAC 02T, NCGS 143-215.1, or as needed to address changed in State and/or Federal regulations with respect to wastewater collection systems, protection of surface waters and/or wastewater treatment. 'Not Yl to C rr' pares State of North Carolina 1 Environmental Quality 1617 Mail' Service Center 1Raleigh,' North Carolina 27699-161'7 919-707-9000 If you have any questions, please contact me at (919) 807-6383, or via email at deborah, ores denra ov. Sincerely, for S. Jay Zimmerman Director, Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response and Collection Systems Branch Cc: Mooresville Regional Office, Wate Central Files: NC0088722 PERCS (electronic copy) y Regional Operations COUNTY OF LINCOLN, NORTH CAROLINA 3 1 5 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 WWW.LINCOCNCOUNTY,ORG June 14, 2018 Rufus Road Partners, LLC Attn: David S. Howey 11220 Elm Lane, Suite 200 Charlotte, NC 28277 RE: Wildbrook Subdivision Phase III (23 Lots Only) Sewer .Availability Mr. Howey, This letter is provided in response to your request, dated June 8, 2018, for flow acceptance of the wastewater treatment infrastructure (the "System") for the Wildbrook Phase III (23 Lots Only) Development (the "Project"). Lincoln County (the "County") has the actual average daily flow capacity at its Killian Creek Wastewater Treatment Plant to treat the domestic wastewater as requested, and does conditionally grant approval for the Project, subject, however, to the terms and conditions below: 1. The amount of flow requested for the Project is for 23 lots with a total flow of 5,520 gallons per day of additional flow at the NCDENR approved reduced flow rate of 240 gallons per day per home into LS-15; and 2, For the NCDEQ Permits, the receiving sewer treatment facility is the Killian Creek WWTP, Permit #NC 0088722. The sewer collections facility is the East Lincoln County Water and Sewer District, Permit #WQCS 00149; and 3. The County shall not be named as the Permittee on NCDENQ system applications. You must make the application to NCDEQ in your own name for the System; and 4. Acceptance of the System and transferal of the System to the County is subject to the following: a. A complete final inspection and approval of the System by the County, and receipt of other applicable documentation requested by the County; and b. Approval of the System by NCDEQ, and proof provided to the County of a valid permit issued by NCDEQ with an Authorization to Construct (ATC); and c. initiating construction of the Project within two years of the date of this conditional approval. You must notify the Lincoln County Public Works Department in writing when construction of the Project is initiated; and d. The County continuing to have actual average daily flow capacity to treat the domestic wastewater as requested at the time all other conditions precedent have been satisfied. e. A line size gate valve be added as noted on sheet C7.17 adjacent to the fire hydrant assembly located at station 0+08.76 at the end of Cedardale Lane. This acceptance and allocation of flow shall only be effective upon your compliance with all o the above terms and conditions and the County providing an acknowledgment that you have complied with all of the above terms and conditions. Included in this mailing is the Flow Tracking/Acceptance for Sewer Extension. Permit Applications (FTSE -• 04/16) with the County's portion completed. If you have any questions, please do not hesitate to call me at 704-736-8497. Sincerely, Chuck King Engineering Associate Cc: File State of North Carolina Department of Environmental Quality Division of Water Resources Division of We t e., Resource5 Flow Tracking/Acceptance for Sewer Extension Applications (FTSE 04-16) Entity Requesting Allocation: Rufus Road Partners, LLC Project Name for which flow is hei.ng requested: W'ildbrook. Phase 11.1 li re thtttz one .FTSE nwy he required fear a single project if the owner ref tla t' 17TP is not r esr c nsihle Jrr gall UIUp stations along the route of the proposed wastewater flour. Complete this section only if you are the owner of the a. WWTP Facility Name: Killian. Creek WWTP b. WWTP Facility Permit #: NC0088722 c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the e. WWTP facility's actual avg. flow f. Total flow for this specific request g. Total actual and obligated flows to the facility h. Percent of permitted flow used taste 'ate r treatment plant. All i'e wws are in MGD 5 7TP 1.570 1.124 0.006 2.700 80.59% Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the W\V'TP: (A) (R) (C) ( )=(s -C) Design Obligated, Pump Average Daily Approx, Not Yet Total Current Station Etir ri Flow** Current Avg. `tributary Flow Plus (N➢arn.e or Capacity, * (Firm ! pf), Daily Flow, Daily Flow, Obligated Available. Number) MGD MGD 'MGD MGD Flow Capacity*** #15B 1.856 0.742 0.000 0.182 0.1.82 0.560 * The Firm Capacity of any pump station is definead as the maximum pumped flow that can he achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pi) not less than 2.5.. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < A. Downstream Facility Name (Sewer): Lincoln County Sewer System Downstream Permit Number: WQCS00149 Page lof6 FTSE 04-16 III. Certification Statement: I Donald V. Chamblee, Jr. certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment, plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form indicates acceptance of this wastewater flow. '..4s • )'e-Olg Signing Official' Signature Date Page 2 of 6 FTSE 04-16 6/8/2018 - North Carolina Secretary of State Search Results • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a Pre -Populated Annual Report form Limited Liability Company Legal Name Rufus Road Partners, LLC Prev Legal Name KLH Rufus Road, LLC information Sosld: 1543982 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 9/16/2016 Fiscal Month: January Registered Agent: Hawthorne, Keith L Addresses Mailing Principal Office Reg Office 11220 Elm Lane Suite 107 11220 EIm Lane Suite 107 11220 EIm Lane Suite 107 Charlotte, NC 28277-0716 Charlotte, NC 28277-0716 Charlotte, NC 28277-0716 Reg Mailing 11220 Elm Lane Suite 107 Charlotte, NC 28277-0716 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Keith L Hawthorne 11220 Elm Lane Suite 107 h ps://www.sosnc.gov/online_servicesfsearch/Business_RegistrationRe COUNTY OF LINCOLN, NORTH CAROLINA 1 1 5 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 WWW.LINCOLNCOUNTY.ORG June 14, 2018 Rufus Road Partners, LLC Attn: David S. Howey 11220 Elm Lane, Suite 200 Charlotte, NC 28277 RE: Wildbrook Subdivision Phase III (23 Lots Only) Sewer Availability Mr. Howey, This letter is provided in response to your request, dated June 8, 2018, for flow acceptance of the wastewater treatment infrastructure (the "System") for the Wildbrook Phase III (23 Lots Only) Development (the "Project"). Lincoln County (the "County") has the actual average daily flow capacity at its Killian Creek Wastewater Treatment Plant to treat the domestic wastewater as requested, and does conditionally grant approval for the Project, subject, however, to the terms and conditions below: 1. The amount of flow requested for the Project is for 23 Iots with a total flow of 5,520 gallons per day of additional flow at the NCDENR approved reduced flow rate of 240 gallons per day per home into LS-15; and 2. For the NCDEQ Permits, the receiving sewer treatment facility is the Killian Creek WWTP, Permit #NC 0088722. The sewer collections facility is the East Lincoln County Water and Sewer District, Permit #WQCS 00149; and 3. The County shall not be named as the Permittee on NCDENQ system applications. You must make the application to NCDEQ in your own name for the System; and 4. Acceptance of the System and transferal of the System to the County is subject to the following: a. A complete final inspection and approval of the System by the County, and receipt of other applicable documentation requested by the County; and b. Approval of the System by NCDEQ, and proof provided to the County of a valid permit issued by NCDEQ with an Authorization to Construct (ATC); and c. Initiating construction of the Project within two years of the date of this conditional approval. You must notify the Lincoln County Public Works Department in writing when construction of the Project is initiated; and d. The County continuing to have actual average daily flow capacity to treat the domestic wastewater as requested at the time all other conditions precedent have been satisfied. e. A line size gate valve be added as noted on sheet C7.17 adjacent to the fire hydrant assembly located at station 0+08.76 at the end of Cedardale Lane. This acceptance and allocation of flow shall only be effective upon your compliance with all of the above terms and conditions and the County providing an acknowledgment that you have complied with all of the above terms and conditions. Included in this mailing is the Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE — 04/16) with the County's portion completed. If you have any questions, please do not hesitate to call me at 704-736-8497. Sincerely, Chuck King Engineering Associate Cc: File OPERATING AGREEMENT OF RUFUS ROAD PARTNERS, LLC THIS OPERATING AGREEMENT of RUFUS ROAD PARTNERS, LLC (the "Company"), a limited liability company organized pursuant to the North Carolina Limited Liability Company Act, is executed effective as of the date set forth on the cover page of this Agreement, by and among the Company and the persons executing this Agreement as the Members and Managers. ARTICLE I FORMATION OF THE COMPANY 1.1. Formation, The Company was formed on October 15, 2016, upon the filing with the Secretary of State of the Articles of Organization of the Company. In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that the rights and obligations of the parties and the administration and termination of the Company shall be governed by this Agreement, the Articles of Organization, and the Act, 1.2. Name. The name of the Company is as set forth on the cover page of this Agreement. The Managers may change the name of the Company from time to time as they deem advisable, provided appropriate amendments to this Agreement and the Articles of Organization and necessary filings under the Act are first obtained. 1.3. Registered Office and Registered Agent. The Company-s registered office within the State of North Carolina and its registered agent at such address shall be as determined from time to time by the Managers. 1.4. Principal Place of Business. The principal place of business of the Company within the State of North Carolina shall be at such place or places as the Managers may from time to time deem necessary or advisable. Purposes and Powers. (a) The purpose and business of the Company shall be to engage in the purchase, development, ownership and sale of real property and in any [other lawful business for which limited liability companies may be organized under the Act. (b) The Company shall have any and all powers which are necessary or desirable to carry out the purposes and business of the Company, ie the extent the same may be legally exercised by limited liability companies under the Act. 1.6. Term, The Company shall continue to exist perpetually, as specified in the Company=s Articles of Organization, unless the Company is earlier dissolved and its affairs wound up in accordance with the provisions of this Agreement or the Act. 1.7. Nature of Members= Interests. The interests of the Members in the Company shall be personal property for all purposes. Legal title to all Company assets shall be held in the name of the Company. Neither any Member, nor a successor, representative, or assign of any Member, shall have any right, title, or interest in or to any Company property or the right to partition any Property owned by the Company. 1.8. Classification of the Company. The Members hereby acknowledge that the Company will not make an election with the Internal Revenue Service to be treated as an association taxed as a corporation and thus will be taxed as a partnership for federal income tax purposes and that no member, manager, or officer is authorized to make such election unless all of the members agree to do so. any fist of assets compiled in conneohon with such proceeding a statement to the effect that such Membership Interest in the Company i,s subject to certain rights of the other Members render the terms of this Agreement. 11 g Survival of Rights Except as otherwise provided herein, this Agreement shall he binding upon and inure to the benefit of the parties their successors and ;assigns 11,1g, Interpretation and Governing Law Wren the context in which words are used in this Agreement indicates that such is the intent, words ir1 the singular number shall include the plural and vice versa. The masculine gender shall include the feminine anent neuter The Article and Section headings or titles shall not define, limit, extend or interpret the scope of this Agreement or any particular Article or Section This Agreement shall be governed and construed in accordance with the t'avrsof the State of North Carolina without giving effect to the conflicts of laws provisions thereof 1'1.11. Severabillty If any provision, sentence phrase, or word of this Agreement or the application thereof to any person or circumstance shall be ineid invalid, the remainder of this Agreement, or the application of such provision, sentence, phrase, or word to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby. 11.12 Agreement in Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument, in addition, this Agreement may contain more than one counterpart of the signature pages and this Agreement may be executed by the affixing of the signatures of each of the Members to one of such counterpart signature pages, all of such signature pages shall he read as though one, and they shall have the sarne force and effect as though all of the signers had signed a single signature page_ 11 13. Tax. Matters Partner F or purposes of this Agreement, the Managers shall designaone Member as the Tax Matters Partner as required by the Code and 1 reasury Regulations. 11.14, Creditors Not Benefited. Nothing in this Agreement is intended to benefit any creditor of the Company or of any Member. No creditor of the Company or of any Member will be entitled to require the Managers to solicit or accept any loan or additional capital contribution for the Company or to enforce any right which the Company or any MVlen`bber may haveagainst aMember, whether arising under this Agreement or otherwise. IN WITNESS WHEREOF, the undersigned, being all of the Managers and Members ofthe Company, have caused this Agreement to be duly adopted by the Company and do hereby assume and agree to be bound by and to perform all of the terms and provisions set forth in this Agreement Q PA,NY; RUFUS ROAD PARTIR, LLC MANAGER; .274. N Hwy 1 6„ Suite 300 engineers Denver, NC 28037 pflanners T 704.489,1500 surveyors F 704,489,6500 sere nristg www, ces-group„net CES Group Engineers, LLP k,VBENC: / DBE WE / SBE SPSE NCHt.B3 / WOS8 June 18, 2018 Mr. Ori Tuvia North Carolina Department of Environmental Quality Water Resources Section 610 E. Center Avenue Mooresville, NC28301-5094 Re: Wildbrook Subdivision — Phase 3 Gravity Sewer Line Lincoln County, NC Project Number 6798.0916 Dear Mr, Tuvia, Included are the design plans for 886 linear feet of eight (8) inch gravity sewer line to serve 23 new single-family homes for the Wildbrook Subdivision located at 1060 Rufus Rd, Denver, North Carolina, CES Group Engineers, LLP (CES) is pleased to present these plans for review and permitting through the Fast Tract Sewer System Extension Application. These plans are for Phase 3 of the subdivision and will include 23 lots with a flow allocation of 5,520 GPD. Flow allocation is based on an average 3 bedroom home per lot at buildout. The buildout for Phase 3 will be for a peak design flow of 9,6 gallons per minute (gpm). These plans are submitted on behalf of the Owner Hawthorne Development Group. Once complete, the sewer infrastructure will be deeded to Lincoln County for ownership, operation, and maintenance. The property consists of one land parcel recognized by Lincoln County GIS as Parcel ID number 4603-30-1845. The parcel consists of approximately 73 acres. These plans are for your review and comment. Should you have any questionsplease feel free to contact me at (704)-489-1500. Respectfully, CES GROUP ENGINEERS, LLP Josh Peeler, E.I. Civil Project Manager