WQ0033399_Regional Office Historical File Pre 2018

NCDENR
North Carolina Department of Environment
Division of Water Qua
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
William L. Morgan -President
Vestcor Communities, Inc.
3020 Hartley Road, STE 300
Jacksonville, Florida 32257
Dear Mr. Morgan:
July 13, 2009
nd Natural Resources
Subject: Permit No. WQ0033399 Modification
Vestcor Communities, Inc.
Tax Parcel #051-401-01,02,04,06,07
C-MUD Tracking #600-08-623
Collection System Extension
Mecklenburg County
Dee Freeman
Secretary
In accordance with your request for modification received July 09, 2009, we are forwarding
herewith Permit No. WQ0033399 dated July 13, 2009, to Vestcor Communities, Inc. for the continued
operation of the subject wastewater collection extension. This permit shall be effective from the date of
issuance until rescinded, shall void Permit No. WQ0033399 issued September 10, 2008, and shall be
subject to the conditions and limitations as specified therein. This modification is to change ownership
from WP East Acquistions, LLC to Vescor Communities, Inc.
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 2T .0403 or any individual
system -wide collection system permit issued to the Permittee. If this project had a Finding of No
Significant Impact or Environmental Impact Statement issued, any conditions for issuance of that
environmental document is hereby incorporated into this permit and shall be adhered to in the
construction and operation of the system permitted herein.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0305; the Division of Water Quality's (Division) 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.
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
NorthCarolina
Naturally
Pretreatment, Emergency Response and Collection Systems Unit Internet http://h2o.enr,nc.state.us/peres
1617 Mail Service Center. Raleigh, NC 27699-161.7 An Equal Opportunity Action Employer
Telephone [phone] Fax [phone]% recycled/ 1©% post -consumer paper

Name : Vescor Communties
Date : July 13, 2009
Page 2
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.
If you need additional information concerning this matter, please contact Staff at [phone] .
Sincerely
Coleen H. Sullins
cc: Charlotte Mecklenburg Dept. of Water Quality, Rusty Rozelle
Charlotte Mecklenburg County Health. Dept. of Water Quality
Mooresville Regional Office SWP
Central Files SWP
PERCS Unit (formerly NPDU) files
2

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION 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
Vescor Communities, Inc.
Mecklenburg County
FOR THE
operation of: 965 linear feet of 8 inch gravity sewer and the discharge of 15, 660 GPD of collected wastewater
into the Charlotte Mecklenburg Utilites existing sewerage system, pursuant to the application received July 9,
2009, and subsequent additional information received by the Division, and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of Environment
and Natural Resources and considered a part of this permit; and,
This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0033399
issued September 10, 2008, and shall be subject to the following specified conditions and limitations:
1. This permit shall become revocable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; 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 is 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 Permittee
shall maintain compliance with an individual system -wide collection system permit for the operation and
maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the
following performance criteria shall be met as provided in 15A NCAC 2T .0403:
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 NCAC 2L .0200 or
the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
3

d. Pump stations that are not connected to a telemetry system shall be inspected every day (Le. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at least
once per week. This requirement does not apply to pump stations serving a single building associated
with a properly permitted pressure sewer system.
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 § 143-2] 5.l C.
4. The sewage and wastewater collected by this system shall be treated in the CMU's Mallard Creek
Wastewater Treatment Facility (NPDES Permit No.NC0030210) prior to being discharged into the receiving
stream.
5. Assessing subsequent impacts to the downstream collection system is the complete responsibility of
Charlotte Mecklenburg Utilities. Charlotte Mecklenburg Utilities must utilize whatever tracking tools
necessary for planning additions of sewer flow in order to maintain compliance with the WQCS00001 permit
requirements.
6. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is
a name change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality (Division) accompanied by documentation from the parties involved and other supporting materials
as may be appropriate. The approval of this request will be considered on its merits and may or may not be
approved.
7. Construction of the sewers, pump station(s) and force main 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.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of
the wastewater collection facilities.
9. 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.
10. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and
federal) having jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 28 .0200,
soil erosion and -sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's
General Permit NCGO]0000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and
15A NCAC 2H .0500.
4

15. The Permittee shall maintain on hand for immediate installation a supply of spare, fully operational pump
units of each type used in the pressure sewer system. The number of pumps on hand shall not be less than
10 percent of the number of installed units or one unit, whichever is greater.
16. Each pump station shall be clearly and conspicuously posted with the telephone number of the
owner/operator of the pressure sewer system and instructions to call the number in the event of high water
alarm activation.
Permit issued this the 13th day of July 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Caleen H Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033399
6

11. The Permittee shall provide the following items for the sewer system:
a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in any
centralized pump station serving more than one building.
b. At least 24 hours of storage capacity above the pump -on activation level for any simplex pump station
serving a single family residence.
c. An air relief valve located at all high points along the force main.
d. A screened vent for the wet well.
e. Fillets located in the wet well(s) at the intersection of the flooring and side walls.
f. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet
cannot be maintained.
g. Sufficient devices which will protect the pump station from vandals.
h. Audible and visual alarms.
i. Telemetry/auto-dialer or SCADA for all pump stations not serving a single family residence.
j. Signage/label with a 24-hour contact number. For any centralized pump station serving more than one
building, the station shall be outfitted with a permanent weatherproof sign with station identification,
the contact number and instructions to call in case of emergency or problem.
k. Flood protection if the pump station is located below the 100-year flood elevation.
I. Adherence with the minimum separations and other criteria not shown above as identified in 15A
NCAC 2T .0305.
12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those that may be required by this Division, such
as the construction of additional or replacement wastewater collection facilities.
13. Any septic tanks installed as part of the system shall be inspected annually for solids content and pumped
out as needed. Documentation for inspection and pumping must be maintained for a minimum of three
years.
14. Noncompliance Notification:
The Permittee shall verbally report to a water quality staff member at the Mooresville Regional Office,
telephone number [phone], 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 render the facility incapable of
adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or
breakage, etc. •
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.
Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal
report. Overflows and spills occurring outside normal business hours may also be reported to the Division of
Emergency Management at telephone number [phone] or [phone]. Persons reporting any of
the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current
Division approved form), within five days following first knowledge of the occurrence. This report shall
outline the actions taken or proposed to ensure that the problem does not recur. Per Condition I(2), Part II
of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO
was beyond control.
5

O WATFR
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PERMIT NAME OR OWNERSHIP CHANGE FORM
FOR SEWER SYSTEMS
FORM PNOCF-S 09/04
This form may be photocopied for use as an original but not altered in any way.
This form is to be used for transferring a permit for a sewer system to a new owner or changing a company name. Sewer
permits start with a WQ and contain the terrns sewer extension or collection system in the permit subject field. This form
should not be used for permits beginning with NC, NCG, SW or other types of non -sewer permits beginning with WQ.
I, REQUIRED ITEMS - PLEASE READ CAREFULLY. INCOMPLETENESS OR OMISSIONS MAY LEAD TO DELAYS IN
PROCESSING YOUR REQUEST.
3. Submit one original of this completed and appropriately executed Form.
a. For a change of ownership, the certification must be signed by both the current permit
holder and the new applicant. •
b. For a name change only, the certification must be signed by the applicant.
2. Provide legal documentation of the transfer of ownership or company name change (such as a
contract, deed, article of incorporation, approved Board minutes, etc.) for ownership changes.
3. For transfer from a developer to another developer who is selling lots:
a. Submit a properly executed Operational Agreement (Form DEV 02/03).
b. If the developer has already formed a legal Homeowner's Association (HOA) in
accordance with an executed Operational Agreement, submit a copy of the articles of
incorporation, Declaration and Bylaws that contain the language required by the
Operational Agreement.
4. For transfer from a developer to a legally formed and registered homeowner or property owner
association (HOA/POA):
a_ Submit a properly executed Operational Agreement (Form HOA 02/03).
b. Submit a copy of the Association Bylaws and Declarations that contain the language
required by the Operational Agreement.
II. PURPOSE OF THIS TRANSFER
❑ Name Change
Ownership Change ❑ Other (explain on separate sheet)
III. CURRENT PERMIT INFORMATION
Permit number: WQ00 33399
Company name:Wp East Acquisitions, ILC
Permit signing official name and title (current name on permit):
Carter H. Siegel, Vice President
Mangaddress: 1001 Morehead Square Dr., Ste 250
City: Charlotte
State: N('
Ti _'214.2_0-1
Tel: [phone]
Fax: [phone]
E-mail:. chs@waodpartners..rem
Noe
rthCarolina
Naturally
Construction, Grants & Loans Section
1633 Mall Service Center, Raleigh, NC 27699-1633
Courier/Overnight 2728 Capital Blvd., Raleigh, NC 27604
Telephone [phone] Fax [phone]
Internet
An Equal Opportunity Action Employer 50% recycled/10% post-onsurner paper

FORM PNOCF-S
PAGE 2/2
IV. NEW OWNER/NAME INFORMATION
Company name: VestcQr Spmmunit-iPs, Tn-
Authorized signing official name and title (see 15A NCAC 2H .0206): -
William L. Morgan, President
Mailing address: 3020 Hartley Rd, Ste 300
City: Jacksonville
State: FL
Zp• 32257
Tel: [phone]
Fax:[phone]
E-mai1::=.m0rgan@Y !s
cor,. cqm
V. CERTIFICATIONS
1. Current Permitfee`s Certification:
I, Carter H. Siegel , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this applicafion are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete.
understand I will continue to be responsible for compliance with the current permit until a new permit
is issued.
Signature:
60,y(1-:
Date: 1 2-Del
2. Applicant's Certification:
I, William L. Morgan , attest that this application for name/ownership change has been
reviewed 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 information
and attachments are not included, this application package will be returned as incomplete.
Signature:
©ate: t.)-11
01
G
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO CONSTRUCTION GRANTS
& LOANS AT THE LETTERHEAD ADDRESS
'END OF FORM PNOCF-S 09/04***

NON-EXCLUSIVE ASSIGNMENT OF STUDIES AND APPROVALS
THIS NON-EXCLUSIVE ASSIGNMENT OF STUDIES AND APPROVALS
�ly
("Assignment') is entered into as of June ?1; 2009 ("Effective Date"), by WP EAST
ACQUISITIONS, L.L.C., a Georgia limited liability company ("Assignor") and VESTCOR
COMMUNITIES, INC., a Florida corporation ("Assignee").
A. Assignor, as purchaser, entered into a contract to purchase the property described
on Exhibit A hereto ("Property").
B. In connection with its analysis of the Property, Assignor obtained certain studies
as identified on the attached Exhibit B ("Studies") and was in the process of obtaining or did
obtain certain permits, approvals and entitlements related to Assignor's intended development of
the Property including, but not limited to, the items listed on the attached Exhibit C
("Approvals").
C. Assignee now intends to purchase the Property and desires Assignor to convey a
non-exclusive interest in the Studies and Approvals to Assignee and also requests Assignor's
cooperation in consenting to Assignee's employment of Assignors consultants to modify and
update the Studies and pursue, complete and modify the Approvals as needed by Assignee,
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. Purchase Price. Contemporaneously with the execution of this
Assignment and the delivery of the Studies and Approvals to Assignee, Assignee shall pay
Assignor ligigby wire transfer.
2. Assignment. Assignor hereby assigns to Assignee, its successors and
assigns, without warranty, the non-exclusive right to use the Studies and Approvals.
Notwithstanding the foregoing, the parties acknowledge that Assignor retains the continued right
to use the Studies for its own purposes. Assignor makes no representation or warranty as to
either (i) the contents or accuracy of the Studies and Approvals; or (ii) the Assignee's right to
rely upon the same. Assignor shall deliver one original version of all items listed on the attached
Exhibit B to Assignee within two (2) business days after the Effective Date.
3. Third Party Consents. Assignee acknowledges that it may be required to
obtain consents or reliance letters from the parties who prepared or issued the Studies (the
"Consultants") to enable Assignee to rely upon the same. Assignor agrees to reasonably
cooperate with Assignee's efforts to obtain such consents or reliance letters and shall consent to
Assignee's hiring the Consultants to work with Assignee, provided that Assignor shall not be
obligated to incur any cost or obligation in connection with such efforts. Further, Assignor shall
sign such additional documents as are reasonably necessary to non -exclusively assign the
Approvals (or applications for the Approvals) to Assignee (including, but not limited to the
assignment required to complete the Planned MF Approval process) provided that such
1
PPAB 1577675v6

STV/ Ralph Whitehead Associates, Inc.
1000 West Morehead St., Ste. 200
Charlotte, NC 28208

additional documents are reasonably satisfactory to Assignor and do not obligate Assignor to
incur any cost or obligation in connection with such assignment.
4. Successors and Assigns. This Assignment shall be binding upon and
inure to the benefit of Assignor and Assignee, their successors and assigns. This Assignment
may be signed in one or more counterparts and faxed signatures shall constitute originals.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and
year first above -written.
ASSIGNOR:
WP EAST ACQUISITIONS,L..L.CC..
By: : e-44-4
Its: Nit c e Plug' b€.sT
ASSIGNEE:
Vestcor Conamunities, Inc.
By: j"--'
Its: :; 0,c 4.¢ WV
PPAB 1577675v6

EXHIBIT A
Property Description
' Mecklenburg County, North Carolina
POLARIS
Property Ownership land Records krior uatkan System
Dote MOW: Mon Apt23 0158:08 EDT 2D0T
smaplepreparedfortttettrvenmryoffeatpropstyvrlth1;tMecklenburgCountyandis=peedtramreeardeddeed,plats,taxmaps,stnve s.
U skald he ric nape. m other
tWarta
emit . M c]denbDears itni Co ntt ildsndfie era hereby
g conU�oged r the in n i gals sp�nas[4 kw rimaryOm Into an
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PPAB 1577675v6
•

Fast Track Enqi
Permit No.VVQ80333QQ
July 13.2OU9
OwnenWQC8
William LMorgan
Voatco,Communities, Inc
3U2OHartley Road
Suite 300
Jacksonville, FL32257
Certification
PE
Matthew LMobley
Design Resource Group
2458 Wilkinson Blvd
Suite 200
Charlotte, NC 28208
WQCS/WWTp
Reid Atkinson
Charlotte Mecklenburg Utilities
510OBrookshire Blvd
Charlotte, NC2821G
Complete and submit this form hnthe permit issuing regional office with the following:
° One copy ofthe project naoorddrewings(p|an&profi|eviewmnfaewer|inms)ofthaweatewatercoUechon
system extension
^ Supporting doe/gm calculations (selected pumpa, system cun/e, operating point, available storage ifportable
generator(s)orstorage greater than longest past three year outage reliability option selected) for any pump
stations permitted aepart nfthis project
^ Changes to the project should be clearly identified on the record drawings orin 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 comp�ete nor allowed to operate until this Engineer's Certification and all
required supporting documentadonhevebeenreoeivedbytheOiv)sion,Thqrefum*.bimhigh\yrecwmmmmendwd
that this certification be sent in m manner that provides proof mfreceipt by the Division.
ENGINEER'8CERTIFICATION
El Partial Z Final
|, Matthew LMobley, P.E. as a duly registered Professional Engineer in the State of North Carolina, having been
authorized h)observe periodically, 0 weekly, [] full time) the construction ofVeob:orCommunities, Inc, a
Mecklenburg County project for the PermiMee, hereby state that, to the best ofmy abi|itieo, due care and diligence
was used inthe observation ofthe construction such that the construction was observed bmbebuilt within substantial
compliance mfthis pennit� 15A NCA{} 2T; the Division ofWater Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12. 18SWasapplicable; 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
M0ORESVILLEREGAONAL OFFICE
SURFACE WATER PROTECTION
61DEAST CENTER AVENUE, SUITE 301
80C>ORESV|LLE NC 28115
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any
wastewater flow made tributary tothe wastewater collection system extension prior tmcompletion ofthis
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate
enforcement actions.

E n reso'
May 21, 21
e group
s. Dee Browder
North Carolina Departrn nt of Environment and Natural
Resources ivison of VVater Quality l Cl ENR-1
Surface Water Protection
610 East Center Avenue,: suite 301
Mooresville, forth Carolina 28115
Re., The Flats at Mallard Creek - Permit No. 0033 9
(Formerly UNCC Campus Corners)
job 292-0 1 The Flats at;Mallard Creek
Enclosed is our submittal for the Final Approval of the Flats at
a
and Creek Wastewater Collection System.
s stated on the Fast Track Engineering Certification, we are
sending you a copy of the signed Record Drawings for this
project along with the Signed/Sealed Fast Track Engineering
Certification received mlth the Wastewater Collection Permit
approval.
Please review the enclosed documentation and lit me know
you have ,any questions.
Mobley, P. l
Design Resource Crop, P