Loading...
HomeMy WebLinkAboutWQ0035703_Regional Office Historical File Pre 2018I AP7A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 3, 2012 Mr. Chad M. Hager, ManagerNice-President WF Arrowood, LLC 3328 Landerwood Drive Charlotte, NC 28210 FILE Subject: Permit No. WQ0035703 Woodfield Arrowood Wastewater Collection System Extension Mecklenburg County, North Carolina Dear Mr. Hager: In accordance with your complete application received on December 22, 2011, we are forwarding herewith Permit No. WQ0035703, dated January 3, 2012, to WF Arrowood, 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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 2T .0403 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 2T; 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 August 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 Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 Customer Service: 1-877-623-6748 Internet: http:llportal.ncdenr.orglweb/wq An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper e NorthCarolina Nature, I Mr.. Chad M. Hager January 3, 2012 Page Two 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 for the construction and operation of approximately 349 linear feet of 8-inch gravity sewer, and the discharge of 10,125 gallons per day of collected domestic wastewater into the City of Charlotte existing sewerage system 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 August 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. The sewage and wastewater collected by this system shall be treated in the McAlpine Creek WWTP (NPDES No. NC0024970) prior to being discharged into the receiving stream. 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 Mr. Michael Parker at (704) 235-2194. Electronic copies: Cc: Sincerely, K7 for Chuck Wakild, P.E. Erin Hall, Mecklenburg County Development of Water Quality Willis Horton, Mecklenburg County Matthew L. Mobley, P.E., Design Resources Group, PA Barbara Gross, CMU Mooresville Regional Office, Collection System Permit File Surface Water Protection Central Files PERCS 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: 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 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 August 1, 2000, as applicable; and other supporting materials unless specifically mentioned herein. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 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. 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 is 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. 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. Per 15A NCAC 2T .0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction 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 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 August 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 15A 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 verbally report to a Division of Water Quality employee at 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 2 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 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. 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, 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. Permit issued this the 3 d day of January, 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Chuck Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035703 3 Permit No. WQ0035703 January 3, 2012 Owner!WQCS Chad M. Hager WF Arrowood, LLC 3328 Landerwood Drive Charlotte, NC 28210 PE Matthew M. Mobley, P.E. Design Resources Group, PA 2459 Wilkinson Blvd., Suite 200 Charlotte, NC 28208 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 anv 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 LI Final , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of Woodfield Arrowood, a Mecklenburg 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 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. November 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 SURFACE WATER PROTECTION 610 EAST CENTER AVENUE, SUITE 301 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. 4 0 Z 11- Q USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! i. OwnerlPerrnittee: la WF Arrowood, LLC Full Legal Name ('company, municipality„ HOA, utttity, etc.) Application Number: (to be completed by DWQ) 1b, Chad M Hagler) P CJ;rdeelt+ Signing Official Name and Title (P ase review 15A NCAC 2T .0106 (b) for authorized signing officia MOO lc. The legal entity who will own this system is: E Individual 0 Federal El Municipality El State/County El Private Partnership ld. 3328 Landerwood Dave Mailing Address 1 f. NC State lh. 704-837-7513 Telephone 2. Proiect (Facility) information: 2a. Woodfield Arrowood Brief Project Name (permit will refer to this name) 3. Contact Person: 3a. Matthew L Mobley F' 704-837-7v14 'Wile, __.._. le. Charlotte City....._ 28210 g Zip Code 1j, cmhagl_ E-mail 2 Co oration E O ip 1't1\11°µ 1111 OF WA Mecklenburg County Where Project is Lo Name and Affiliation of Someone Who Can Answer Questions About this Application 3b. 704-343-0608 Phone Number 1. Project is N New © Modification (o 2. Owner is Q Public (skip to Item B(3)) 2a, If private, applicant will be L] Retaining Ownership (i.e. store, church, single office, etc.) or Leasing units (lots, townhomes, etc. - skip to ltearr B(3)) I[] Selling units (lots, townhomes, etc. - go to item 8(2b)) 4a. Charlotte Mecklenburg Utilities Owner of Wastewater Treatment Facility (WWTTF) Treatin ine Creek Wastewater Treatment Plant Name of WWi"F 5a, Charlotte-Meck Utilities 1b. Owner of Downstream Sewer ¢Rece 6, The origin of thus wastewater is (check a [] Residential Subdivision Apartments/Condominiums ID Mobile Home Park El School [] Restaurant El Office ` Gravity ng Sewer Size ?EJ Force Main that apply): 3c. matthew@drgrp.com E-mail edification, Permit No.. Private (go to Item 2(a)) 2b. If sold ed acilities owned by a (must choose LI Public Utility (Instruction C) El Homeowner Assoc.IDeveloper (Instruction D) Permi [l Retail (Stores, shopping centers) Institution El Hospital El Church [] Nursing Home El Other (specify) 7. Volume of wastewater to be allocated or permitted for this particular project: 10,125 *Do not include future flows or previously permitted allocations If the permitted flow is zero, indicate why: ion E) 100 % Domestic/Commercial 0 % Industrial (attach description ) (RO: contact your Regional Office Pretreatment staff) 0 % Other (specify). gallons per day El Pump Station, Outfall or Interceptor Line where flow will be permitted in subsequent permits that connect to this line [ Flow has already been allocated in Permit No, 0 Rehabilitation or replacement of existing sewer with no new flow expected (see 15A NCAC 02T 0303 to determine if a permit is required) 1''TA 12/07 V"g.Provde the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2T .0114 for the value in Item B(7) AND/OR the design flow for line or pump station sizing if a reduced or zero flow is being requested in Item B(7). Values other than that in 15A NCAC 2T .0114 (b) and (c) must be supported with actual water or wastewater use data in accordance with 15A NCAC 2T .0114 (f). 135 GPD/unit x 75 units = 10,125 GPD 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) Length (feet) New Gravity or Additional Force Main 8" 349 LF New Gravity p Summary of Pump Stations wl associated Force Mains to be Permitted (attach additional sheets as necessary) LLJ D 11. Pump Station Location ID n/a _ (self chosen - as shown on planslmap for reference) Z Z O Design Flow (MGD) Operational Point GPM @TDH Power Reliability Option 1 - permanent generator w/ATS; 2 - portable generator w/MTS Force Main Size Force Main Length (.i ----- - - - -�__ Z 0 QPump Station Location ID n/a (self chosen - as shown on planslmap for reference) 2 Ct Q Li- Design Flow (MGD) Operational Point, Power Reliability Option GPM @TDH i 1 - permanent generator w/ATS; I 2 - portable generator w/MTS Force Main Size Force Main Length Z F- E ix Pump Station Location ID n/a (self chosen - as shown on plans/map for reference) aDesign CD Flow (MGD) I Power Reliability Option Operational Point 1 - permanent generator wIATS; GPM @TDH I 2 - portable generatorw!MTS Force Main Size Force Main Length 12. Will the wastewater flow in the proposed sewer lines or pump stations be able to be directed to another treatment facility? • Yes ei No If Yes, permit number of 2nd treatment facility (RO - if "yes" to 6,12 please contact the Central Office PERCS Unit) 13. 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 Chapter 2T as applicable? ® Yes • No If No, please reference the pertinent minimum design criteria or regulation and indicate why a variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION FTA l2/07 Have the following permits/certifications been submitted for approval for the system or project to be served? Wetland/Stream Crossings - General Permit or 401Certification? El Yes El No N/A Sedimentation and Erosion Control Plan? Yes No 0 N/A Stormwater? Z Yes 0 No 0 N/A 15. Does this project include any high priority lines, [see 15A NCAC 02T .0402 (2)] involve aerial lines, siphons, or interference manholes)? These lines will be considered high priority and must be check d once every six months Check if Yes [1] and provide details 1, Owner/Permittee's Certification: (Signature of Signing Official and Project Name) 1, Chad M Hagler , attest that this application for WF Arrowood. Lt_C 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 returned as incomplete, Note: In accordance with North Carolina General Statutes 143-2156A and 143-215,68, 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 notto exceed $10,000 as well as civil Pen.,lties up to $25,000 per violation, la, Signing Official Signature Date ENGINEERING DESIGN DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL OF THIS APPLICATION, THESE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIR PROXIMITY TO OTHER UTILITIES, DESIGN CALCULATIONS ETC. REFER TO 15A NCAC 02T 0305 z 0 2 Professional Engineer's Certification. (Signature of Design Engineer and Project Name) I, _Matthew L Mobley attest that this application for WF Arrowood, LLC has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, 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 adopted February 12, 1996, and the Minimum Design Critena for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance, 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 matenal and have judged it to be consistent with the proposed design, Note: In accordance with NC General Statutes 143-215.6A and 143-215.68, 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 penalties up to $25.000 per violation, 2a Matthew L Mobley Professional Engineer Name 2b, Design Resource Group, PA Engineering Firm 2c, 2459 Wilkinson Blvd, Ste 200 Mailing Address 2d, Charlotte City 2e, NC 2f. 28208 State Zip 2g, 704-343-0608 2h, 704-355-3093 2i matthew@drgrp.com Telephone Facsimile E-mail NC PE Seal, Signature & Date FTA 12/07 • CHARLOTTE. CHARLOTTE•M EC KLEN BURG UTILITIES August 8, 2011 Mr. Matthew Mobley Design Resource Group, PA 2459 Wilkinson Boulevard Suite 200 Charlotte, NC 28208 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE WOODFIELD WHITEHALL APARTMENTS TAX PARCEL# 201-451-05 C-MU TRACKING# 600-11-578 A flow acceptance study of the subject site has been completed and the following has been determined: Charlotte -Mecklenburg Utilities agrees to accept the gravity sewage flow of 40,635 gallons per day (301 apartment units x 135 gpd/unit; 4-inch pool drain line) from this project for transmission to the McAlpine Creek Wastewater Treatment Plant; NPDES permit number NC0024970, for treatment. This acceptance of flow is based on the existing capacity of the designated publicly owned treatments works. Please see attached NCDENR Flow Tracking form. Charlotte -Mecklenburg Utilities agrees to furnish water to the subject project. The water quality to the subject project is regulated by the State Drinking Water Act Amendments of 1986, and The Water Supply Management Plan, dated October 2005, (WSMP # 05-01702 & PWS ID # 0160010), on file with the Public Water Supply Section of NCDENR. However, Charlotte -Mecklenburg Utilities cannot guarantee a constant pressure or quality of flow. Due to the involvement of other agencies and continuing growth of the water and sewer system, the ability to provide service for future projects cannot be guaranteed nor reserved. Connection to the Charlotte -Mecklenburg Utilities system is accepted on a first come, first served basis. The applicant should understand that this letter is not authorization to construct private water or sewer systems, as the appropriate local or State permits are required prior to construction. If the appropriate authorization to construct permits are not obtained and construction has not started within one (1) year of issuance of this flow acceptance letter, and payment for any service connection(s) has not been received within (1) year of the issuance of this flow acceptance letter, this flow acceptance approval shall be rescinded and a new flow acceptance .study must be made. If you have any questions, you may contact me at (704) 432-5801. Sincerely, 162-/f t,a Barbara Gross Engineering Assistant New Services Section CHARLOTTE-INECKLENBURG UTILITIES Customer Service Division • New Services Section www.cmutilities.com 700 North Tryon street Charlotte, NC 28202 Ph: 704/432-5801 Fax: 704/432-5804 OF��/4 State of North Carolina 4G Department of Environment and Natural Resources r Division of Water Quality ma -c Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE —10/07) Project Applicant Name: Design Resource Group, PA Project Name for which flow is being requested: Woodf ield - Whitehall Apartments More than one FTSE-I0107 may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek WWTP b. WWTP Facility Permit.#: NC0024970, NC0024945, NC0024937 All flows are in MGD 99.0 c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the WWTP 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 9.411 66.8 0.0406 77.967 77.7% II. 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 WWTP Pump Station Name Approx. Capacity, MGD Approx. Current Avg. (Firm/Design) Daily Flow, MGD III. Certification Statement: I, 3 arc y r K , certify that, to the best of my knowledge, 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. 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 for which I am the responsible party. Signature of this form indicates acceptance of this tewater flow. 7 /// Signing Ofcial Signature Date i • InndLLmpe dn,.hite turc * t(4tt0L en q,neering • trxhdi^W,ptyrtatu rrr p(anninq ;49 tx111auzr.5',suite R'i cheek41,* ri 7�R �=i : !•'>w r O "tee `u4R.9 `=rS xrrrvw.dryry:,u an V PROJECT •E 7.1.7.ou D0! WY 0•'- Tm na��cre� �u MAP N tOVEMBE:R I 2tIt& 1 OF 2 CA41+. rktu ,4' :11,1 1 hivitAn I1444JAJJ-44 f;�fir�. (•.� 'T Group, PA; and ore intended soleuy fur or drowinlq and compo of the recipient i';zatpd. No Y. cdcwIEJ iiDrtt"G5 rarw # ©dificrssl n s Der n IResnurce rt outhoriZot3on. EXIST S" SAN. SWR. CMUD JOB# 100-95•--745 Brown —Grier Road Westinghouse Blvd • deelgn resource group • landscape architecture • ciuil engineering • urban design • land planning • traffiL engineering • transportation planning 24SO wtlk lnlnn EDuI•+mC,suks 2tO dR•rlotts, nc2E202 p 751.74].'a417.'r1.755.::i] 0 0 0 L V 0d -I w_ E.L. 0 0 0 SCALE NOT TO SCALE PROJECT#: 217.014 MUNN 0i. TO COMMON VV STREET MAP NDVEMBER 14.2011 REVISIONS: 2.OF2 C0,260h1 * 2011 Dod2o Rnouree l:ro.PA This plan or drawing and ony oceompanying documents or calculations ore the property of Design Resource Group. PA: and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization. Division of Corporations - OnIine Services Page 1 of 1 Delaware.gov I Text Only Governor I General Assembly I Courts I Elected Officials I State Agencies Department of State: Division of Corporations HOME About Agency Secretary's Letter Newsroom Frequent Questions Related Links Contact Us Office Location SERVICES Pay Taxes File UCC's Delaware Laws Online Name Reservation Entity Search Status Validate Certificate Customer Service Survey INFORMATION Corporate Forms Corporate Fees UCC Forms and Fees Taxes Expedited Services Service of Process Registered Agents Get Corporate Status Submitting a Request How to Form a New Business Entity Certifications, Apostilles & Authentication of Documents Frequently Asked Questions View Search Results Entity Details THIS IS NOT A STATEMENT OF GOOD STANDING Incorporation 1011312011 File Number: 5043015 Date / Formation (mm/dd/yyyy) Date: Entity Name: WF ARROWOOD, LLC LIMITED Entity Kind: LIABILITY Entity Type: GENERAL COMPANY (LLC) Residency: DOMESTIC State: DE REGISTERED AGENT INFORMATION Name: Address: City: State: Phone: CORPORATION SERVICE COMPANY 2711 CENTERVILLE ROAD SUITE 400 WILMINGTON County: NEWCASTLE DE Postal Code: 19808 (302)636-5401 Additional Information is available for a fee. You can retrieve Status for a fee of $10.00 or more detailed information including current franchise tax assessment, current filing history and more for a fee of $20.00. Would you like C) Status (a) Status,Tax & History Information L. Back to Entity Search 1 To contact a Delaware Online Agent click here. Submit site map I about this site I contact us I translate 1 delaware.gov https://delecorp.delaware.gov/tin/controller I2/6/2011 OPERATING AGREEMENT OF WF ARROWOOD, LLC A DELAWARE LIMITED LIABILITY COMPANY THIS OPERATING AGREEMENT (this "Agreement") of WF ARROWOOD, LLC, a Delaware limited liability company (the "Company"), is entered into and shall be effective as of October 13, 2011, by and between the Company and WOODFIELD INVESTMENT COMPANY, LLC, a Delaware limited liability company (the "Member"), as the Company's sole member, in accordance with and pursuant to the Delaware Limited Liability Company Act, 6 Del. Code Ann sections 18-101 through 18-1109, as amended (the "Act"). RECITALS The Company was formed on October 13, 2011, when the filing of a duly executed Certificate of Formation for the Company by the Delaware Secretary of State became effective. Other than such actions relative to its formation, the Company heretofore has not engaged in any business, conducted any other activities, or received any contributions to its capital. The Member desires to continue, in accordance with the terms and conditions of this Agreement, the limited liability company pursuant to the provisions of the Act. The Member intends that the Company be disregarded for federal and state income tax purposes for so long as the Company has only one member; provided, however, the separate identity of the Company from that of the Member shall be respected for all other purposes. NOW, THEREFORE, in consideration of the mutual promises made herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: ARTICLE I GENERAL PROVISIONS 1.1 Purpose. The purposes of the Company are to apply for certain governmental permits, approvals or other entitlements necessary for the multifamily development of certain real property located on Arrowood Road in Charlotte, Mecklenburg County, North Carolina (the "Project") and to engage in all other Iawful activities related to the acquisition, ownership, development and disposition of the Project, including entering into any partnerships or joint ventures for such purposes. 1.2 Member; Written Consents. The Member is the sole member of the Company and hereby ratifies all actions heretofore taken in forming the Company. Any action required or permitted to be taken by the Member under this Agreement, the Act or other applicable law at a meeting of the Member may, instead, be taken by the signed written consent of the Member. 1.3 Place of Business. The principal place of business of the Company shall be Located at 3328 Landerwood Drive, Charlotte, North Carolina 28210. The initial registered agent for the Company in Delaware shall be Corporation Service Company, and the initial registered office of the Company in Delaware shall be at 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. 1.4 Duration. The existence of the Company commenced on the effective date of the filing of the Certificate of Formation of the Company and shall continue until the Company is dissolved and its affairs are wound up in accordance with Section 4.4 hereof. 1.5 Title to Property. The Company shall hold all property (real, personal, tangible, and intangible) owned from time to time by the Company as a result of capital contributions, operations or otherwise, in the name of the Company and not in the name of any Member. 1.6 Limited Liability. The Member shall not be bound by, or be personally liable for, the debts, obligations or liabilities of the Company, except as, and to the extent that, the Member expressly agrees otherwise in writing. In furtherance of the foregoing, in no event shall the Member be liable with respect to, or be required to contribute capital to restore, a negative or deficit balance in the Member's capital account, if any, upon the dissolution or liquidation of either the Company or the Member's membership interest in the Company, or at any other time, except to the extent the Member expressly agrees thereto in writing to the Company. ARTICLE II MANAGEMENT 2.1 Management and Control. Except to the extent otherwise expressly provided in this Agreement or required by the Act or other applicable Iaw, the management, operation and control of the Company, its business and affairs shall be vested exclusively in the natural person or entity holding the position of "manager" (within the meaning of section 18-101(10) of the Act) in accordance with Section 2.2 hereof (the "Manager"). All powers of the Company for which approval by the Member to the exercise thereof is not expressly required by this Agreement, the Act or other applicable law, shall be exercised by, or under the authority of, and the business and affairs of the Company shall be managed by, or under the direction and control of, the Manager in a manner consistent with the terms, provisions and conditions of this Agreement and the Act. The acts of the Manager in carrying on the business and activities of the Company (and the management, operation and control thereof) as authorized herein shall bind the Company. 2.2 Appointment, Resignation and Removal of the Manager. The Company shall have at least one Manager, which may, but need not be, the Member. The Company shall initially have one (1) Manager, which shall Chad M. Hagler. The Manager shall serve in such capacity until such person resigns or is removed from that position. A person may resign as Manager at any time by giving written notice of its resignation to the Member. The Member at any time may remove the Manager for any reason. A vacancy in the position of Manager may be filled at any time by the Member. 2.3 Authority, Powers and Duties of the Manager. (a) General. The Manager shall take all actions which may be necessary or appropriate for the conduct of the Company's business and the acquisition, investment, reinvestment, maintenance, preservation and operation of the Company's assets, in accordance CH-3095711 v1 with the provisions of this Agreement and the Act and other applicable laws and regulations and shall have such powers and duties prescribed by this Agreement. (b) Operation of Company as a Separate Enterprise. The Manager shall cause the Company to conduct its business and operations separate from those of the Manager, the Member or the affiliates or related persons of the Manager or the Member. (c) Time Devoted to Company Affairs. The Manager shall manage and supervise the effective operations and business of the Company in accordance with the terms of this Agreement. The Manager need not devote its full time to the affairs of the Company but shall devote such time to the affairs of the Company as is necessary to manage and supervise the operations and affairs of, and otherwise discharge their responsibilities to, the Company in accordance with the terms of this Agreement. 2.4 Officers. The Manager may appoint such officers with such titles (including that of "manager" within the meaning of the Act), authority, powers, duties, compensation and other terms as it may determine to be necessary or appropriate. Without limiting the foregoing, the Manager hereby appoints, and the Member hereby approves, Chad M. Hagler as the vice president of the Company (the "Vice President"). The Vice President shall have the authority and duties that are normally associated with such office under the Delaware Business Corporation Act of 1988, as amended, and in any event the Vice President shall have the power and authority to bind the Company. 2.5 Exculpation and Indemnification. The Manager and the Vice President (each an "Indemnified Party") shall, to the fullest extent permitted under the Act or other applicable law, be released and exculpated from, and shall be indemnified and held harmless by the Company against, any liability, loss, damage, penalty, action, claim, judgment, settlement, cost or expense of any kind or nature whatsoever (including all reasonable attorneys' fees, costs and expenses of defense, appeal and settlement of any proceedings instituted against any such Indemnified Party and all costs of investigation in connection therewith) that in any way relates to, or arises out of, or is alleged to relate to or arise out of, any action or inaction on the part of the Company or such Indemnified Party acting on behalf of the Company. Expenses incurred by an Indemnified Party in defense or settlement of any claim that may be subject to a right of indemnification hereunder may be advanced by the Company prior to the final disposition thereof; provided however, prior to such advancement the Indemnified Party shall agree in writing to repay such advancement to the extent that it shall be determined ultimately that such Indemnified Party is not entitled to be indemnified hereunder. The satisfaction of the obligations of the Company under this Section 2.5 shall be from, and limited to, the assets of the Company and neither the Manager nor the Member shall have any personal liability on account thereof. The right to indemnification and the advancement and payment of expenses conferred in this Section 2.5 shall not be exclusive of any other right which an Indemnified Party may have or hereafter acquire under law or equity, provision of this Agreement, or otherwise. 2.6 Other Business Ventures. The Member and any affiliates thereof may engage, invest, or possess an interest in other business ventures, including future ventures, or transactions of any nature or description, independently or with others ("other ventures"), irrespective of whether the other ventures (a) are competitive with the Company, or (b) have operations or property that are transacted or located in the market area or vicinity of any property of the CH-3095711 v1 Company or 'area in which the Company conducts or intends to conduct business, or (c) were made available to the Company by any person who first had the opportunity to participate in the other ventures. Neither the Company nor any other person shall have any rights, by virtue of this Agreement or otherwise, in or to other ventures or the income or profits derived therefrom, and the pursuit of any other ventures shall not be deemed to be wrongful or improper even if competitive with the business of the Company. ARTICLE III CAPITAL CONTRIBUTIONS AND DISTRIBUTIONS 3.1 Capital Contributions. The Member shall make such contributions to the capital of the Company, and on such terms and conditions, as the Member may from time to time determine in the Member's sole discretion. The Member shall have no duty or obligation to make any other contributions to the capital of the Company for any purpose. All capital contributions by the Member shall be recorded on the books and records of the Company. Property owned by the Member shall in no event be deemed owned by the Company unless there is a writing affirmatively evidencing the Member's intent to transfer title to such property to the Company. 3.2. Distributions. The Company shall make such distributions of money and other property to the Member at such times and in such amounts as determined from time to time by the Manager. The Member shall not be required to return all or part of any distributions made to the Member by the Company. Neither the Company nor any creditor of the Company or any other person shall have any claim against the Member with respect to any distribution made by the Company to the Member, and any such claim that the Company, any creditor of the Company, or any other person might have for the return of all or part of such distribution shall be deemed to be "compromised" within the meaning of Act by the terms of this provision. ARTICLE IV TRANSFERS AND ISSUANCES OF MEMBERSHIP INTERESTS; ADMISSION OF NEW MEMBERS; DISSOLUTION 4.1 Transfer of Membership Interest. The Member may assign, transfer and otherwise convey (collectively, "convey") all or part of the Member's membership interest in the Company only by (a) executing a written instrument of assignment, duly describing the membership interest in the Company being conveyed to the transferee and the rights and obligations that the transferee shall have in respect of such interest (including whether the transferee is to be admitted as a member of the Company) and (b) complying with the provisions of Section 4.3. Any attempted or purported conveyance of all or part of a membership interest in the Company that does not comply with the preceding sentence shall be null and void and not recognized by the Company. 4.2 Admission of Additional Members. The Manager may issue membership interests to other persons and admit such persons as members of the Company. The issuance of membership interests to a new member shall become effective upon compliance with the provisions of Section 4.3. CH-3095711 v1 4.3 Action to be Taken Upon Company Having More than One Member. The Company was formed with the intention that it would have only one member, such that at all times the Company would be disregarded as an entity separate from its owner for federal tax purposes under section 301.7701-3(b)(1)(ii) of the Treasury Regulations. Accordingly, any action described in Section 4.1 or 4.2 (relating to the admission of new members to the Company) that would cause the Company to have more than one member shall be made in conjunction with the execution by the Company, and all of those persons who are to become members of the Company, of an amended and restated operating agreement setting forth, at a minimum, the relative rights, obligations and duties of such members in respect of the Company, the manner in which the Company shall be operated, and the manner in which the Company shall be characterized for federal tax purposes (i.e., as a partnership or an association taxable as a corporation). 4.4 Dissolution and Winding Up. The Company shall dissolve and its affairs shall commence to be wound up upon the earlier of the date specified in a written consent executed by the Member on which dissolution is to occur. Upon its dissolution, the Company shall conduct only such activities as are necessary to wind up its affairs, including the sale of the assets of the Company in an orderly manner, and the assets of the Company shall be applied in the manner, and in the order of priority, set forth in the Act. ARTICLE V MISCELLANEOUS 5.1 Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of Delaware (without regard to conflict of laws principles), all rights and remedies being govemed by said laws. 5.2 Amendments. This Agreement may be modified, altered, supplemented or amended only by the written consent of the Member. 5.3 Construction. Unless otherwise indicated, "Sections" mean and refer to the numbered Sections of this Agreement. Words such as "herein," "hereby," "hereinafter," "hereof," "hereto," and "hereunder" refer to this Agreement as a whole, unless the context requires otherwise. All headings and captions used in this Agreement are for convenience of reference only and are not•intended to define or limit the scope or intent of this Agreement. 5.4 Separability of Provisions. Each provision of this Agreement shall be considered separable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement that are valid, enforceable and legal. 5.5 Sole Benefit of Member. The provisions of this Agreement are intended solely to benefit the Member and, to the fullest extent permitted by applicable law, shall not be construed as conferring any benefit upon any creditor of the Company (and no such creditor shall be a third -party beneficiary of this Agreement), and the Member shall not have any duty or obligation to any creditor of the Company to make any contributions or payments to the Company. CH-3095711 vl 5.6 Seal. The Company shall not have a seal, and no agreement, instrument or other document executed on behalf of the Company that would otherwise be valid and binding on the Company shall be invalid or not binding on the Company solely because no seal of the Company is affixed thereto, [THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK] CH-3095711 vl IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, have duly executed this Agreement effective as of the date first set forth above. COMPANY: WE ARROWOOD, LLC, a Delaware limited liability company By Name: Chad Ili. Hagler Title: Manager/Vice'President MEMBER: WOODFIELD INVESTMENT COMPANY, LLC, a Delaware limited liability company By: Name: Title: Manager MANAGER/VICE PRESIDENT: 4./-- M. GL CHAD ER CH-3095711 v1 IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, have duly executed this Agreement effective asof the date first set forth above, COMPANY: WF ARROWOOD, LLC, a Delaware limited liability company By: Name: Chad M. Hagler Title: Manager/Vice President MEMBER: WOODFIELD INVESTMENT COMPANY, LLC, a Delaware limited Hob' ity company ALLBy: VI/ :( Name: fro•C*OcEt.. . (laVA-ScjUf Title: Manager MANAGER/V.ICE PRESIDENT: CHAD M. HAGLER CH-3Q9 711 vl T ANS ITTAL December 21, 2011 1),d1 fat: f 14,1 North Carolina Department of Environment and Natura Resources Division of Water Quality 610 E. Center Avenue Mooresville, North Carolina 2811 5 d s icin resource group Reference: Fast Track APPlicatbn for GravitY Sewers, Pump Stations, and Force Mains job#: 217-014: Woodfield Arrowood Enclosed you wil find the following information for your revievv: Copies Description of Items 1 Completed Application Form (Original) 1 Completed Application Form (Copy) 1 Flow Acceptance Letter from CMU 1 8.5"x1 1" Color USGS Topo Map 1 8.5"xl 1" Street Level Map 1 NCDENR Review Fee ($480.00) 1 LLC Documentation If any additional information is required to complete your review of these plans, feel free to contact me at (704) 343-0608. Sincerely, Design R sol..trce.Group, P.A. Marc Van Dine, PLS, PE Associate .2.459..V4ii.kih:Obtii"bbilleVard:,"SUit0200. slitifficLe.htrin.66Tinig Ohaflott-6,, ild-2.8208• iti:704-343-0608 1.704-'358-:3093 )A()1)'rocaorA j1C Can ire_rt.vo t �viv r Jo (tj(. aka( D Michael F, Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality 61/-entt` =9, 2011 Subject: Fast Track Ap lication Return Project Name: tArC e l Arlrow, (> Mom. County, North Carolina Dear Mr./Mt. 4j 1-e..r : The Divi ioniof Water Quality, Mooresville Regional Office received your Fast Track sewer application on I I J I I . During an initial review of your application, your application was determined to be incomplete. Therefore, your application is being returned. (Please include a copy of this letter with your resubmittal). For a listing of the correct forms and instructions please visit: http://h2o.enr.state.nc.us/peres/Co I IectionSystems/Co IlectionSysterApplications.html. • Please complete/correct the following deficiencies: ❑ Application submitted on wrong or outdated forms. Form(s): ❑ Application was submitted without a processing fee or with an incorrect processing fee. ❑ Application did not contain a Flow Tracking Form (FTSE L0/07). ❑ Application did not contain the Developer's/Homeowner's Operational Agreement. ❑ Application did not contain the correct number of copies. ❑ Application failed to include project map. ❑ Application (line A.1b) was not signed by an authorized representative in accordance with 15A NCAC 2T .0106(6). (see http://h2o.enr.state.nc.us/admin/rules/codes statutes.htm) X Wr Arrpu, a 6,1,L!-:C. (3 no -I- (isf- 6n -L (( 5--t 'a -V vC -re's (u° by C Following submission of a complete application, the Mooresville Regional Office Will begin a technical review of your application. If your application is technically deficient additional information may be required or the package may be returned again. Sincerely, js> Robert B. Krebs Supervisor, Mooresville Regional Office Enclosure: Fast Track Sewer Extension Application cc: RO File 610 East Center Ave. Suite 300 Mooresville, NC 28115 704-663-1699 (Telephone) rr Number WQ0035703 Central Files: APS SWP 01/03/12 Permit Tracking Slip am Category Non -discharge Permit Type Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions Primary Reviewer michael.parker Coastal SW Rule Permitted Flow 10125 Facility Facility Name Woodfield Arrowood Location Address Owner Status Active Project Type New Project Version Permit Classification 1.00 Individual Permit Contact Affiliation Major/Minor Minor Region Mooresville County Mecklenburg Facility Contact Affiliation Owner Name Wf Arrowood LLC Dates/Events Owner Type Non -Government Owner Affiliation Chad Hagler 3328 Landerwood Dr Charlotte NC 28210 Orig Issue App Received 01 /03/12 12/22/11 Regulated Activities Draft initiated Scheduled Issuance Public Notice Issue 01/03/12 Requested/Received Events Effective 01/03/12 Expiration Apartment complex Condominium Wastewater collection Outfall NULL Additional information requested Additional information received Waterbody Name Stream Index Number Current Class Subbasin