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WQ0036237_Regional Office Historical File Pre 2018
NCDENR Norti Carolina Department of Environment and Natural Resources Division of Water Duality Beverly Eaves Perdue Charles Wakild, P, E, Governor Director November 21, 2012 Bowman Development Group, Inc. Mr, Robert Bowman, President 13815 Cinnabar Place Huntersville, North Carolina 28078 Dee Freeman Secretary Subject: Permit No, WQ0036237 Mallory Apartments at Vermillion Wastewater Collection System Extension Mecklenburg County, North Carolina f)ear Mr. Bowman: In accordance with your application received on November 8,2012. we are forwarding herewith Permit No.WQ0036237, dated November 21., 2012, to .Bowman Development (3roup, Inc. 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of the subject wastewater collection system extension, This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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 NCA.0 2T .0403 or any individual system -wide collection system perrnit issued to the Perinittee. 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 1.2., 1.996, as applicable; 3) and the Division.'s Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein.. Division approval is based on acceptance of the certification provided by a North Carolina. -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §1.43-215,6A through §143-215.6C, construction of additional or replacement wastewater collection .facilities, and/or referral of the North Carolina-licen.sed Professional Engineer to the licensing board. Mooresville Regional Office 610 East Center Ave,, Suite 301 Mooresville, NC 2811.5 Internet wiiminemwaterqualiniorg Customer Service: 1-877-623-6748 An Equal Opportunity/Affimialive Action Employer - Recycled/10% Pont Consumer Paper NprthCarolina Aaturally Phone i (704) 663-1699 Fax (704) 663-6040 „.„.„ Robert Bowman' t2, page 2 wett2,2,t 222,00t, November 21 2212 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 Bowman Development Group, Inc. for the construction and operation of approximately 84,31 linear feet of 6-inch gravity sewer and the discharge of 1,080 gallons per day of collected domestic wastewater into The Water and Sewer Authority of Cabarrus County (WSA.CC) and to the Charlotte -Mecklenburg Utility Department existing sewerage system, pursuant to the application received November 8, 2012, 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 ofPump Stations and Force Mains adopted June 1, 2000,.as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. Assessing subsequent impacts to the downstream collection system and treatment facility is the complete responsibility of (WSACC). (WSACC) must utilize whatever tracking tools necessary for planning additions of sewer flow in order to maintain compliance with the WWTP permitted limits and the WQCS00009 permit requirements. Assessing subsequent impacts to the downstream collection system and treatment facility is the complete responsibility of Charlotte -Mecklenburg Utility Department (CMU). CMU must utilize whatever tracking tools necessary for planning additions of sewer flow in order to maintain compliance with the WWTP permitted limits and the WQCS00001 permit requirements. The Operational Agreement between the Perrnittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes 143-215BA to 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. The sewage and wastewater collected by this system shall be treated in the Rocky Rker WWTP (NPDES No.NC0036269) 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 ofthis permit. This request must be in the form of a written petition, conforming to Chapter -1.50B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional info anon concerning this matter, please contact Samar Bou-Ghazale at (704) 663-1699. Sincer for Charles Wakild, P.E. Robert Bowman Page 3 - November 21,1u i2 cc: 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 (MODIFICATION) This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 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 shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The 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 21- .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. 1 0 4. This permit shall not' be transferable.- Ii 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 record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 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. 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 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. 2 Voice mail messages or faxed__ information is permissible, but shall not be considered as the initial verbal report. Overflows and spifls occurriiib outside noirnal business hours may'aiso 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 21st day of November, 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 4EEEfor Charles Wa P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0036237 3 Fast Track Engineering Certification Permit No: tjV0.0O36237 November 21, 2012 Owner/WWTP/WQCS Bowman Development Group, Inc. 13815 Cinnabar Place Huntersville, NC 28078 PE Jeffrey D. McCluskey Mc2 Engineering, Inc. 2110 Ben Craig Drive, Ste 400 Charlotte, NC 23262 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ 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 Mallory Apartments at Vermillion, 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 June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: t 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. 0 USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Owner/Perrnittee: la, Bowman Development Group, Inc. Full Legal Name (company, municipality, HOA, utility, etc.) Robert Bowman President Application Number: (to be completed by DWQ) Signing Official Name and Title (Please review 15A NCAC 2T .0l06 (b) or au horized signing officials The legal entity who will own this system is: 0 Individual ❑ Federal 0 Municipality 0 State/County 0 Private Partnership El Cinnabar Place ailing Address h Ste 1h. 704-875-9704 Telephone Facsimile 2. Project (Facility) Information: 2a. Mallory Apartments at Vermillion Brief Project Name (permit will refer to this name Contact Person: Jeff McCluskey — Mc2 Engineering — Engineer of Record Name and Affiliation of Someone Who Can Answer Questions A- bout this Application 3b. 704-510-9797 3c. Jeff@mc2eng.com e. Huntersville orporation ❑ Other (specify): City 1 g. 28078 Zip Code jearnhardtinewv E-mail 2b. Mecklenburg liort.com County Where Project is Lo ed Phone Number E-mail Project is New 0 Modification (of an existing permit 2. Owner is ❑ Public (skip to item B(3)) 2a. If private, applicant will be: Private (go to item 2(a)) 2b. If sold, facilities owned by a (mus Retaining Ownership (i.e. store, church, single office, etc.) o Leasing units (lots, townhomes, etc. - skip to Item B(3)) ❑ Selling units (lots, townhomes, etc. - go to item B(2b)) 0 Public Utility (Instruction C) 0 Homeowner Assoc./Developer (Instruction D) Water and Sewer Authority of Cabarrus County (WSACC) Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Projec 4a. Roocky River Waterwater Treatment Facility 4b. NC0036269 Name of WWTF WWTF Permit No. 5a. Charlotte -Mecklenburg Utilities Owner of Downstream 5b. 8" ai Gravity :Receiving Sewer Size ❑ Force Main 5c. 205-583 Permit # 6. The origin of this wastewater is (check all that apply): • Residential Subdivision Apartments/Condominiums 0 Mobile Horne Park 0 School 0 Restaurant 0 Office O Retail (Stores, shopping centers) 0 Institution O Hospital 0 Church ❑ Nursing Horne • Other (specify): Volume of wastewater to be allocated or permitted for this particular project: 1,080 *Do not include future flows or previously permitted allocations If the permitted flow is zero, indicate why: 0 Pump Station, Outfall or Interceptor Line where flow will be permitted in subsequent permits that connect to this line 0 Flow has already been allocated in Permit No. • Rehabilitation or replacement of existing sewer with no new flow expected (see 15A NCAC 02T .0303 to determine if a permit is required) Downstream Sewer tlnstruction E 100 % Domestic/Commercial % Industrial (attach description.) (RO: contact your Regional Office Pretreatment staff) % Other (specify): gallons per day FTA.12JO7 vPERMIT INFORMATION1 CONTINUED f '� x 9. Provide 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). 8 Apartments x 135 gpd/unit = 1,080 gpd 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) Length (feet) New Gravity or Additional Force Main 6 84.31 Gravity 11. Summary of Pump Stations wlassociated Force Mains to be Permitted (attach additional sheets as necessary) Pump Station Location ID (self chosen - as shown on plans/map for reference) Design Flow (MGD) I Power Reliability Option Operational Point! 1 - permanent generator w/ATS; GPM @TDH ! 2 - portable generator w/MTS i Force Main Size Force Main Length Pump Station Location ID (self chosen - as shown on plans/map for reference) 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 jlE Pump Station Location ID (self chosen - as shown on plans/map for reference) Design Flow Operational Point (MGD) GPM @TDH I Power Reliability Option 1 - permanent generator w/ATS; 2 - portable generator w/MTS Force Main Size Force Main Length 1 12. • Will the wastewater flow in the proposed sewer lines or pump stations be able to be directed to another treatment facility? Yes ►1 No If Yes, permit number of 2nd treatment facility (RO — if "yes" to B,12 please contact the Central Office PERCS Unit) 13. Does Mains applicable? 1 the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC Chapter 2T as 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 FTA12/07 4. Have the following permits/certifications been submitted for approval for the system or project to be served? Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes ❑ No Sedimentation and Erosion Control Plan? ❑ Yes ❑ No { Stormwater? j15. 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 checked once every six months ® N/A ® N/A ❑Yes CI No ®N/A jCheck if Yes: D and provide details -vI 11. Owner/Permittee's Certification: (Signature of Signing Official and Project Name) 1, _Robert Bowman , attest that this application for Mallory Apartments 1 understand and statement, include at Vermillion has I been reviewed by me and is accurate and complete to the best of my knowledge. this application are not completed and that if all required supporting documentation this application package is subject to being returned as incomplete. Note: In accordance Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false -• 1 certification in any application shall be guilty of a Class 2 misdemeanor, which may as well as ivil penalties up to $25,000 per violation. that if all required parts of attachments are not included, with North Carolina General representation, or a fine not to exceed $10,000 1a. /v/ 0 � I ing Official Sign ture / ate .'ENGINEERING DESIGN DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL OF THIS •. APPLICATION. THESE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIR PROXIMITY c"- TO OTHER UTILITIES, DESIGN CALCULATIONS. ETC. REFER TO 15A NCAC 02T .0305 Z 1 -0.i H2. Professional Engineer's Certification: (Signature of Design Engineer and Project U ,,i 1, _Jeffrey D McCluskey , attest that this application for_ Mallory Name) Apartments in the that Gravity the accordance package, 143-215.6B, be guilty at Vermillion has •U_, been reviewed by me and is accurate, complete and consistent with the information r ,,,i and all other supporting documentation to the best of my knowledge. 1 further attest (r I proposed design has been prepared in accordance with the applicable regulations, W--;i for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for O Stations and Force Mains adopted June 1, 2000 and the watershed classification in Although other professionals may have developed certain portions of this submittal V _ 1 under my signature and seal signifies that l have reviewed this material and have judged proposed design. Note: In accordance with NC General Statutes 143-215.6A and makes any false statement, representation, or certification in any application shall which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 engineering plans, calculations, to the best of my knowledge the Sewer Minimum Design Criteria Fast -Track Permitting of Pump with Division guidance. inclusion of these materials it to be consistent with the any person who knowingly of a Class 2 misdemeanor violation. `'2a. Jeffrey D. McCluskey . E c.- T. n �T'(C' �•a,� i 'F1 5i seillr r ` A IIysr I Professional Engineer Name 11.,,..°,• Pp °. • °°OFESS/Q •may SEAL �cc 1 29606 s 4 ° ` a ° _,,„" ..�:�`M a • bIf ti i1IiG 6 ; ..4 j H085111 o i Z II Z.- NC PE Seal, Signature & Date 2b. Mc2 Engineering, inc. j_ Engineering Firm _��_ ---_-._. __— _ - 2c. 2110 Ben Craig Drive, Suite 400 Mailing Address �..12e. NC Y � f. �28262� - 2d. City y i--� State j Zip , 2g.704-510-9797 2h. 704-510-9787 2i. Jeff@mc2eng.com 1 Telephone I Facsimile I E-mail i FTA12/07 r STATE OF NORTH CAROLIN,A COUNTY OF _Mecklenburg. Permit No. DEVELOPERS OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S,143-21.5.1 (di) and entered into this _2nd . day of October ,. — 2012 , by and between the North Carolina Environmental. Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Bowman 'Development Group, Inc. , a corporation/general partnership registeredilicensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETE- 1. The DEVELOPER is the owner of the certain lands lying in _ Mecklenburg. County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Mallory .Apartments at Vermillion (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps,. wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units,other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter :Declaration),pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to he formed or will cause he time of filing of the .Declaration, the Mallory Apartments at Vermillion (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for th.e purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair, 6. The COMMISSION desires to assure that the Disposal System of the Development is properly. constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the. promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: The .DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the CO.MMISS1ON, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder; the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 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. rt. 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 coma on element which will receive the highest priority for expenditures by the Association except for Federal, State. and local taxes and insurance. 5. The DEVELOPER. shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, 'safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION _Bowman Development Group, Inc. Name of DEVELOPER Bye (Signature) Charles Wakild; P.E., Director Division of Water Quality (Date) _Robert Bowman - President Print Name and Title (Date) CLOTTE. CHARLOTTE-M ECKLENBURG UTILITY DEPARTMENT October 31, 2012 Mr. Jeff McCluskey Mc2 Engineering 2110 ben Craig Drive Suite 400 Charlotte, NC 28262 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE MALLORY APARTMENTS AT VERMILLION TAX PARCEL ID# 019-054-89 C-MU TRACKING # 600-12-634 In response to your request, a flow acceptance study of the subject site has been completed and the following has been determined: Charlotte -Mecklenburg Utility Department agrees to accept the total gravity sewage flow of 1,080 gallons per day (8 apartment units x 135 gpd/unit) from this project for transmission to the Rocky River Wastewater Treatment Plant; NPDES permit number NC0036269, located in Cabarrus County, for treatment, This acceptance of flow is based on the existing capacity of the designated publicly owned treatments works, Please see the attached FTSE forms, Charlotte -Mecklenburg Utility Department 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 tD # 0160010) on file with the Public Water Supply Section of NCDENR, However, CMU cannot guarantee a constant pressure or quality of flow, Charlotte -Mecklenburg Utility Department does not expect any of the above conditions to preclude water or sewer service to the subject site. However, the applicant should understand that 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 CMU system is accepted can a first come first served bads. 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. 'lithe appropriate authorization to construct permits are not obtained and construction has not ,started within one (1) year of issuance of this mtlow acceptance and payment for any service connection(s) has not been received within one (1) year of issuance of this flow acceptance, this flow acceptance approval shall be rescinded anda new flow acceptance request must be made. If you have any questions, please do not hesitate to contact me at (704) 432-5801. Sincerely, Barbara Gross Engineering Assistant CHARLOTTE-MECKLENBURG UT! TY DEPARTMENT Engineering division • Installation & eveloprnent Services www.cmuti'Idties.com 700 North Tryon Street Charlotte, NC 28202 Ph: 704/432-5801 Fax: 704//432-5804 State of North Carolina. Department of Environrrtent and Natural Resources Division of Water Quality Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE - 10/07) Jurisdiction Requesting Flow Acceptance for Collection System: LjCity of Concord. EjCity of Kannapolis D I'own of Harrisburg ©Town of lvFt. Pleasant CiarlotteMecklenburg Utilities Project Nance, Description, and Number of Lots/Unit: Name: .Mallmy ,ipartrnents at Vermillion located on Warfield Avenue in Huntersville NC. Description: 8 ap:arhnentunits _a 135 zpd/unit What is the quantity of flow that will be discharged? l )8O GPD Flow type: Domestic 100 °o ® Commercial ran ❑ Industria Section I - List the Jurisdiction's pump stations located between the project connection point and the WSACC Interceptor connection point. (For each existing pump station to be impacted by this proposed sewer extension project, list each pump station name; approximate pump station firm (design) capacity and approximate current average'flow (previous 12 months) for each pump station. Include the proposed flow for this project and other flows that have been approved for the pump station but are not yet tributary.) Approx. Capac MGD (Finrv'Desi Approx. Current Avg. Daily Flow, MGD Section II, Jurisdiction's Certification Statement: I, gev $ ccrt,I 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 rouse the receiving WSACC interceptor 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 WSACC interceptor. This analysis has been preformed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Section I for which, to the best of my knowledge will not adversely affect the downstream sewer capacity. Signature of this form indicates acceptance of this wastewater flo risdictiori 's '/ ni an Qj` rc tti� Si i ttrr Date WATER & SEWER AUTHORITY OE CABARRUS COUNTY October 25, 2012 Ms. Tarbara Gross Engineering Assistant - New Services Section. Charlotte -Mecklenburg Utilities 700 North Tryon Street Charlotte, NC 28202 Subject. Flow acceptance Request Sanitary Sewer to Serve Mallory Apartments At'Vern till'on CMU Job Number 600-12-634 Dear Ms. 1`ltis is arra approval for flow acceptance received by the Wales and Sewer Authority of Cabal -rids County (WSACC) for Charlotte Mecklenburg Utilities (C1W1Ll) on October 24, 2012. WSA.CC has or will have capacity at the Rocky River Regional Wastewater Treatment Plant and a:ppropriatc s.»e v°er interceptors to transport and treat the domestic wastewater from the proposed project entitled Mallory Apartments at Vermillion located along Wartieid Avenue just east of the intersection vvith 1luntersvillc-Concord Road in .1lu.ntersvillc. The project will include the construction of eight apartment units. WSACC agrees to accept 1,f)80 gpd of wastewater from this ptoject. Please note that if construction of this project is not started within two (2) years of the date of this approval, the approval is rescinded and a second request and approval will he required. Please notify WSACC in ing when construction of this project .is initiated. If you have any questions, please call me at (704) 786-1783, extension 228. cc: harry Shearin, P.E./CMU Coleman Keefer Mark ,Lomax Chad VonC.annon, P.17 Sincerely, a w4a, Thomas A. Bach, P.E. Utility Systems Engineer State of North Carolina Department ofEnvirontneni and Natural Resources Division of Water Quality Flow TrackingiAcceptance for Sewer Extension Permit Applications (FTSE —1 0/07) Tory Apartments at Vertion Project Section 1. Name cx stewater treatment facility (WWTF) recc Rocky River Wastewater Treatment Facility Permit No: NC0036269 E Muddy Creek Wastewater Treatment Facility Permit No: NCO1081621 WWTP facility pert :d obl WWT Total flow for this Total actual and ob Percent ow, MOD ibuttar to the WWTP, MGD tool T daily fltt�w, lv liecific request, MGD licl Vows to the fac d Iiow used 26.500 0.869 14.62 (55 17% ofiermit) 58.45c Section I1_. Pump stations along the route from the Jurisdiction's connection point to the WWTP. (For each existing pump station to be impacted by this proposed sewer extension project;, list each pump station name, approximate pump station firm (design) capacity and approximate current average Flow (previous 12 months) for each pump station. Include the proposed flow for this project and other flows that have been approved for the pump station but are not yet tributary.) Pump Station Name: 1PS Approx. Capacity, MGt) (Firm/Design) t Avg. aD Sec-tia ACC Cert s A; Bach , cet if that, tta the hest of my knowledge, the addition of the c.r to be permitted in this project has been evaluated along the route from the connection to the interceptor 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. This analysis has been preformed in accordance with local established policies sand procedures using the hest available data, This certification applies to those items listed above in Section 1 and Section 11 for which, to the best of my knowledge, will not adversely affect the downstream sewer capacity. Signature of this form indicates acceptance of this wa,ewaats r 11 rth Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT or THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919}807-200O Date: 11/9/2012 Click here to: View Document Filings j File an Annual Report 1 Print a pre -populated Annual Report Form I Amended A Previous Annual Report Corporation Names Name Name Type NC BOWMAN DEVELOPMENT LEGAL GROUP, INC. Business Corporation Information SOS1D: 0215428 Status: Current -Active Effective Date: 9/22/1987 Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: Office Address: Mailing Address: Principal Office RUFF JR, THOMAS C 8310 UNIVERSITY EXEC PK STE 520 CHARLOTTE NC 28262 8310 UNIVERSITY EXEC PK STE 520 CHARLOTTE NC 28262 Office Address: 13815 CINNABAR PL. HUNTERSVILLE NC 28078 Mailing Address: 13815 CINNABAR PL. HUNTERSVILLE NC 28078 Officers Title: PRESIDENT Name: ROBERT BOWMAN Business Address: 13815 CINNABAR PL, HUNTERSVILLE NC 28078 Stock Class Shares No Par Value Par Value COMMON 100000 1 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3654 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=4963208 11/9/2012 Fr Permit Number IiN60036237 Central Files: APS SWP 11/21/12 Permit Tracking Slip Program Category Status Project Type Non -discharge Active New Project Permit Type Fast Track Version Permit Classification Gravity Sewer Extension, Pump Stations, & Pressure Sewer 1.00 Individual 'Extensions Primary Reviewer Permit Contact Affiliation michael.parker Coastal SW Rule Permitted Flow 1080 Facility Facility Name Mallory Apartments at Vermillion Location Address Owner Major/Minor Region Minor Mooresville County Mecklenburg Facility Contact Affiliation Owner Name Bowman Development Group Inc Dates/Events Owner Type Non -Government Owner Affiliation Robert Bowman President 13815 Cinnabar PI Huntersville Orig Issue 11/21/12 App Received Draft Initiated 11/08/12 Scheduled Issuance Public Notice Issue 11/21/12 NC 28078 Effective Expiration 11/21/12 Regulated Activities Re • uested/Received Events Additional information requested Additional information received Apartment complex Condominium Wastewater collection Outfall NULL Waterbody Name Stream Index Number Current Class Subbasin ENGINEERING Transmittal Mc2 Engineering, Inc. 2110 Ben Craig Dr.., Ste. 400 Charlotte, NC 28262 Phone 704.510.9797 Fax 704.510,9787 Jeff @Mc2eng.com To: NCDENR 610 East Center Ave., Ste. 301 Mooresville. NC 28115 Attention: Dee Browder Project: 704,663.1699 al ry Apartments at Ver Project #: 12-031 Date: 11 /2/ 12 For Your As Requested For YourApproval. For Your Review ion — Huntersville, NC 1 0/3/12 Fast Track Application — Gravity SS 10/3/12 Application p fee of $480 10/3/12 Operational Agreement 10/31/12 . .. u., Downstream, WWTF Flow Tracking Color USGS Map 10 3/12 Certifications Comments: het me know if you need any additional information. errs- y President CC: RE, P:I12--031 rvlallory Apts\Con.esponder ce1TransniittahNeDE.NR.doe FAST TRACK SEWER ENGINE NG CERTIFICATION PERMITTEE: PERMIT #: PROJECT: ISSUE DATE: Bowman Development Group Inc. W00036237 Mallory Apartments at Vermillion 11/21/2012 RECErVE CDENR/LANK MOOR PSVI REGIO N AI OFFICE This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation, It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. 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, A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMrUEE'S CERTIFICATION the undersigned agent for the Perrnittee, 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 Permlttee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof, RbISEL1 IS 11 At,k) rktr7- 9 Printed Name, Title Signature ENGINEER'S CERTIFICATION Date Jeff McCluskey , as a duly registered Professional En neer in the State of North Carolina, having been authorize observe (El periodically, 0 weekly, jiJ full time) the construction of the project name and location as referenced above for the above Perrnittee 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 proressional Engineer's Seal w/signature & date: Ell Final : Partial (include descriptlon) Certification Comments/Qualifiers (attach if necessary): •2• S9EA601-6 ) a Mc 111111%11 Transmittal Mc2 Engineering, Inc. 2110 Ben Craig Dr., Ste. 400 Charlotte, NC 28262 Phone 704.510.9797 Fax 704.510.9787 Jeff@Mc2eng.com To: NCDEQ 610 E. Center Avenue Mooresville, NC 28115 Attention: Cori Tuvia 704-235-2190 Project #: 12-031 Date: 7/23/19 moO 'OU„.,_ For Your Information As Requested for Your Approval For Your Review. Project: Mallory Apartments at Vermillion / Comments: Please contact our office needed, Bryan D. Murr Project Engineer any additional information is P:\I2-03y Apt Corres rKlence\Tr NC.DEQ) - Ashuilts-07.22.191.,doc