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WQ0036570_Regional Office Historical File Pre 2018 (2)
Aidsi NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A Reeder Governor Director June 17, 2013 Mr. Gene Ritz, Authorized Agent Apex Construction Services, LLC 9057 Manchester Highway Morrison, TN 37357 John E. Skvarla, III Secretary Subject: Permit No. WQ0036570 The Exchange at Charlotte Wastewater Collection System Extension Mecklenburg County, NC Dear Mr. Ritz: In accordance with your complete application received June 10, 2013, we are forwarding herewith Permit No. WQ0036570, dated June 17, 2013, to Apex Construction Services, 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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 and supplement shall be considered a part of this permit and are therefore incorporated therein by reference, Please pay particular attention to the following conditions contained within this permit: Condition IL4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee.. It shall be responsibility of Apex Construction Services 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. 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-161.7 Location; 512 N, Salisbury St. Raleigh, North Carolina 27604 Phone:919-807-6900 FAX: 919-807-6492 Internet: www,ncwaterquality=orq An Equal appa#urwty 1 Affirmative Action Employ one 4orthCarolina ,Naturally VIvfr: Gene Ritz June 17, 2013 Page Two If you need additional information concerning this matter, please contact Michael Parker at (704) 235- 2194 or via e-mail at Michael.Parker@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Quality by Michael L. Parker Surface Water Protection Supervisor Mooresville Regional Office Electronic copy: Robert M. Reddick, Jr., P.E. cc: Mooresville Regional Office, Surface Water Protection Section Water Quality Central Files PERCS (electronic copy) ArcvA NCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Apex Construction Services, LLC for the construction and operation of approximately 2,000 linear feet of 8-inch gravity sewer to serve The Exchange at Charlotte development, and the discharge of 34,965 gallons per day of collected domestic wastewater into the Charlotte Mecklenburg Utilities existing sewerage system, pursuant to the complete application received June 10, 2013, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance untilrescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 17th day of June, 2013. for Thomas A. Reeder Division of Water Quality By Authority of The Environmental Management Commission Permit Number: WQ0036570 SUPPLEMENT TO PERMIT COVER SHEET Apex Construction Services, LLC is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in Mallard Creek Wastewater Treatment Facility prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. SPECIAL CONDITIONS lf, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. 2. No flow in excess of the quantity permitted herein, 34,965 GPD, shall be made tributary to the subject sewer system until an application for permit modification for an increase in flow has been submitted to and approved by the Division of Water Quality. • II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 1SA 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. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. 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 to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 28.0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility, Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member 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 SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300, Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence, This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the 55O was beyond control, 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7, 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. 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. if the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: I a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, 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. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After -construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. 10. 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. 11. 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. FAST TRACK ENGINEERING CERTIFICATION Permittee: Apex Construction Services, LLC Permit No. WQ0036570 Project: The Exchange at Charlotte issue Date: 06/17/2013 Complete and submit this form to the permit issuing regional office with the following: + One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension, Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format, Record drawings should indicate the design and the marked up changes during construction.. 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 farm. Perrnit modifications are required for any changes resulting in non-compliance with this permit, regulations or r minimum design criteria. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineers Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE"S CERTIFICATION the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature ENGINEERS CERTIFICATION Date El Partial L, Final 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (© periodically, © weekly, D full time) the construction of the subject 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 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials,. North Carolina Professional Engineer's Seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR MOORESVILLE REGIONAL OFFICE 610 EAST CENTER AVENUE, SUiTE 301 MOORESVILLE, NC 28115 The Permittee is responsible for tracking all partial certifications up until a final certification i 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, DWQ Use Only: Flow from this projects tributary to: z 0 USE THE TAB KEY TO tb"OVL FROM FIELD TO FIELD! f. Owner/Perrnitte: la Apex Construction Services, LLC Full Legal Name (company, municipality HOA uttb y, e . ,p Y, ity, e 1 b. Gene Ritz /?')!tl ji _ Signing Official Name and Title (Please review 15A NCAC 2'f 0106 (b) for authorized signing officials!) ic. The Legal entity who will own this system is: 0 Individual D Federal El Municipality 0 State/County 0 Private Partnership ® Corporation 0 Other (specify); Application Number: (to be completed by DWQ) p 1d. 9057 Manchester Hoy LL Mailing Address 1f. TN 0 1e, Morrison City 1 g. 37357 State Zip Code h. 931.8155050 li. 931.815.5 L? 1j. gritz@apex€stenn.com Telephone Facsimile E-mail 2. Project (Facility) Information: 2a, THE EXCHANGE AT CHARLOTTE. Brief Project Name (permit wilt refer to this name) 3. Contact Person: 3a. ROBERT M. REDDICK, JR., P,E., Tt E JOHN R. MCADAMS COMPANY, INC. Name and Affiliation of Someone Who Can Answer Questions About this Application 704-361-6889 Phone Number Project _ is New 0 Modificahon Owner is CI Public (skip to Item B( 2a. tf pdvate, applicant will be: f an existing perm( _2b. MECKLENBURG County Where Project is acat c. reddick anj'vhnrmc;d E-mail odification, Permit No.: Private (go to (tom 2(a)) 2b, if sold, tacili D Retaining Ownership (i.e. store, church, single office, etc,) ing units (lots, townhomes, etc. - skip to item B(3)) eltiing units (lots, townhomes, etc. - go to Item B(2b)) 0 Public Utility (Instruction C) Homeowner Assoc./Developer (Instruction D) CHARLOTTE MECKLENBURG UTILITIES Owner of Wastewater Treatment Facility (WWVTF) Treating Wastewater From This Project 4a. MALLARD CREEK WVVTF 4b. NC00302 Name of wiArrF � WWTF Permit No, CHAR-MECK, UTILITIES Owner of Downstream Sewe lReceivi Q S. The origin of this wastewater is (checkallt Q Residential Subdivision Apartments/Condominiums ❑ Mobile Home Park 0 School Ell Restaurant El Office Gravity Force Main apply)::: © Retail (Stores, s Institution 0 Hospital © Church [ Nursing Horne © Other (specify):. opping censers) Volume of wastewater te, be allocated or Permitted for this particular project: 34 'Do not include future flows or previously permitted allocations If the permitted flow is zero, indicate why: ] Pump Station, Outfail or Interceptor Line where flaw will be permitted in subsequentpermits that connect to (hiis tine © 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) 00 °A Domestic/Commercial % Industrial (attach description.) (RO: contact your Regional Office Pretreatment staff) % Other (specify), per day FTA 12 t1 Provide the wastewater flow calculations used in determining the permitted flow inaccordancewith 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). 259 apartment units x 135 GPDtunit = 34,965 GPD f Sewer Lines to be Permitted (attach addition Size (inches) 8" p Stations wt asso Pump Station Location ID Z Design Flow Z (MGD) 0 U z z NIA if necessary) Length (feet) 2©t90+ d Force Mains to tae Permitted Operational Point> GPM @TOH Power Reliability Option - permarrunt generator w1ATS; 2 - portable generator wIMTS NewGravity or Additional Force Main GRAVITY h additional she shown on plans/map for Force Main Size Force Main Length Pu p Station Lac I Design Flow (MGD) perational Point GPM @TDH (self chosen - Power Reliability Option - permanent generator MATS; 2 - portable generator w!MTS Force M n plans Size Force Main Lengfth iPump Station Location ID Design Flow (MGD) Operational Poin GPM 1TDH self chosen - Power Reliability Option anent generator w1ATS; 2 - portable generator w/MTS s shown on plans/map for reference) Force Main Size Force Main Length 12, Will the wastewater flow in the proposed sewer lrnes car pump stations a able to be directed to another treaalment: facftity? Yes No If Yes, permit number of '2"d treatment facility (RO - if `yes" to R;12 please contact the Central Office PERCS Unit) i3. 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 rninirnum design criteria or regulation and indicate why a variance is requested. SUBMIT IWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION PTA .2/07 1,1 Have owing permits/certifications been submitted for approval for he system or project to he served? 0 VVetland/Strearri Crossings - General Permit or 401Cerlification? Yes 0 No El N/A Sedimentation and Erosion Control Plan? Yes D No 0 N/A Stormwater? 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 checked once every six months Check if Yes: 0 and provide details 1. OwneriPermittee's Certification: (Signature of Signing Official and Project Name) 1, Gene Ritz, attest that this application for THE EXCHANGE AT CHARLOTTE has been reviewed by rite and is °locum c, and complete to the best' of rny knowledge, I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to, being r t d as incoinp!ete, Note: In accordance with North Carolina General Stabile's 143-215.6A and 143-215613, n p sqn wb wingly makes any false statement representation, or certification in any application shall be guilty of error, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per Date ENGINEERIN N DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL OF THIS APPLICATION T SE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIR PROXIMITY TO OTHER UTILITIES, DESIGN CALCULATIONS. ETC, REFER TO 15A NCAC 02T .0305 2, Professional Engineer's Certification: (Signature of Design Engineer and Project Name) 1, _ROBERT M. REDDICK JR, P,E. attest that this application for THE EXCHWQ TAOTT has bean 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 SewerMinimum Design Criteria for Gravity Sewers adopted February 12, 1995, and the Minimum Design Criteria for the Fast -Track Pennilling of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidanoe. Although other professionals may have developed certain portions of this submittal package, inciusion of these materials under my signature and seal signifies that 1 have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement representation, or certification in any application shalt be guilty of e 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. ROBERT M. REDDICK, JR„ P.E. Professional Engineer Name 2b, THE JOHN R. MCADAMS COMPANY, INC. Engineering Firm 2c. 11301 CARMEL COMMONS BLVD„ SUITE 111 Mailing Address 2d. CHARLOTTE 2e. NC 2f, 28226 City Slate Zip 2g, 704.361.6889 2h. 704,527.2033 2i. Telephone Facsimile reddick Wohnimcadams.com NC PE Seal, 8:valor COUNTY OF of S;i`ATE C1F NORTI"I AROI'NA ll� Permit. No. 00 36 DE ELOPER'S OPERATIONAL AGREEMENT" This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this and between the North Carolina Environmental. Management Conan an, an agency of the State cif North Carolina, hereinafter known as the COMMISSION: and R & C.i Student Housing , LLC , a corporation/general partnership registered/licensed to do 'business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETII: I. 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 irnprovenrents, said development to be known asThe Exchange at Charlotte. (hereinafter the Development).. The DEVELOPER desires, to construct a wastewater collection system with pumps.. wastewater treatmt 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. 1.43- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings u and lands through filing of a Declaration of Unit Ownership {hereinafter Declara 47C or 47F of the North Carolina. General Statutes. :her improvements pursuant to Chapter 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the The Exchange at Charlotte Management Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds liar such operation, rnaintenan.ce, re -construction and repair. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in considerationof the promises and the benctits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER. do hereby mutually agree as follows:. I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2 The DEVELOPER. shall not transfer ownership and/or control of the Disposal System. to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 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 DEVEL.OPER's successor. CF1D A A. rlr'\.r 111 *'F1'3 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained. arfd operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal. State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for th.e 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, villa.ge, 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. 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 hy the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1., 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) here the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the A.ssociation. 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 indicatedby each of the parties named FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION Char es Wakfld, P.E, Director Division of Water Quality R & G Student Housing, LLC---- Name of DEVE Russ Greer Print Name d Title Icy -ND A. • UN 7 (VI Itll CI IA CHARLOTTE-M ECKLENBURG UTILITY DEPARTMENT May 20, 2013 Mr, Robert Reddick The John R. McAdams Company, Inc. 11301 Carmel Commons Boulevard Suite 111 Charlotte, NC 28226 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE THE EXCHANGE AT CHARLOTTE TAX PARCEL# 051-011-18 C-MU TRACKING# 600-12-557 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 gravity sewage flow of 34,965 gallons per day (259 apartment units x 135 god/unit) from this project for transmission to the Mallard Creek Wastewater Treatment Plant; NPDES permit number NC003O210,, for treatment, This acceptance of flow is based upon the existing capacity of the designated publicly owned treatments works. Please see attached FTSE form, 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 ID # 0160010),on file with the Public Water Supply Section of NCDENR. However, Charlotte -Mecklenburg Utility Department 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-Mecklenbcr Utilities s stern is acre t n a first come first served basis, The applicant should understand that this letter is not authorization to construct private water OF sewer systems, as the appropriate local or State permits are required prior to construction. !f the appr opriate authorization to construct permits are not obtained and construction has not rt w toe f ear of uance ref this l9ow acce otarrce study, and peyent for eny._se year of issuance ofdaas tl©cpterace letfpr phis epprpvi h acceptance study rnust be madeif you have any questions, you may contact me at (704j 432-580 Sincerely, Barbara Gross Engineering Assistant C H A f'tLQTTE -M E C K LE N B I,J Ri Engineering Division • Installation Development Services PARTMENT www.crnufalr kcOm 700 North Tryon Street Charlotte, NC 28202 Ph: 704/432-5801 Fax: 704/432-5804 Flow Trackingi. cceptance for Sewer State of North Carolina Department of i nvironment and Natural Resources Division of Water Quality pion Permit Applications (FTSE —10/07) Project Applicant Name: to - hn c t Project Name for which flow is being requested: More than true f'°/ & /0/07 rn 2L Ire requirtal crr s1r qle project 6frhe owner of purnp stations along the ratite of t'Ire proposed w rstewatermllow. Charo responsible for all 1. Complete this section only if you are the owner of the wastewater treatment plant, rt. WWTP Facility Narne: b. WWTP Facility Permit #: eek c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the W 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 tlow used r All flows are in MGD 4, 2 . ©m0 P 0.880 7,5 .034 I. Complete this secoa for each pump station you are responsible proposed wastewater flow, List pump stations located between. the project connection point and the WWTP Pump Station Name along the route of this Approx. Capacity, MGD A.pprox, Current. Avg, (FirnFDesign) Daily Flow, MGD Certification St certify that, to the best of my knowledge, the addition of the ater to be permitted in this project has been evaluated along the route to the receiving wastewater tceatrnent 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 bbeen performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections 1 and 11 for which 1 am the responsible party, Signature of this form indicates ae ante of thi w stewwater flow. Ling e ie 1 Signa Date 3409 390g 340] i ?II TERCHAHt • ,jl'If D n•.• 1'$ it 3906 •/" �ti :ti;Iv PORTION OF USGS Gf. TOPOGRAPHIC MAP 35080-C6-TF-024 HARRISBURG, N.C. �Jt y'() ~�i;:..+. I t(-- r cJ i �a,_- ..\! /:`%•' 0 . Ll 1 North Carolina Secretary of State • Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Ra1e10, NC 27626-0622 (919)807-2000 Date: 6/10/2013 Click here to: View Document Filings I Upload a PDF Filing File an Annual Report 1 Print a Pre -populated Annual Report Fillable PDF Form I Amended A Previous Annual Report Corporation Names Name Name Type NC APEX CONSTRUCTION SERVICES OF LEGAL TENNESSEE, LLC APEX CONSTRUCTION SERVICES, LLC HOME STATE Limited Liability Company Information SOSID: Status: Effective Date: Citizenship: State of Inc.: Duration: Annual Report Status: Registered Agent 0596249 Current -Active 7/2/2001 FOREIGN TN 12/31/2029 CURRENT Agent Name: Office Address: Mailing Address: Principal Office CT CORPORATION SYSTEM 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Office Address: Mailing Address: Officers 9057 MANCHESTER HWY MORRISON TN 37357 9057 MANCHESTER HWY MORRISON TN 37357 Title: Name: Business Address: Title: Name: Business Address: MANAGER J. GREGORY BROCK 9057 MANCHESTER HWY MORRISON TN 37357 MANAGER GENE A. RITZ 9057 MANCHESTER HWY MORRISON TN 37357 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 722 http://www.secretary.state.nc.us/corporations/Corp.aspx? Pitemldw534978 8 6/10/2013 THE JOB R. MC AMS COMPANY, INC.. LETTER OF TRANSMITTAL To: NCDENR Date: Attn: Dee Browder 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Re: The Exchange at Charlotte June 7, 2013 ** HAND DELIVER ** Job No.: PCG-13000 I am sending you the following ite COPIES 1 DATE„ 6/7/13 6/7/13 6/7/13 6/7/13 6/7/13 S NO. These are transmitted as checked below: D j As requested For approval For review and comment Remarks: Copy to: DESCRIPTION .w. Application NCDENR Check # 1002 for $480 Flow Accetatance Letter CMU Developers Operational Agreemen Engineering Plans © For your use Signed: FOR INTERNAL USE ONLY Copy Letter of Transmittal Only to File -1 Copy Entire Document to File Robert M. Reddick Jr., PE Sr. Project Manager ENGINEERS PLANNERS • SURVEYORSV• ENVIItONIv1ENTAL RESEA.RC11 TRIANGLE NARK. CHARLOTTE 800433-5646 i www.lohnnncadams.com Pat McCrory Governor NCDENR North Carorina Department of Environment and Natural Resources Division of Water Quality Charles VVakild, P.E. John E, Skvarla, Director Secretary tYle-I-Westric Dear Mr,/Nia, Subject: Fast Track Application Return y - Project Nam Ec, o4 C County. North Carolina Division of Water Quality, Mooresville Regional Office received your Fast Track sewer application on 1.0 3jj. During an initial review of your application, your application Was determined to be incomplete for the reasons listed below, Therefore, your application is being returned. (Please include a copy of this letter with your resubtnittal). For a listing of the correct forms and instructions please visit: littp:8112o.enr.state.nc:us/percs/ColleetionSvstems/Collection5ystemAppf Iitiul Li Li LI Please complete/correct the following deficiencies: Applicationsubnritted on wrong or outdated forms .Fon'n(s); Application was submitted without a processing fee or with an incorrect processing fee, pplication did not contain a Flow Tracking Form (FTSE 10/07) tova-1 Application did not contain the Developer's/Homeowner's pplication did not contain the correct number of copies., Application 'failed to include project .rnap, .006114 CmuD Operational .Agreement, Volt Application (line A,1b) \vs not signed by an authorized representative in accordance with I 5.A NCAC 2T :0106(b), (see http//h2o,ent.state,nealstadmiiesdrim) 4Vi LLA-- g submission of a complete tilplication, the N400resville Regional Office 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, Mooresville Regional Office Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28.115 Phone: (704) 663-1699 ). Fax: (704) 663-6040 Infernet: nittp(fiportal:ncrienr.orgiweb/wq NorthCarolina An Equal Opportun4 Affirtna0ve Ad.ion .Employer - 50% Recyci•edi 0% Post Consumer .paper If you have any questions regarding this matter, please contact this Office at 704-663-'1699, Sincerely, Michael i,. Parker Regional Supervisor Surface Water Protection Enclosure: Fast Track Sewer Extension Application cc; RO File • • Permit Number WQ0036570 Central Files: APS SWP 06/17/13 Permit Tracking Slip Program Category Non -discharge Permit Type Fast Track Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions Primary Reviewer michael.parker Coastal SW Rule Permitted Flow 34965 Facility Facility Name The Exchange at Charlotte Location Address Owner Status Project Type Active New Project Version Permit Classification 1.00 Individual Permit Contact Affiliation Major/Minor Region Minor Mooresville County Mecklenburg Facility Contact Affiliation Owner Name Owner Type Apex Construction Services LLC Non -Government Dates/Events Owner Affiliation Gene Ritz 9057 Manchester Hwy Morrison TN 37357 Orig Issue App Received Draft Initiated 06/17/13 06/10/13 Scheduled Issuance Public Notice Issue Effective 06/17/13 06/17/13 Regulated Activities Requested/Received Events Apartment complex Wastewater collection Outfall NULL Additional information requested Additional information received Expiration Waterbody Name Stream Index Number Current Class Subbasin