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WQ0039597_Regional Office Historical File Pre 2018
R Env it ontnettta! Qua➢ity November 3, 2017 Mr, Joseph 5. Douglas, Manager Oakhurst Properties Two, LLC 9606 Bailey Road, Suite 250 Cornelius, NC 28031 .µR©Y COOPER Gtnaernor MICHAEL S. REGAN Secretary S. JAY ZIfv1MERMAN Direct©r Subject: Permit No. WQ0039597 Oakhurst Properties Two, LLC Village at Oakhurst (Phase II) Wastewater Collection System Extension Permit Mecklenburg County Dear Mr. Douglas: In accordance with your application received November 1, 2017, we are forwarding herewith Permit No. WQ0039597 dated November 3, 2017, to Oakhurst Properties Two, LLC (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. It shall be the responsibility of the Permittee to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §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 150E 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. -7--Nothing Compares _:. State of North Carolina I Environmental Quality b Water Resources 1 Water Quality Regional iperaYicrn: Mooresville Regional Office 16t0 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704-663-1699 If you need additional information concerning this matter, please contact Barry Love at (704)2 or via e-mail at barry.Iove@ncdenr.gov. Sincerely, d..tr ezby W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ cc: James L. Walters, P.E. (e-copy) Barbara Gross (e-copy) Tommy Rowland (e-copy) Regional Office Files Water Resources Central Files PERCS (e-copy) 214 2 Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Oakhurst Properties Two, LLC Mecklenburg County for the construction and operation of approximately 428 linear feet of 6-inch gravity sewer, to serve the Village at Oakhurst (Phase II) project, and the discharge of 8,076 gallons per day of collected domestic wastewater into the Charlotte Water existing sewerage system, pursuant to the application received November 1, 2017, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast - Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. FsuJ yW. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Permit Number: WQ0039597 Permit Issued: " November 3, 2017 3 �UU��U�������������������������� ~pm°v �x.u�v�mx~"�v v�� n*_��o�n�v v�~��n�um .�onx�m~v Oakhurst Properties Two, LLCis hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the CharlotteVVaterMcQovvpU[reek Wastewater Treatment Plant in accordance with Permit Number N�0036277. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A N[A[ JT the Division's Gravity Sewer Minimum Design Criteria adopted February 12` 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein. Division approval lobased omacceptance 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. 0' SPECIAL CONDITIONS l. No flow in excess of the quantity permitted herein, 8,076 GPD, shall be made tributary to the subject sewer system until an application for permit modification for an increase in flow has been submitted %oand approved bythe Division. [1SANCACOZT.O3O4(b)] I. This permit shall become voidable unless the agreement between Oakhurst Properties Two, LLC and Charlotte Water for the collection and final treatment ofwastewater is in full force and effect. [15A N[4[U2T.83U4(h)] The Operational Agreement between the Permittee and the Environmental Management Commission |sincorporated herein byreference and shall beacondition ofthis permit, Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-21S.GAto§14]-Z1S.6Cfor violation oforfailure toact inaccondance with the terms and conditions ofthis permit. [1SANCA[OZT.Q115] 11. STANDARD CONDITIONS l. This permit isnot transferable, |nthe 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 ormay not beapproved. [1SAN[4CO2T.O184;G.S14]-J1S.1/d3Q 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 027.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T .0110] 4. The wastewater collection facilities shall be properly 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: [15A NCAC 02T.0108(b)]: 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 (Le. 365 days per year). Pump stations that are connected to a telemetry system shalt 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 2B .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 ofthree years with exception of the map, which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. 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 II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(al)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. 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: 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 6 - the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the 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. [15A NCAC 02T .0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope. per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by -the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T .0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000, as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facifitie<. [1SA NCAC 02T .0110; 15A NCAC 02T .0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which may be required by the Division or any other Federal, State, of Local government agencies, [G.S. 143- 215.1(b)] 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: PERMIT #: PROJECT: ISSUE DATE: Oakhurst Properties Two, LLC WQ0039597 Village at Oakhurst (Phase II) November 3, 2017 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. PERMITTEE'S CERTIFICATION I, 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 Date ENGINEER'S CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (n periodically, n weekly, ❑ full time) the construction of the project name and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used .in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting materials. North Carolina Professional Engineer's Seal w/signature & date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers (attach if necessary): State of North Carolina I Environmental Quality 1 Water Resources I Water Quality. Regional Operations Mooresville Regional Office' 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 STATE OF NORTH CAROLINA _ COUNTY OF Mecklenburg Permit No. 55 ? r] DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into the day of November, 2017 by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Oakhurst Properties Two, LLC, a corporation/general partnership limited liability company registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon which it is erecting and will erect commercial buildings and other improvements, said development to be known: as Oakhurst Village Two, (hereinafter the DeveIopment). 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 creat it owner -ship in said dwellings -units, other improvements and nds-th eugh-riling. of n Declaration of Unit Ownership will impose a Declaration of Cross Easements and Covenants (hereinafter Declaration) making the Disposal System a common element available for the use, and to be maintained at the common expense, of all owners in the Development. , pursuant to Chapter 47C or 47F-of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of t h e Declaration, the Oakhurst Two Owners Association, Inc., (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 in the Development , 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: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable 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 Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. 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 and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there 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. b. 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 ‘vastewater. 8. Recognizing that it would be contrar> to the public interest and to the public health, .safety and welfare for the Association to enter into voluntary dissolution. without having madc 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) hcre 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 agreementwas executed in duplicate originals by the duly authorized representative of the parties hereto on .the day and year mfrittenas indicated by each of the parties -named below: FOR THE .ENVIRONMENTAL MANAGEMENT COMMISSION S. Jay Zimmerman.. P.G. cot_ Director, Division of Water Resources Oakhurst Properties Two, EEC Name °I:DEVELOPER Joseph S. Douglas, Manager Print Name and Title 3/ f 7 (Date) Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0300 EAST TRACK SEWER SYSTEM EXTENSION APPLICATION FTA 04-16 & SUPPORTING 'DOCUMENTATION Application Number: k CCO / 7 00 be COM pIr hDW R All items must be completed or thv applicationwill be returned 1. APPLICANT INFORMATION: Applicant's name: Oakhurst Properties `fwo, 1EC- (company, amnicipahty, flOA, utility, etc,) 2. Applicant type: ndividual Corporation El General 13:trinership E Privately -Owned Public Utility El Federal El Stale/County E Municipal [1] Other 3. Signature authority's name: Joseph S. Douglas per 1•5A .Nt',,,V(; 02T 0 Title; Manager 4: Applicant's mailing address: 9606 Bailey Rd,, Suite 250 City: Cornelius State: NU Zip: 21.1033.- 5, Applicant's contact information: Phone number: (704) ,651736'49 Email Address: IDouglas(i0 -Main.com 11. PROJECT INFORMATION: Project native: Village at Ottkhurst (Phase LI) 1. Application/Project status: Proposed (New Permit) Ej Existing PermittPrk. ect if a modification, provide the existing permit number: WQ00 and issued date: If new construction but part of a master plan, provide the existing permit number: WQ00_ 3, County where project is located: Mecklenburg 4, Approximate Coordinates (Decimal Deg,rees): Latitude: 785:' Longitude: -80.867783' 5. Parcel ID (if applicable): 005-034-02, 005-011...20, (or Parcel ID to closest downstream SeWer) III. CONSULTANT INFORMATION: Professional Engineer: James 1„Walsers I.„ieensc Number: Firm; I,„,atbarn-Walters Engineering._ Inc.. Mailing address: I 6507-A Northeross Drive ( ity: Iliattersvil lc Phone number: (204) 89.578484 State NC. Zip; 2507,8- Email Address: 11m(,41\vengineer.com IV. WASTEWATER TREATMENT FACILiTy (V \TF) INFORMATION: I. Facility Name: McDowell Creek 1\11\1TP Permit Number: _NC:0036:277 Owner Name: Charlotte Water V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): I Permit Number( s WQ3,667695 Downstream (Receiving) Sewer Size: 5 inch S„steni Wide (llectioli Syst,JIti Nianbeik,$) (if WQCS00001 Owner Name(s): Charlotte Water FOR M FT, 04-16 Page 1 of 5 I. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes ❑No ®N/A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached? ® Yes ❑No ❑N/A 3. If the Applicant is a Home/Property Owners' Association, has an Operational Agreement (FORM: HOA) been attached? ❑ Yes ❑No ®N/A 4. Origin of wastewater: (check all that apply): ❑ Residential Owned ❑ Retail (stores, centers, malls) ['Residential Leased ® Retail with food preparation/service ❑ School / preschool / day care ['Medical / dental / veterinary facilities ❑ Food and drink facilities ❑ Church ® Businesses / offices / factories ❑ Nursing Home 5. Nature of wastewater : 100 % Domestic/Commercial % Commercial % Industrial (See 15A NCAC 02T .0103(20) )Is there a Pretreatment Program in effect? 6. Has a flow reduction been approved under 15A NCAC 02T .01 I4(f)? ❑ Yes ➢ If ves, provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: ❑ Car Wash ❑ Hotel and/or Motels ['Swimming Pool /Clubhouse ❑ Swimming Pool/Filter Backwash ❑ Other (Explain in Attachment) ❑ Yes ❑ No ® No Establishment Type (see 02T.0114(f)) Daily Design Flow a'n No. of Units Flow Restaurant 40 gal/seat 107 4280 GPD 2 Office/Retail Buildings (29,200 S.F. total) 130 gal/1000 s.f. 29.2 3796 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 8076 GPD a See 15A NCAC 02T .0114(b). (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCA.0 02T.0114] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 8076 GPD (per 15A NCAC 02T .0114) ➢ Do not include future flows or previously permitted allocations If permitted flow is zero, indicate why: ['Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line ❑ Flow has already been allocated in Permit Number: LI Rehabilitation or replacement of existing sewer with no new flow expected ❑ Other (Explain): FORM: FTA 04- 1 6 Page 2 of 5 • VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 6 359 PVC 6 69 DIP 1 ^r Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria > Section III contains information related to minimum slopes for gravity sewer(s) • Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: Q Longitude: - ° 3. Design flow of the pump station: millions gallons per day (firm capacity) 4. Operational point(s) of the pump(s): gallons per minute at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material 6. Power reliability in accordance with 15A NCAC 02T .0305(h)( I): El Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(B): • Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day • Must be permanent to facility Or if the pump station has an average daily flow less than 15,000 gallons per day: ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T .0305(h)( l )(C) or El Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(l)(C): Y It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement) and is compatible with the station. Y If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. FORM: FTA 04-16 Page 3 of 5 X. SETBACKS & SEPARATIONS — (02B .0200 & I5A NCAC 02T .0305(f)): 1. Does the project comply with all separations found in 15A NCAC; 02T .0305a) & (g) • 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems: ® Yes ❑ No Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 24 inches Water mains (vertical -water over sewer including in benched trenches) 18 inches Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class II impounded reservoirs used as a source of drinking water 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches 10 feet Any building foundation 5 feet Any basement 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches ✓ 15A NCAC. 02T.0305(g) contains alternatives where separations in 02T.0305(0 cannot be achieved. Y **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage • If noncompliance with 02T.0305(I) or (gJ see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ❑ Yes El No ® N/A v See the Division's draft separation requirements for situations where separation cannot be meet > No variance is required if the alternative design criteria specified is utilized in design and construction Y As built documents should reference the location of areas effected 3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ❑ Yes ❑ No ® N/A "r This would include Trout Buffered Streams per 15A NCAC 2B.0202 4. Does the project require coverage/authorization under a 404 Nationwide or individual permits or 401 Water Quality Certifications? ▪ Information can be obtained from the 401 & Buffer Permittine Branch El Yes ® No 5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes ❑ No Per I5A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have been applied For, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 6. Does this project include any sewer collection lines that are deemed "high -priority?" Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer. ❑ Yes ® No ❑ NIA D If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at (east once every six -months and inspections documented per I5A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit. FORM: FTA 04-16 Page 4 of 5 C ,RTIIF ATIONS: 3. Docs the suhntittet and force. If No, completc and submit the Va for reefiew. Aroval (locum Profess ial Engineer's Certification; James L. Walters, P.E. 'Pro. h.nin has been reviewed by rate and is accura engineering calculations, and all other su of my knowledge the proposed dc:.sign Minimum Design Criteria for [ira:tvity Permitting of Pump Stations a portions of this submittal package, material and have judged it in be con a nam u No phlicattrin (VA DC 10-14) and sup iast "J'rac'k ieatitln Item Iete and consistent with the it cumentation to the best o prepared in accordance latest version), and the 5t version). Although o rials under nly slg •oposed design, ruing document` d sunno st that this application Nation supplied in the plates, specifications, y knowledge. 1 further attest that to the hest icablc regulations, Gravity Sewer .'sign Criteria for the Fast -Track mites that NOTE: In accordance will General Statutes 143-215,f A and 143 15.6I3, any person who knowingly makes any false statement, representation, or certification in s.nty application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000. as well its civil penalties up to S25,001) per violati North Carolina Professional Engineer's seal, signature, and date: 's Certification per 15A NCA ! I'.,p...f. {Signature Authority's ntunc ha, been revicued by me and this application are not completed and that if al application package is subject to being returned discharge system to surface waters or the land will injunctive relief, and/or criminal prosecution. 1 condition of this permit be violated. I also undca-stancc and attac and that if all required supporting in inc as incomplete. NOTE - In accordance tti•° statement, representation, or include a €itte neat to exceed $10,000 as well as urea (by aPl c hest oe 1 understand that if all rcq supporting tion and attachments are not in incomplete. 1 tinders.and that any discharge of wastewater fro n an immediate enforcement action that tna nake no claim against the Division of Water Resources if all required parts of'th oared a s application package are not completed he returned to any person who knowingly makes any false guilty of a Class 2 misdemeanor, 'which may violation. ETA 04-lfi Pag CHARLOTTE WATER October 2, 2017 Mr. Joseph Douglas Oakhurst Properties Two, LLC 9606 Gailey Rd Suite 250 Cornelius, NC 28031 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE VILLAGE AT OAKHURST PH II (COWBOY'S RESTAURANT SITE) 9615 BAILEY ROAD, HUNTERSV1LLE NC CLTWATER TRACKING# 20171245 After an analysis of the sanitary sewer associated with the proposed project, Village at Oakhurst PH II (Cowboy's Restaurant Site), it was determined that there is currently sufficient capacity to accommodate the proposed sewer flow of 8,076 gallons per day (29,200 ft2 retail space with food prep x 130 gpd11,000 ft2; 107 restaurant seats x 40 gpolseat) at the connection point(s) indicated on the submitted exhibit map for transmission to the McDowell Creek Wastewater Treatment Plant; NPDES permit number NC00036277, for treatment. This acceptance of flow is based on the existing capacity of the designated publicly owned treatments works. Please see the attached NCDEQ Flow Tracking form. Charlotte Water (CLTWater) 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, PWS ID # 0160010 on file with the Public Water Supply Section of NCDEQ. However, CLTWater cannot guarantee a constant pressure or quality of flow. CLTWater 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 CLTWater and sewer 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; and payment for any service connection(s) has not been received within (1) year of the issuance of this flow acceptance, this flow acceptance approval shall be rescinded and a new flow acceptance study 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 Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org Sth Operated by the City of Charlotte State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking/Acceptance for Sewer Extension Applications (FTSE 04-16) Entity Requesting Allocation: Oakhurst Properties Two, LLC Project Name for which flow is being requested: Oakhurst Village PH II More than one FTSE 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. 1. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: McDowell Creek WWTP b. WWTP Facility Permit #: Ncoo36277 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 All flows are in MGD 12.00 0.752 12.0 0.008 5.78 48.2% 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: (A) (B) (C) (D)=(B+C) (E)=(A-D) Design Obligated, Pump Average Daily Approx. Not Yet Total Current Station Firm Flow** Current Avg. Tributary Flow Plus (Name or Capacity, * (Firm / pf), Daily Flow, Daily Flow, Obligated Available Number) MGD MGD MGD MGD Flow Capacity*** * The Firm Capacity of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): Oakhurst Phase 11 Downstream Permit Number: 399-695 Page 1 of 2 FTSE 04-16 III. Certification Statement: I Carl Wilson certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections 1 and II plus all attached planning assessment addendums for which I am the responsible party. Signature of thiorm indicates acceptance of this wastewater flow. Signing Offic njtjAj Page 2 of 2 FTSE 04-16 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION SOSID: 143.9757 Date Filed: 4/I5/2015 I1:27:00 ANI Elaine F. Marshall North Carolina Secretary of State C2015 103 04853 Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: OAKHURST PROPERTIES TWO, LLC 2. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity ofa member, organizer or both. Note: This document must be signed by ail persons listed.) Joseph N. Tissue 10612-D Providence Road PMB 489 Charlotte, NC 28277 3. The name of the initial registered agent is: Joseph S. Douglas. 4. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 9606 Bailey Road, Suite 250 City Cornelius State: NC Zip Code: 28031 County: Mecklenburg 5. The mailing address, if different from the street address, of the initial registered agent office is: Number and Street 9606 Bailey Road, Suite 250 City Cornelius State: NC Zip Code: 28031 6. Principal office information: (Select either a or b.) a. ❑ The limited liability company has a principal office. The principal office telephone number: County: Mecklenburg The street address and county of the principal office of the limited liability company is: Number and Street: 9606 Bailey Road. Suite 250 City: Cornelius State: NC Zip Code: 28031 County: Mecklenburg CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January 2014) 1 ,(Form L-01) The mailing address, if different from the street address, of the principal office of the company is: Number and Street: 9606 Bailey Road, Suite 250 City: Cornelius State: NS' Zip Code: 28277 County: Mecklenburg b. ❑ The limited liability company does not have a principal office. 7. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are as follow: [i] To the full extent from time to time permitted by law, no person who is serving or who has served as a manager of this limited liability company shall be personally liable in any action for monetary damages for breach of his or her duty as a manager, whether such action is brought by or in the right of the limited liability company or otherwise. Neither the amendment or repeal of this provision 7.[i], nor the adoption of any other provision of these Articles of Organization inconsistent with this provision 7.[i], shalI eliminate or reduce the protection afforded by this provision 7.[i], to a manager with respect to any matter which occurred, or any cause of action, suit or claim which but for this provision would have accrued or risen, prior to such amendment, repeal or adoption. Ili] No agreement among the members shall constitute an operating agreement unless such agreement is in writing. This LLC shall not have any oral operating agreement. 8. (Optional): Please provide a business e-mail address The Secretary of State's Office will a-maii the busir above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. Privacy Redaction 9. These articles will be effective upon filing, unless a future date is specified: 3kk This is the day of April, 2015 Joseph N tje, Organizer NOTES: I. Filing fee is $125. This document must be filed with the Secretary of State. CORPORATIONS DIVISION (Revised January 2014) P.O. Box 29622 2 RALEIGH, NC 27626-0622 (Form L-01) LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: OAKHURST PROPERTIES TWO, LLC SECRETARY OF STATE ID NUMBER: 1439757 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2017 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Douglas, Joseph S. Filing Office Use Only E-Filed Annual Report 1439757 CA201703001096 1/30/2017 04:18 I I Changes 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 9606 Bailey Road 9606 Bailey Road, Suite 250 Cornelius, NC 28031-6116 Mecklenburg County Cornelius, NC 28031-6116 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate 2. PRINCIPAL OFFICE PHONE NUMBER: 704-896-9007 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 9606 Bailey Road, Suite 250 9606 Bailey Road Cornelius, NC 28031-6116 Cornelius, NC 28031-6116 SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: Joseph S Douglas TITLE: Manager ADDRESS: 9606 Bailey Road Suite 250 Cornelius, NC 28031 NAME NAME: TITLE: TITLE: ADDRESS: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Joseph S Douglas 1/30/2017 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of this form. Joseph S Douglas Manager Print or Type Name of Company Official Print or Type The Title of the Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 Exist. Oakhurst Ph. Cltwater Permit 399-695 to McDowell Creek WWTP NC0036277 MAIN Conelu 2017 United States Teems Send feedback 500 ft - Business Registration Division Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE PO Box 29522 Raleigh,tiC 27626-0622 (919)814-5400 Click Here To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Account Login Create Site Account Legal: OAKHURST PROPERTIES TWO, LLC Limited Liability Company Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: Registered Agent: Corporate Addresses 1439757 Current -Active Current Domestic 4/15/2015 January Douglas, Joseph S. Mailing: Principal Office: Reg Office: Reg Mailing: 9606 Bailey Road Suite 250 Cornelius, .NC 28031-6116 9606 Bailey Road Suite 250 Cornelius, NC 28031-6116 9606 Bailey Road Suite 250 Cornelius, NC 28031-6116 9606 Bailey Road Suite 250 Cornelius, NC 28031-6116 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager: Joseph S Douglas 9606 Bailey Road Suite 250 Cornelius NC 28031 https://www.sosnc.gov/Search/profcorp/10785336 11/1/2017 To: LATHAM-WALTERS ENGINEERING, INC. 16507-A Northcross Drive Huntersville, North Carolina 28078 Ph (704) 895-8484 Fax (704) 237-4362 jim@lwengineer.com LETTER OF TRANSMITTAL NC.I) Q- Wastewater Address: 610 Moo From: Date: Re: edith flan 3)/1.7 lage tOakllurs 1'hse 1D 'Tiding you attached UPS , the following items: shop drawings __specifications Copies 0t31 / 17 0/31/17 0/2/ 17 I/30/17 gNos prints copy of nc orttr ttion lac iom 7ha 1V ltltrl;'�_)tl alorF S SI for Street_ le THESE ARE TRANSMITTED ED as checked below: • For approval • For your use • As requested For review and comment O FOR BIDS DUI/ Attn: Sanitt Job No.: 2t r . ert. separate cover _samples package Desc.riotion copy. 480 wroogle map Agreement 2424) Approved as st,rbmitted Approved as noted Returned as correctiot s Forms for signatures & submitta Remarks: This application is for the permitting of a arv° new building, and 2 additional buildings in the requested flow restaurant 440 gpd/seat and 2 Office/retail buildings totaling 29?00 s.f, a total of 8076 gpd. The effluent will flow into the Charlotte water public McDowell Creek 'WWTP (NC0036277), Please call if any additional information is needed. (704) 895- ne to serve one 07 seat 30 gpd/ 1000 s..t'. for system, to the Permit Number WQ0039597 Central Files: APS _ Ste' 11/3/2017 Permit Tracking Slip Program Category Non -discharge Permit Type Gravity Sewer Fadension, Pump Stations, & Pressure Sewer Extensions Primary Reviewer barry.love Coastal SWRuIe Permitted Flow 8,076 Facility Status Active Version 1.00 Project Type New Project Permit Classification Individual Permit Contact Affiliation Facility Name Village at Oakhurst (Phase II) Location Address Owner Major/Minor Minor Facility Contact Affiliation Region Mooresville County Mecklenburg Owner Name Oakhurst Properties Two LLC DateslEvents Owner Type Non-Govemment Owner Affiliation Joseph S. Douglas 9606 Bailey Rd Comelius NC 28031 Orig Issue 11/3/2017 App Received 11/1/2017 Regulated Activities Draft Initiated Scheduled Issuance Office Wastewater collection Outfall Public Notice Issue 11/3/2017 Requested !Received Events Effective 11/3/2017 Expiration Additional information requested' Additional information received Waterbody Name Streamindex Number Current Class Subbasin