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HomeMy WebLinkAboutWQ0040110_Owner (Name Change)_20230612RECEIVED State of North Carolina Department of Environmental Quality DWR Division of Water Resources , f JUN 12 2023 SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 This form is for ownership changes or name changes of a sewer system permit. Please note that "Permtttee" references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change. Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This form should not be used for permits with NC, NCG, SW or other types of non -sewer permits beginning with WQ. For more information, visit the Division's Water Quality Permitting's website: A. Sewer System Permit Ownership/Name Change (FORM: PNOCF 01-16) Application (All Applications): ® Submit an original completed and appropriately executed application (PNOCF 01-16). ® The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106 c , an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ® The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). B. Existing Permit (All Applications): ® Submit a copy of the most recently issued permit andlcertification. C. Property Ownership Documentation (All Applications): ➢ The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities: ® Legal documentation of ownership (i.e., GIS, deed, article of incorporation, or contract), or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or ❑ Approved board minutes 14 D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility): ❑ Per 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non -discharge system. E. Operational Agreements (Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be sold): ➢ Home/Property Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws that contain the language required by the Operational Agreement. ➢ Developers of lots to be sold ® Per 15A NCAC 02T .0115(b), submit an original of the properly executed Operational Agreement (FORM: DEV). F. Package Submitted in Duplicate ® Submit a copy of all required documents in Instructions A-E as required THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE TO: NCDEQ - DWR Water Quality Permitting Section PERCS Unit By U.S. Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1636 SUITE 925 RALEIGH, NORTH CAROLINA 27604 TELEPHONE NUMBER: (919) 807-6300 INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of I DWRO� �ww Division of Water Resources I. EXISTING PERMITTEE INFORMATION: State of North Carolina Department of Environmental Quality Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE INSTRUCTIONS FOR FORM: PNOCF 01-16 1. Permittee's name: Newton Crossing Development, LLC 2. Signature authority's name: Brian Ia ng emma per 15A NCAC 02T .0106(b) 3. Signature authority's title: President Land Development 4. Permittee's mailing address: 1300 S Tryon Street F-205 City: Charlotte State: NC Zip: 28278- 5. Permittee's contact information: Phone number: 704 815-1307 Fax Number Email Address: II. APPLICANT INFORMATION: 1. Applicant's name: Stanley Martin Homes LLC 2. Signature authority's name: Ron Willing per 15A NCAC 02T .0106(b) 3. Signature authority's title: Director of Land Development 4. Applicant's mailing address: 820 Forest Point Circle, Suite 100 City: Charlotte State: NC Zip: 28273- 5. Applicant's contact information: Phone number: 7( 04) 808-1132 Fax Number (_) _- Email Address: willingreastanleymartin.com 6. Representative's name: Ron Willing 7. Representative's title: Director of Land Development 8. Representative's contact information Phone number: (704) 808-1132 Fax Number �) _- Email Address: willingrenastanlevmartin.com III. PERMIT INFORMATION: 1. Existing permit number: W00040110 and most recent issuance date: 6/26/2018 2. Reason for the permit application: Change of Ownership If other, attach detailed explanation 3. Has the facility been constructed? ❑ Yes or ® No 4. Has the facility been certified per 15A NCAC 02T .0116? ❑ Yes or ® No FORM: PNOCF 01-16 Page 1 of IV. CERTIFICATIONS: Existing Permittee's Certification per 15A NCAC 02T .0106(h): I, Brian Iagnemma (President Land Development) attest that this application (Signature Authority's name & title from Application Item 1.2 & 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application are note completed and that if all required supporting information and attachments are not included, this application will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as ' enalties up to $25,000 per violation. Signature: Date: �j /2-3 Applicant's Certification per 15A NCAC 02T .0106(b): I, Ron Willing (Director of Land Development) attest that this application (Signature Authority's name & title from Application Item I1.2&3.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non - discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil (`�'J� pen lties u to $25,000 per violation. 2 Signature: Date: 0 /1 FORM: PNOCF 01-16 Page 2 of 2 BK 3027 PG 884 - 886 (3) This document presented and filed: 04/06/2021 03:23:45 PM DEED Fee $26 00 Transfer Tax: $0 00 628796 1111111111111111111 Lincoln County North Carolina Danny R. Hester, Register of Deeds Excise Tax $0.00 Parcel Identifier No. 29612 and 841 5 Mail after recording to: Grantee This instrument was prepared by: D. TODD WULFHORST - Kennedy & Wulfhorst, P.A., 3758 Hwy 16 N, Denver, NC 28037 Brief description for the index Acreage Highway 16 NORTH CAROLINA NON -WARRANTY DEED THIS DEED made this 161h day of March, 2021, by and between GRANTOR PAUL B. STEWART and wife, JEAN B. STEWART and STANLEY MARTIN HOMES, LLC, a Delaware limited liability company f/k/a STANLEY MARTIN COMPANIES, LLC 11710 Plaza America Drive, #1100 Reston, VA 20190 GRANTEE STANLEY MARTIN HOMES, LLC a Delaware limited liability company 11710 Plaza America Drive, #1100 Reston, VA 20190 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Town of Denver, Catawba Springs Township, Lincoln County, North Carolina and more particularly described as follows: TRACT I: Beginning at a point in the southern line of Paul B. Stewart and Jean Stewart property (Deed Book 1718, Page 777, Lincoln County Registry); thence with Stanley Martin's western line South 00 deg. 37 min. 23 sec. West 134.87 feet to a fnd #5 rebar; thence continuing South 00 deg. 37 min. 23 sec. West 72.13 feet to a broken scale on the eastern right of way for Highway 16; thence with the right of way for Highway 16 North 08 deg. 03 min. 52 sec. West 98.75 feet to a point; thence North 10 deg. 07 min. 53 sec. West 81.31 feet to a point; thence North 10 deg. 35 min. 50 sec. West 26.58 feet to a point; thence North 85 deg. 04 min. 19 sec. East 35.34 feet the POINT OF BEGINNING, containing 0.0789 acres, more or less, according to that survey prepared by CES Group Engineers, LLP dated 11/16/2016. TRACT II: All of the 68.37 acres in Parcel 29612, less and except the 0.0916 acres conveyed to Stewart of even date. It is the intent of this deed to combine the two tracts described above into one parcel for tax mapping purposes. BK 3027 PG 885 DOC# 628796 NO TITLE EXAM REQUESTED, NO TITLE OPINION GIVEN AND DRAFTER DID NOT PARTICIPATE IN CLOSING OF THIS TRANSACTION The property does not include the primary residence of the Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1718, Page 780. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers the day and year first above written. (SEAL) AUL B. STEWART JEAN B. STEWA SEAL -STAMP ED. WULFHORSTARY PUBLIC wln County th Carolina n Expires May 9, 2023 L) STATE OF NORTH CAROLINA COUNTY OF LINCOLN I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: PAUL B. STEWART and JEAN B. STEWART -Z4 Date: A A.i., otary M Commission Expires: �� , Notary Public Notary's printed or typed name BK 3027 PG 886 DOC# 628796 NO TITLE EXAM REQUESTED, NO TITLE OPINION GIVEN AND DRAFTER DID NOT PARTICIPATE IN CLOSING OF THIS TRANSACTION The property does not include the primary residence of the Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2885, Page 589. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers the day and year first above written. STANLEY MARTIN HOMES, LLC a Delawar j ed is ttfy cc pany By: (SEAL) WILLIAM G. S , AUTHORIZED REPRESENTATIVE SEAL -STAMP STATE OF NORTH CAROLINA COUNTY OF LINCOLN I certify that the following person(s) personally appeared before me this day, each Courtney B Hefner acknowledging to me that he or she signed the foregoing document: NOTARY PUBLIC WILLIAM G. STALLARD, AUTHORIZED REPRESENTATIVE Mecklenburg County orSTANLEY MARTIN HOMES, LLC North Carolina a Delaware limited liability company My Commission Expires October 25, 2025 Date: 3 a3 a vial signal otary �M ComCommissionExpires: , Notary Public ," b�" 5 i Notary' prinlcd or typed mmne Water Resources ENVIRONMENTAL QUALITY June 26, 2018 Brian Iagnemma, President Land Development Newton Crossing Development, LLC 1300 S Tryon Street F-205 Charlotte, NC 28278 Dear Mr. Iagnemma: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Permit No. WQ0040110 Newton Crossing Development, LLC Stratford Subdivision - Phase 3 Wastewater Collection System Extension Permit Lincoln County In accordance with your application received June 25, 2018, we are forwarding herewith Permit No. WQ0040110 dated June 26, 2018 to Newton Crossing Development, 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 II.1: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: 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 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. State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704 663 1699 If you need additional information concerning this matter, please contact Ori Tuvia at (704) 235-2190 or via e-mail at ori.tuvia(&ncdenr.gov. Sincerely, DocuSigned by: for F161 FB69AWMA3... by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: David Lutz (P.E.) (E-copy) Mooresville Regional Office Files Water Resources Central Files PERCS (E-copy) Page 2 of 8 Environmental Quality STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF 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 the Newton Crossing Development, LLC Lincoln County for the const'luction and operation of approximately 506 linear feet of 8-inh gravity sewer, to serve 36 single family 3 bedrooms homes as part of Stratford Subdivision - Phase 3 Development, and the discharge of 8,640 gallons per day of collected wastewater into the Lincoln County existing sewerage system, pursuant to the application received June 25, 2018, 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. DocuSigned by: F161FB69A2D84A3... for by W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ By authority of the Environmental Management Commission Permit Number: WQ0040110 Permit Issued: June 26, 2018 Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET Newton Crossing Development, 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 the Killian Creek Regional Wastewater Treatment Facility in accordance with Permit Number NC0088722. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; 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 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. I. 1 SPECIAL CONDITIONS 1) No flow in excess of the quantity permitted herein, 8,640 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. [15A NCAC 02T.0304 (b)] H. STANDARD CONDITIONS 1. This permit is not transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(0)] 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 02T.0I 10] 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. Page 4 of 8 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 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 § 143-215.1 C. 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. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. 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. 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. Page 5 of 8 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- 215.1 C(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)] 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 ounty'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 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 Page 6 of 8 discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. [ 15A NCAC 02T .0116] 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 Car lina-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 facilities. [ 15A 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 maybe required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215. 1 (b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: NEWTON CROSSING DEVELOPMENT, LLC PERMIT #: WQ0040110 PROJECT: STRATFORD SUBDIVISION - PHASE 3 ISSUE DATE: JUNE 26, 2018 This project shall not be considered complete nor allowed to operate in accordance with standard 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 to the Regional Supervisor, Water Quality Regional Operations Section at the address noted in the page footer. 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 by the Division. 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 fo�the Permittee, hereby state that this project has been construct4d pursuant to the applicable standards requirements, the Professional Engineer below has provid d 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 ofNorth Carolina, having been authorized to observe (❑ periodically, ❑ weekly, [3 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): NC DWR — Water Quality Regional Operations Section 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Mooresville Regional Office Phone: (704) 663-1699 FAX: (704)-633-6040 STATE OF NORTH CAROLINA COUNTY OF Lincoln Permit No. W o O C V I% 0 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of 2023 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Stanley Martin Homes LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: The DEVELOPER is the owner of the certain lands lying in Lincoln County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Stratford Subdivision - Phase 3 (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C 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 the Declaration, the Stratford Homeowners 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 subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 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. FORM: DEV 01-20 Page 1 of 2 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. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, te DEVELOPER shall take such action as is necessary tcause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 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) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION S. Daniel Smith, Director Division of Water Resources (Date) Stanley Martin Homes, LLC Nameo VELOPER� / Bv: / (Signature) Ron Willing/Director of Land Development Print Name and Title �,1Z3 (Date FORM: DEV 01-20 Page 2 of 2