HomeMy WebLinkAboutWQ0043305_Owner (Name Change)_202410071213 w morehead street. suite 450 P 704.334.3303
charlotte. nc 28208 urbandesignpartners.com
U R B A N
TRANSMITTAL D E S I G N
PARTNERS
To: NCDEQ - DWR Date: 10/2/2024
Water Quality Permitting
Section - PERCS Unit
1617 Mail Service Center,
Raleigh, NC 27699
Phone: 919-807-6300 Project Name: Eastfield Station
Fax: Project No: 21-CLT-079
Transmitted Via:
Action:
❑
Overnight
❑
For Approval
❑
Courier
❑
For Your Use
❑
Hand
❑
As Requested
®
Mail
❑
For Review & Comment
❑
Fax
❑
For Signature
Number I Date I Description
2 1 10/02/2024 NCDEQ - Change of Ownership Form - PNOCF 01-16
Comments
If there are any comments, questions, or concerns, please reach out to Alex Spence
at alex@urbandesignpartners.com, or Owen Spencer at
ospencer@urbandesignpartners.com
RECEIVED
Cc: OCT 07 2024
NCDEQ/DWR/NPDES
State of North Carolina
DWR Department of Environmental Quality
Division of Water Resources
SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
Dtvislon 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 Qua(itr Permitting. wehsite.-
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 15 A NCAC 02T .0106(b). RECEIVED
B. Existing Permit (All Applications):
® Submit a copy of the most recently issued permit and certification.
C. Property Ownership Documentation (All Applications): OCT 07 2024
The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities:
® Legal documentation of ownership (i.e., CoIS, deed, article of incorporation, or contract). or p�
❑ Written notarized intent to purchase agreement signed by both parties with a plWtV N PDES
❑ Approved board minutes
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.
➢ Develoners of lots to be sold
® Per 15A NCAC 02T .0115(bl, 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 I of I
DWR
Division of Water Resources
L 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
I. Permittee's name: MVP Euuities Fund IV LLC
2. Signature authority's name: Kevin Palka per I5A NCAC 02T .0106(b)
3. Signature authority's title: Director
4. Permittee's mailing address: 1775 Tvsons Blvd, 6' Floor
City: McLean State: VA Zip: 22102-_
S. Permittee's contact information: Phone number: (703) 201-5330 Fax Number (_)
Email Address: kevintwmvoeouities.com
H. APPLICANT INFORMATION:
1. Applicant's name: GS Eastfield LP
2. Signature authority's name: Josh Glover per 15A NCAC 02T .0106(b)
3. Signature authority's title: 9+ROOF Vice President
4. Applicant's mailing address: 521 E Morehead St. Suite 400
City: Charlotte State: NC Zip: 28202-_
5. Applicant's contact information: Phone number: t704) 840-7394 Fax Number
Email Address: ieloveraerevstaccom
6. Representative's name: Mike Sullivan
7. Representative's title: Director. Development
8. Representative's contact information Phone number: (104) 332-0404 Fax Number (_)
Email Address: michael.sullivan2GDerevstar.com
1. Existing permit number: W00043305 and most recent issuance date: March 24 2022
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 .01 16? ❑ Yes or ® No
FORM: PNOCF 01-16 Page I of 2
IV. CERTIFICATIONS:
Existing.Permittee's Certification per 15A NCAC 02T.0106(b):
Kevin Palka
[, attest that this application
(Signature Authority's name & title from Application item 1.2 & 3)
has been reviewed by meand 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 civil penalties up to $25,000 per violation.
Signature:
/'"-;f, Date: 09/24/2024
Applicant's Certification per 15A NCAC 02T .0106(b):
[ Josh Glover, Vitae President attest that this application
(Signature Authority's name & title from Application Item II.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 143-215.6B, 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 civil penalties up to $25,000 per violation.
Signature: _� Date: 10/2/24
FORM: PNOCF 01-16 Page 2 of 2
ROY COOPER
Commar
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, jR.
Director
Mr. Kevin Palka
MVP Equities Fund IV LLC
1775 Tysons Blvd., 6" Floor
McLean, VA 22102
Subject: Permit No. WQ004330S
MVP Equities Fund IV LLC
Eastfield Station
Dear Mr. Palka,
NORTH CAROLINA
Environmental Quality
March 30, 2022
Wastewater Collection System Extension Permit
Mecklenburg County
In accordance with your application received March 24, 2022 and additional information received March
30, 2022, we are forwarding herewith Permit No. WQ0043305 dated March 30, 2022, to MVP Equities
Fund IV 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.
Condition 11.7: Upon completion of construction and priorto operation of these permitted facilities, the
completed Engineering Certification form with checklist attached to this permit shall be
submitted with the required supporting documentsto the address provided on the form.
Permit modifications are required for any changes resulting in non-compliance with
this permit, regulations, or the Minimum Design Criteria. (15A NCAC 02T.01161
It shall be 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
® IF ®ZNorth CaratIna Dcparnecnt ofElMronmenaal Quality l Division of Water Resources
•/ MooresvtPe Reg(anat Office l blO East Center Arcnue.Su[c3O11 MooresvtllC Nwthcara2na 2&115
705.667.1Gh9
MVP Equities Fund IV LLC
Permit No. WQ0043305
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 requestwithin 30 days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Barry Love at (704)235-2143
or via e-mail at barry.love@ncdenr.gov.
Sincerely,
DoeuSigned by:
A14CC661AF27425...
for Richard E. Rogers, Jr.
Director, Division of Water Resources
by W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
enclosure: Operational Agreement
cc: Alex Spence, P.E. (electronic copy)
Charlotte Water (electronic copy)
Tommy Rowland (electronic copy)
Water Resources Central Files (electronic copy)
Regional Office Files
Page 2 of 8
d�.a STATE' a,�
�Z
" rl
t Nan l a
NORTH CAROLINA
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
MVP Equities Fund IV LLC
Mecklenburg County
for the construction and operation of approximately 1,228 linear feet of 8-inch gravity sewer as part of
the Eastfield Station project, and the discharge of40,903 gallons per day of collected domestic wastewater
into the Charlotte Water existing sewerage system, pursuant to the application received March 24, 2022
and additional information received March 30, 2022 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.
DocuS(gned by:
A74CC681AF27428...
for Richard E. Rogers, Jr.
Director, Division of Water Resources
By Authority of The Environmental Management Commission
Permit Number: WQ0043305
Permit Issued: March 30, 2022
Page 3 of 8
SUPPLEMENT TO PERMIT COVER SHEET
MVP Equities Fund IV 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 Charlotte Water Mallard Creek
Wastewater Treatment Facility in accordance with Permit Number NC0030210.
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.
SPECIAL CONDITIONS
1. This permit shall become voidable unless the agreement between MVP Equities Fund IV LLC and
Charlotte Water for the collection and final treatment of wastewater is in full force and effect. [15A
NCAC 02T.0304(h)]
2. No flow in excess of the quantity permitted herein, 40,903 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)]
3. The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the
terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance
with the terms and conditions of this permit. [15A NCAC 02T.0115]
II. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved. [1SA NCAC 02T.0104; G.S 143-21S.1(d3)]
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.01101
Page 4 of 8
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.01101
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 (i.e. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 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.
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:
Page 5 of 8
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)]
Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form with checklist 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
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 ofthe 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.
Page 6 of 8
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 changes of 10% orgreater, 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. Gravitysewers installed greaterthan 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 priorto completingand 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 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 bythe 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)]
Page 7 of 8
CERTIFICATION CHECKLIST
To be completed by the certifying engineer prior to operation of the permitted sewers, per 15A NCAC 02T.0116.
Certifying Engineer:
Certification Review Date:
Project Name:
WQ00 Project County:
1) Has permittee information changed since the permit was issued (or last modified): change of mailing address,
change of ownership, transfer from developer to HOA/POA, etc. ❑ Yes ❑ No
• If yes, please provide either a change of ownership form or new contact information. Note that transfer of
permits from the developer to the HOA/POA must occur with the first certification.
2) Have the as -built drawings have been signed, sealed, and dated by an N.C. PE? ❑ Yes ❑ No
3) Final Engineering certification? ❑ Yes ❑ No
If Partial Engineering certification, provide detailed narrative including what is being certified in the current
phase, what was previously certified (if applicable), and what is left to be certified.
4) Adequate information related to sewer lines: ❑ Yes ❑ No ❑ N/A
Three feet minimum cover has been provided for all sewers unless ferrous pipe was installed.
Minimum diameters for gravity sewers are 8-inches for public lines and 6-inches for private lines.
Manholes have been installed: At the end of each line, at all changes in grade, size, or alignment, at all
intersections, and at distances not greater than 425 feet; minimum diameter shall be 4 feet (48-inches).
5) Adequate information related to pump stations: ❑ Yes ❑ No ❑ N/A
• Ensure power reliability option was selected per 15A NCAC 02T.0305(h).
6) Was project construction completed in accordance with all of the following: ❑ Yes ❑ No ❑ N/A
• 15A NCAC 02T Minimum Design Criteria (MDC) for the permitting of Gravity Sewers (latest version), and MDC
for the Permitting of Pump Stations and Force Mains (latest version)?
If not, a variance approval is required in accordance with 15A NCAC 02T.0105(b), prior to certification and operation.
• Contact the Central Office to discuss the variance to determine a course of action.
• Applicant must submit two copies of the variance request form, plans, specifications, calculations, and any other
pertinent information to the Central Office (one hard copy, one digital copy).
• The central office will review the variance request, and if approvable, specific language regarding the variance
will be incorporated into the permit, either via a special condition or a supplementary letter. A copy of the
reissued permit with variance language or the variance letter must be maintained with the original documents.
7) Does the project contains high priority lines (15A NCAC 02T.0402(2))? ❑ Yes ❑ No
• If yes, ensure that the permit already contains the necessary condition related to high priority lines 15A NCAC
02T.0403 (a)(5). If the permit does not include this language, the Fast Track reviewer will reissue the permit with
the appropriate language.
8) Are Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe
length difference of 10% or greater, change in flow, pump station design capacity design change of 5% or greater, and
change in the number/type of connections)? ❑ Yes ❑ No
If yes, a permit modification request must be submitted to the appropriate Regional Office, and a modified
permit with revised certification must be issued prior to certification and operation.
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
PERMITTEE:
MVP Equities Fund IV LLC
PERMIT #:
WQ0043305
PROJECT:
Eastfield Station
ISSUE DATE:
March 30, 2022
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 duI registered Professional Engineer in the State of North Carolina,
having been authorized to observe (� periodically, ❑ 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 following construction:
approximately 1,228 linear feet of 8-inch gravity sewer; 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):
Noah Cnrulina Department ofEnvironmental Quality 1 Division ofWatcr Resources
DEWw&� MuuresvillcRegional Ofice1601EatCenter Avenue, Suite 3011Mooresville.\C2SI
704.663.1699
MECKLENBURG COUNTY. North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 10/02/2024
Identity
Parcel ID GIS ID
02718190 02718190
Postal Address on property (Only 1 shown)
6106 HUCKS RD CHARLOTTE NC 28269
Property Characteristics
Legal Desc
COS 2 M74-296
Land Area
2.440 AC
Fire District
Na
Special District
NA
Account Type
NA
Municipality
Na
Land Use
Multi Family
Land Analysis - Jurisdiction
Charlotte 2.443 GIS AC (100.00%)
Land Analysis -Zoning
R-12MF(CD) 2.443 GIS AC (100.00%)
Land Analysis - Other
Layer
IN
OUT
Utility ROW
0.000 GIS AC
2.443 GIS AC
(0.00%)
(100.00%)
Railroad ROW
0.369 GIS AC
2.075 GIS AC
(15.09%)
(84.91%)
FEMA Floodplain
0.000 GIS AC
2.443 GIS AC
(0.00%)
(100.00%)
Post Const Buffers
0.000 GIS AC
2.443 GIS AC
(0.00%)
(100.00%)
SWIM Buffers
0.000 GIS AC
2.443 GIS AC
(0.00%)
(100.00%)
Site Location
ETJ Area
Charlotte
Historic District
No
Census Tract #
55.26
Inside BIP Opportunity Area
No
Ownership
Owner Name
Mailing Address
GS EASTFIELD LP
521 E MOREHEAD ST STE
400 CHARLOTTE NC 28202
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
37374-270
05/26/2022
N/A
Situs Addresses tied to Parcel
HULKS RD CHARLOTTE NC
Environmental Information (View map to verify)
FEMA Panel
3710455800J (03/03/2009)
FEMA Flood Zone
OUT
Comm Flood Zone
OUT
Water Quality Buffer
OUT
Post Construction District
Yadkin -Southeast Catawba
Stream Watershed District
MALLARD
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data. Users of this map or report are hereby not&ed that the aforementioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained
herein.
MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 10/02/2024
Identity
Parcel ID GIS ID
02718188 02718188
Postal Address on property (Only 1 shown)
6615 CERRIS DR CHARLOTTE NC 28269
Property Characteristics
Legal Desc
APT TRACT 1 M74-296
Land Area
13.130 AC
Fire District
Na
Special District
NA
Account Type
NA
Municipality
Na
Land Use
Multi Family
Land Analysis - Jurisdiction
Charlotte 13.129 GIS AC (100.00%)
Mecklenburg 0.000 GIB AC (0.00%)
Land Analysis - Zoning
R-12MF(CD) 13.129 GIS AC (100.00%)
Land Analysis - Other
Layer
IN
OUT
Utility ROW
0.000 GIS AC
13.129 GIB AC
(0.00%)
(100.00%)
Railroad ROW
1.387 GIS AC
11.742 GIS AC
(10.57%)
(89.43%)
FEMA Floodplain
0.000 GIS AC
13.129 GIS AC
(0.00%)
(100.00%)
Post Const Buffers
0.000 GIS AC
13.129 GIS AC
(0.00%)
(100.00%)
SWIM Buffers
0.000 GIS AC
13.129 GIS AC
(0.00%)
(100.00%)
Site Location
ETJ Area
Charlotte
Historic District
No
Census Tract #
55.26
Inside BIP Opportunity Area
No
Ownership
Owner Name
Mailing Address
GS EASTFIELD STATION
APT OWNER LLC
521 E MOREHEAD ST STE
400 CHARLOTTE NC 28202
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
38846-062
05/29/2024
$10,610,000.00
37374-270
05/26/2022
N/A
Situs Addresses tied to Parcel (Only 1 shown)
3205 EASTFIELD STATION DR UNINC NC
Environmental Information (View map to verify)
FEMA Panel
3710455800J (03/0312009)
FEMA Flood Zone
OUT
Comm Flood Zone
OUT
Water Quality Buffer
OUT
Post Construction District
Yadkin -Southeast Catawba
Stream Watershed District
MALLARD
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data. Users of this map or report are hereby noted that the aforementioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained
herein.
MECKLENBURG COUNTY. North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 10/02/2024
Identity
Parcel ID GIS ID
02718189 102718189
Postal Address on property (Only 1 shown)
6816 CERRIS DR 304 CHARLOTTE NC 28269
Property Characteristics
Legal Desc
APT RACT 2 M74-296
Land Area
2.780 AC
Fire District
Na
Special District
NA
Account Type
NA
Municipality
Na
Land Use
Multi Family
Land Analysis - Jurisdiction
Charlotte 2.788 GIS AC (100.00%)
Land Analysis - Zoning
R-12MF(CD) 2.788 GIS AC (100.00%)
Land Analysis - Other
Layer
IN
OUT
Utility ROW
0.000 GIS AC
2.788 GIS AC
(0.00%)
(100.00%)
Railroad ROW
0.000 GIS AC
2.788 GIS AC
(0.00%)
(100.00%)
FEMA Floodplain
0.000 GIS AC
2.788 GIS AC
(0.00%)
(100.00%)
Post Const Buffers
0.000 GIS AC
2.788 GIS AC
(0.01%)
(99.99%)
SWIM Buffers
0.000 GIS AC
2.788 GIS AC
(0.00%)
(100.00%)
Site Location
ETJ Area
Charlotte
Historic District
No
Census Tract #
55.26
Inside BIP Opportunity Area
No
Ownership
Owner Name
Mailing Address
GS EASTFIELD STATION
APT OWNER LLC
521 E MOREHEAD ST STE
400 CHARLOTTE INC 28202
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
38846-062
05/29/2024
$10,610.000.00
37374-270
05/26/2022
N/A
Situs Addresses tied to Parcel (Only 1 shown)
4215 CHEYNEY PARK DR CHARLOTTE NC
Environmental Information (View map to verify)
FEMA Panel
3710455800J (03/03/2009)
FEMA Flood Zone
OUT
Comm Flood Zone
OUT
Water Quality Buffer
IN
Post Construction District
Yadkin -Southeast Catawba
Stream Watershed District
MALLARD
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps. and other public records and data. Users of this map or report are hereby notified that the aforementioned pudic primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained
herein.
MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 10/02/2024
Identity
Parcel ID GIS ID
02718194 02718194
Property Characteristics
Legal Desc
COS 3 M74-296
Land Area
13.950 AC
Fire District
Na
Special District
NA
Account Type
NA
Municipality
Na
Land Use
Multi Family
Land Analysis -Jurisdiction
Charlotte 13.911 GIS AC (100.00%)
Land Analysis - Zoning
MX-3
0.006 GIS AC (0.04%)
N1-B
0.174 GIS AC (1.25%)
R-12MF(CD)
13.731 GIS AC (98.71%)
Land Analysis - Other
Layer
IN
OUT
Utility ROW
2.118 GIS AC
11.793 GIS AC
(15.22%)
(84.78%)
Railroad ROW
0.000 GIS AC
13.911 GIS AC
(0.00%)
(100.00%)
FEMA Flcodplain
0.000 GIB AC
13.911 GIS AC
(0.00%)
(100.000/0)
Post Const Buffers
4.754 GIS AC
9.157 GIS AC
(34.18%)
(65.82%)
SWIM Buffers
0.000 GIS AC
13.911 GIS AC
(0.00%)
(100.00%)
Site Location
ETJ Area
Charlotte
Historic District
No
Census Tract #
55.26
Inside BIP Opportunity Area
No
Ownership
Owner Name
Mailing Address
GS EASTFIELD LP
521 E MOREHEAD ST STE
400 CHARLOTTE NC 28202
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
37374-270
105/26/2022
N/A
Situs Addresses tied to Parcel
CHEYNEY PARK DR CHARLOTTE NC
Environmental Information (View map to verify)
FEMA Panel
3710455800J (03/0312009)
FEMA Flood Zone
OUT
Comm Flood Zone
OUT
Water Quality Buffer
IN
Post Construction District
Yadkin -Southeast Catawba
Stream Watershed District
MALLARD
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
plankr efric maps. and other public records and data. Users of this map or report are hereby noted that the aforementioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained
herein.
MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 10/02/2024
Identity
Parcel ID GIS ID
02718193 02718193
Property Characteristics
Legal Desc
TOWN TRACT 2 M74-296
Land Area
5.706 AC
Fire District
Na
Special District
NA
Account Type
NA
Municipality
Na
Land Use
Multi Family
Land Analysis - Jurisdiction
Charlotte 5,692 GIS AC (100.00%)
Land Analysis - Zoning
R-12MF(CD) 15.692 GIS AC (I00.00%)
Land Analysis - Other
Layer
IN
OUT
Utility ROW
0.000 GIS AC
5.692 GIS AC
(0.00%)
(100.00%)
Railroad ROW
0.000 GIS AC
5.692 GIS AC
(0.00%)
(100.00%)
FEMA Floodplain
0.000 GIS AC
5.692 GIS AC
(0.00%)
(100.00%)
Post Const Buffers
0.000 GIS AC
5.692 GIS AC
(0.00%)
(100.00%)
SWIM Buffers
0.000 GIS AC
5.692 GIS AC
(0.00%)
(100.00%)
Site Location
ETJ Area
Charlotte
Historic District
No
Census Tract #
55.26
Inside BIP Opportunity Area
No
Ownership
Owner Name
Mailing Address
GS EASTFIELD LP
521 E MOREHEAD ST STE
400 CHARLOTTE NC 28202
Deed Reference(s) and Sale Price
ed
Sale Date
Sale Price
374-270
F
05/26/2022
1 NIA
Situs Addresses tied to Parcel
CHEYNEY PARK DR CHARLOTTE NC
Environmental Information (View map to verify)
FEMA Panel
3710455800J (03/03/2009)
FEMA Flood Zone
OUT
Comm Flood Zone
OUT
Water Quality Buffer
OUT
Post Construction District
Yadkin -Southeast Catawba
Stream Watershed District
MALLARD
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats. tax maps, surveys,
planimetdc maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained
herein.
MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 10/02/2024
Identity
Parcel ID GIS ID
02718191 02718191
Property Characteristics
Legal Desc
TOWN TRACT 1 M74-296
Land Area
2.096 AC
Fire District
Na
Special District
NA
Account Type
NA
Municipality
Na
Land Use
Multi Family
Land Analysis -Jurisdiction
Charlotte 2.065 GIS AC (100.00%)
Land Analysis - Zoning
R-12MF(CD) 2.065 GIS AC (100.00%)
Land Analysis - Other
Layer
IN
OUT
Utility ROW
0.000 GIS AC
2.065 GIS AC
(0.00%)
(100.00%)
Railroad ROW
0.000 GIS AC
2.065 GIS AC
(0.00%)
(100.00%)
FEMA Floodplain
0.000 GIS AC
2.065 GIS AC
(0.00%)
(100.00%)
Post Const Buffers
0.000 GIS AC
2.065 GIS AC
(0.00%)
(100.00%)
SWIM Buffers
0.000 GIS AC
2.065 GIS AC
(0.00%)
(100.00%)
Site Location
ETJ Area
Charlotte
Historic District
No
Census Tract#
55.26
Inside BIP Opportunity Area
No
Ownership
Owner Name
Mailing Address
GS EASTFIELD LP
521 E MOREHEAD ST STE
400 CHARLOTTE NC 28202
Deed Reference(s)and Sale Price
Deed
Sale Date
Sale Price
37374-270
1 05/26/2022
NIA
Situs Addresses tied to Parcel
WARRIORS WAY RD CHARLOTTE NC
Environmental Information (View map to verify)
FEMA Panel
3710455800J (03/03/2009)
FEMA Flood Zone
OUT
Comm Flood Zone
OUT
Water Quality Buffer
OUT
Post Construction District
Yadkin -Southeast Catawba
Stream Watershed District
MALLARD
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data. Users of this map or report are hereby noted that the aforementioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained
herein.
MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 10/02/2024
Identity
Parcel ID GIS ID
02718192 02718192
Property Characteristics
Legal Desc
COS 1 M74-296
Land Area
0.670 AC
Fire District
Na
Special District
NA
Account Type
NA
Municipality
Na
Land Use
Multi Family
Land Analysis - Jurisdiction
Charlotte 0.664 GIS AC (100.00%)
Land Analysis -Zoning
N1-B
0.040 GIS AC (5.95%)
R-12MF(CD)
0.624 GIS AC (94.05%)
Land Analysis - Other
Layer
IN
OUT
Utility ROW
0.214 GIS AC
0.450 GIS AC
(32.22%)
(67.78%)
Railroad ROW
0.000 GIS AC
0.664 GIS AC
(0.00%)
(100.00%)
FEMA Floodplain
0.000 GIS AC
0.664 GIS AC
(0.00%)
(100.00%)
Post Const Buffers
0.000 GIS AC
0.664 GIS AC
(0.00%)
(100.00%)
SWIM Buffers
0.000 GIS AC
0.664 GIS AC
(0.00%)
(100.00%)
Site Location
ETJ Area
Charlotte
Historic District
No
Census Tract #
55.26
Inside BIP Opportunity Area
No
Ownership
Owner Name
Mailing Address
GS EASTFIELD LP
521 E MOREHEAD ST STE
400 CHARLOTTE NC 28202
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
El
37374-270 1
05/26/2022
N/A
Situs Addresses tied to Parcel
CHEYNEY PARK DR CHARLOTTE NC
Environmental Information (View map to verify)
FEMA Panel
3710455800J (03/0312009)
FEMA Flood Zone
OUT
Comm Flood Zone
OUT
Water Quality Buffer
OUT
Post Construction District
Yadkin -Southeast Catawba
Stream Watershed District
MALLARD
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetdc maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained
herein.
STATE OF NORTH CAROLINA
COUNTY OF Mecklenburg Permit No.
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this 2nd day of
October by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Josh Glover , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
I. The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Eastfield Station (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, GS Eastfield LP (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 andrepair.
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 andDeclaration.
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.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire 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 apermit.
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 tlhe 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:
Michael Montebello
Supervisor, NPDES Branch Chief
Division of Water Resources
Josh Glover
Name o. D ,VEL-"TRK
131:
(St at re)
DOSS &lover Uic-C PI-esildw-
Print Name and Title
10/2/24
(Date)
(Date)