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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)