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HomeMy WebLinkAboutWQ0040103_Application_20180622RECEIVEDINCDENRIDWR JUN 2 U 2098 ...............................................................W ROS :COPY TO: MOORESVILLE kEGIONAL OFFICE (A) Addressee (B) ESP Main Project File ESP Associates, Inc. (C) PM's Project File 20484 Chartwell Center Drive ...................................................... ...............: Suite D Cornelius NC 28031 LETTER OF TRANSMITTAL Phone #: 704-990-9428 www.esoassociates.com ESP Project Name: Ingleside Farm Subdivision - Phase 5 Sewer ESP Project #: FM53.400 TO: NCDEQ/DWR Mooresville Regional Office - Water Quality Section 610 E. Center Avenue Mooresville, INC 28115 We are Sending: Attention: Date: June 20, 2018 ❑x Enclosed ❑Change Order ❑ Originals ❑Samples ❑Computations ❑ Sepia(s) F --]Literature F] Specifications ❑ Print(s) ❑Copy of Letter ❑ Floppy Disk ❑ Set(s) of Plans Copies Dated Sheet Description V These are Being Sent: ❑x For Your Approval ❑ Approved as Noted ❑ For Your Use ❑ Approved as Submitted ❑x For Your Review and Comment ❑ Approved as Changed ❑ For Your Signature ❑ Retumed for Corrections ❑ For Bids Due ❑ Retumed After Loan to Us By: ❑ Courier ® Federal Express Remarks: 'If enclosures are not as noted, kindly notify us Immediately ❑ Under separate cover via Corrected and Returned As Requested ❑ Mail Signed & Dated Andrew Loftin June 20, 2018 Signed & DaterY ❑Other I NCDEQ/DWR Water Quality Section — Wastewater Branch PERCS UNIT 1617 Mail Service Center Raleigh, NC 27699-1636 SUBJECT: Ingleside Farm Road Subdivision — Phase 6 Application for Sewer Extension Lincoln County, NC Ladies and Gentlemen, June 15, 2018 RECEIVED/NCDENRIDWR JUN 2 0 2018 WQROS MOORESVILLE REGIONAL OFFICE ESP Associates has prepared the attached Fast -Track Application for Gravity Sewer and Force Main. Included in the application is listed below • Fast -Track Sewer System Extension Application (FTA 04-16) with documentation • A check for the application fee in the amount of $480 • Flow Tracking/Acceptance for Sewer Extension Application (FTSE 04-16) • Site Maps • Developer's Operational Agreement (DEV 01-15) In summary, the project involves proposed 8 -inch gravity sanitary sewer to serve 67 -lot subdivision. The proposed sewer will discharge into the existing pump station in Ingleside Farm Road Subdivision — Phase 5. The proposed flow for the project is 16,080 gpd. Please do not hesitate to contact me if you have any questions or comments. Sincerely, ESP Associates, Inc. Dan Brewer, P.E. Senior Project Manager P0434 ChuI well( -cilia Drlcc SlliwD - Comelius,NC2II031 1.800.960.7917 - 704.99D.9428' - M7(14.583.4950 a'�eetc::pasmu: is c,.rum State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T.0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION Application Number: cki I &Y (to be completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: 1. Applicant's name: DR Horton (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ❑ Municipal ❑ Other 3. Signature authority's name: Dan Rossi per 15A NCAC 02T .0106(b) RECEIVEDINCDENRIDWR Title: Land Manager J U N 21 2018 4. Applicant's mailing address: 8001 Arrowridge Boulevard City: Charlotte State: NC Zip: 28273- WQROS 5. Applicant's contact information: MOORESVILLE REGIONAL OFFICE Phone number: (704) 685-2091 Email Address: dirossiAdrhorton.com II. PROJECT INFORMATION: 1. Project name: Ingleside Farm Road Subdivision - Phase 6 2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: W000_ and issued date: If new construction but part of a master plan, provide the existing permit number: W000_ 3. County where project is located: Lincoln 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.4515° 5. Parcel ID (if applicable): 02378 (or Parcel ID to closest downstream sewer) IH. CONSULTANT INFORMATION: 1. Professional Engineer: Dan E. Brewer License Number: 17582 Firm: ESP Associates, P.A. Mailing address: 20484 Chartwell Center Dr., Suite D City: Cornelius State: NC Zip: 28031-_ Longitude: -81.0384° Phone number: (74 990-9428 Email Address: dbrewer(Zksoassociates.com IV. WASTEWATER TREATMENT FACILITY (W WTF) INFORMATION: 1. Facility Name: Killian Creek W WTP Permit Number: NC 0088722 Owner Name: Lincoln County V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): WQ Downstream (Receiving) Sewer Size: 8 inch System Wide Collection System Permit Numbers) (if applicable): WQCS00149 Owner Name(s): Lincoln County FORM: FTA 04-16 Page 1 of 5 VI. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes ❑No ®N/A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached? ® Yes [-]No ❑N/A 3. If the Applicant is a Home/Property Owners' Association has an Operational Agreement (FORM: HOA) been attached? ❑ Yes ❑No ®N/A 4. Origin of wastewater: (check all that apply) ® Residential Owned ❑ Retail (stores, centers, malls) ❑ Car Wash ❑ Residential Leased ❑ Retail with food preparation/service ❑ Hotel and/or Motels ❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ® Swimming Pool /Clubhouse ❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash ❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater: 100 % Domestic/Commercial % Commercial _ % Industrial (See 15A NCAC 02T.0103(20 ) i,Is there a Pretreatment Program in effect? [—]Yes ❑ No 6. Hasa flow reduction been approved under 15A NCAC 02T.01 14(f)? ❑ Yes [:]No ➢ If yes provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type (see 02T.01 14(f) Daily Design Flow e'" No. of Units Flow Single Family, 3; Bedroom 240 gal/day 67 16,080 GPD gall GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 16,080 GPD a See 15A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 16 080 GPD (per 15A NCAC 02T.01 14) ➢ Do not include future flows or previously permitted allocations If permitted flow is zero, indicate why: ❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line ❑ Flow has already been allocated in Permit Number: ❑ Rehabilitation or replacement of existing sewer with no new flow expected ❑ Other (Explain): FORM: FTA 04-16 Page 2 of 5 VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T.0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8" 2192 PVC 8" 864 DIP ➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ Section III contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC VUL PUMP STATION DESIGN CRITERIA (If Applicable) —_2.2T.0305 & MDC (Pump Stations/Force Mains): COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: " Longitude: - 3. Design flow of the pump station: _ millions gallons per day (firm capacity) 4. Operational point(s) of the pump(s): gallons per minute at _ feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(13): ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility Or if the pump station has an average daily flow less than 15,000 gallons per day: ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T .0305(h)(1)(C) or ❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C): ➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement) and is compatible with the station. ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. FORM: FTA 04-16 Page 3 of 5 IX. SETBACKS & SEPARATIONS — (02B.0200 & 15A NCAC 02T.0305(f)): 1. Does the project comply with all separations found in 15A NCAC 02T.0305(f) & (g) ➢ 15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems: ® Yes ❑ No Setback Parameter* Separation Required Storm sewers and other utilities not listed below vertical 24 inches Water mains vertical -water over sewer including in benched trenches) 18 inches Water mains horizontal 10 feet Reclaimed water lines vertical - reclaimed over sewer) 18 inches Reclaimed water lines horizontal - reclaimed over sewer 2 feet **Any private or public water supply source, including any wells, WS -I waters of Class I or Class II impounded reservoirs used as a source of drinking water 100 feet **Waters classified WS (except WS -I or WS -V), B, SA, ORW, HQW, or SB from normal high water or tide elevation) and wetlands see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches 10 feet Any building foundation 5 feet Any basement 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches ➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. ➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage ➢ If noncompliance with 02T.0305(f) or (a), see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes ❑ No ❑ N/A ➢ See the Division's draft separation requirements for situations where separation cannot be meet ➢ No variance is required if the alternative design criteria specified is utilized in design and construction ➢ As built documents should reference the location of areas effected 3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 0213.0200? ®Yes [-]No ❑N/A ➢ This would include Trout Buffered Streams per 15A NCAC 213.0202 4. Does the project require coverage/authorization under a 404 Nationwide or [—]Yes ❑No individual permits or 401 Water Quality Certifications? ➢ Information can be obtained from the 401 & Buffer Permitting Branch 5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes [:]No Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 6. Does this project include any sewer collection lines that are deemed "high-priority?" Per 15A NCAC 02T.0402, "high-priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer. [-]Yes ® No ❑ N/A ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit. FORM: FTA 04-16 Page 4 of 5 X- CERTIFICATIONS: 1. Does the submitted system comply with 15A NC ? C 02i; the MinimKin De ign_Crited for the_Pemzittittg of Pumg,Starious artdPorceD4ainsjlatestyersigll),and the Grav' S�1verUlnimumDesignCriteria testversion)asapplicable? If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review. Approval of the request is required prior to submittal of the Fast Track Application and sup oortuu documents. 2. Professional Engineer's Certification: E 6v -ewer- _ attest that this application for (Professional Engineer's name from Application Item III. has been reviewed by me.and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and havejudged it to be consistent with the proposed design. 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. North Carolina Professional Engineer's seal, signature, and date: :°p��'FESSlO .Q n_ 82 3. Applicant's Certification per ISA NCAC 02T .0106(b): attest that this application for (SiPnature Authority's name le from Application Item 1t3 ) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non - discharge system to surface waters or the land will result in an immediate 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.-2.15,68, 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. ,.. Sio ature:.'r/�rr� d� .__ ...`_ .:G!.c5.. J.z�_... _.._....... Date: �y FORM: FTA 04.16 Page 5 of 5 Along with this form, submit a color copy of a USGS Topographic Map to identify the project area and waterbodies. Each map or maps must show the location of the sewer system and include location identifiers where the system traverses over or near waterbodies. The map should have location ID's for each different waterbody and corresponding classifications should be recorded. Include the completed form and map portions with the permit application for submittal to the appropriate review agency. A list of the Division's regional offices, their county coverage, and contact information can be obtained from: http://Portal.ncdenr.org/web/wq/home/ro Location ID Name of Waterbody' River Basin Waterbody Stream Index No. Waterbody Classification A Anderson Creek Catawba 11-119-2-2 C If unnamed, indicate "unnamed tributary to X", where X is the named waterbody to which the unnamed tributary joins. I certify that as a Registered Professional Engineer in the State of North Carolina that I have diligently followed the Division's instructions for classifying waterbodies and that the above classifications are inclusive of the stated project, complete and correct to the best of my knowledge and belief. PE Seal, Signature and Date (e 0 WN a O � o � a o � a a LL w - o Z CD In_ LOU K } J K > J — W w0~ WZ M: W (n �- C) oNgg I ` W=OW INiI>Ow1 Z_ F /jl1/ J a W 0 coW �// J Cal aD 111 -- ILIL y a , N J ZN^d J r—.. ?DNR a. W ;- W ZO U \- U H O rA K. F O WN Kamm O_.,-.- m `r /�'-,\- a✓"„ ---. �<< - Lu wQ iJ_r L- l +r� I U) U) LLZ � Z WOQQ -� �Fn 1 -.. a WZ�� �z�W U co 0 °D W Q O Q) J Z = �0. yy - LL Z N�cQQNQ �i - KZ F J W Ems W Karn 1ai0j0 a n J? w y K a 3 0 L J zowa u� h -- �O< 1}� mKa �- O^ .2 z< O O W V1 QFC O �4 r11 �'" -' ri W> N O D O§ ' O Wmw - LL <�n a0<0 a.2aKCal State of North Carolina ADepartment of Environmental Quality Division of Water Resources Mvislon of Water Resources Flow Tracking/Acceptance for Sewer Extension Applications (FTSE 04-16) Entity Requesting Allocation: DR Horton Project Name for which flow is being requested: Ingleside Farm Phase VI More than one FTSE may be required for a single project if the owner of the WIVDP is not responsible for ali pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Killian Creek WWTP b. WWTP Facility Permit #: NC0088722 Ali flows are in MGD c. WWTP facility's permitted flow 3.35 d. Estimated obligated flow not yet tributary to the WWTP 1.455 e. WWTP facility's actual avg. flow 1.124 f. Total flow for this specific request g. Total actual and obligated flows to the facility h. Percent of permitted flow used 0.016 2.595 77.46% II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) (B) (C) (D)=(B+C) (P)=(A-D) Design Obligated, Pump Average Daily Approx. Not Yet Total Current Station Firm Flow*" Current Avg. Tributary Flow Plus (Name or Capacity,(Firm / pf), Daily Flow, Daily Flow, Obligated Available Number) MGD MGD MGD MGD Flow Capacity*** #37 7.776 3.110 0.956 1.402 2.358 0.752 The Firm Capacity of any pump station is defined ns the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): Lincoln County Sewer System Downstream Permit Number: WQCS00149 Page 1 of 6 FTSE 04-16 III. Certification Statement: I Donald V. Chamblee certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form indicates acceptance of this wastewater flow. Page 2 of 6 FTSE 04-16 February 1, 2017 Chris Henderson Engineering Associate Lincoln County Public Works 115 West Main Street Lincolnton, NC 28092 Subject: Killian Creek WWTP, NPDES # NCO088722 Residential Flow Reduction Lincoln County Dear Mr. Henderson: ROY COOPER Comma? MICHAEL S. REGAN secrenny S. JAY ZIMMERMAN Ohalo' On January 29, 2007 the Division of Water Quality (now Division of Water Resources) granted a flow reduction for residential flow to Middle Forney Creek WWTP (NC0074012). Middle Forney Creek has been decommissioned and the NPDES permit rescinded. The flow previously being treated at Middle Forney Creek WWTP is now being treated at Killian Creek WWTP. All areas currently served by Killian Creek WWTP and conveyed through pump stations # 15 and # 37 were included in the analysis done for the flow reduction granted in 2007. Based upon the data provided by the County forthe 2007 flow reduction, the Division of Water Resources hereby approves the use of 80 GPD per residential bedroom, with a minimum of 160 gpd for one and two bedroom units in all applicable non -discharge permit applications to Killian Creek WWTP (NC0088722). Flow shall be incremented by 80 gpd for each bedroom above two. Regardless of the adjusted design daily wastewater flow rate, at no time shall the wastewater flows exceed the effluent limits defined in the NPDES permit for the treatment facility of exceed the capacity of the sewers downstream of nay new sewer extensions or service connection(s). The granting of this flow reduction does not prohibit the Division from reopening, revoking, reissuing and /or modifying the flow reduction as allowed by the laws, rules, and regulation contained in 15A NCAC 02T, NCGS 143-215.1, or as needed to address changed in State and/or Federal regulations with respect to wastewater collection systems, protection of surface waters and/or wastewater treatment. %'Nothing Compares State of North Carolina I Environmental Quality 1617 Mail Service Center i Ruleigh, North Carolina 27699-1617 919.707-9900 If you have any questions, please contact meat (919) 807-6383, or via email at deborah.eore@ncdenr.gov. Sincerely, for S. Jay Zimmerman Director, Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response and Collection Systems Branch Cc: Mooresville Regional Office, Water Quality Regional Operations Central Files: NCOOSS722 PERCS (electronic copy) STATE OF NORTH CAROLINA COUNTY OF poll Permit No. OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and DR Horton , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: The DEVELOPER is the owner of the certain lands lying in LINCOLN County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as INGLESIDE FARM ROAD SUBDIVISION - PHASE 6 (hereinafter the Development). The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Unit Owners' Association) (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 01-15 Page 1 of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONhIENTAL DR Horton MANAGEMENT COMMISSION Namc oaf-DEVVEELOOPER S. Jay Zimmerman, Director (Sign Division of Water Resources �\ 1/ !1' ' 1 V/I /L iv1G NCS r' Print Name and Title / ley, (Date) FORM: DEV 01-15 Page 2 of 2 COUNTY OF LINCOLN, NORTH CAROLINA 115 WEST MAIN STREET, 2"° FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA CAR°� 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704)736-8497 FAX (704)736-8499 WWW.LINCOLN000NMORG June 13, 2018 DR Horton Attn: Brian Pace 8001 Arrowridge Road Charlotte, NC 28273 RE: Ingleside Farm Phase VI Mr. Pace, This letter is provided in response to your request, dated March 13, 2018, for flow acceptance of the wastewater treatment infrastructure (the "System") for the Ingleside Farm Phase VI Development (the "Project'). Lincoln County (the "County") has the actual average daily flow capacity at its Killian Creek Wastewater Treatment Plant to treat the domestic wastewater as requested, and does conditionally grant approval for the Project, subject, however, to the terms and conditions below: 1. The amount of flow requested for the Project is for 67 lots with a total flow of 16,080 gallons per day of additional flow at the NCDEQ approved reduced flow rate of 240 gallons per day per home into LS -37; and 2. For the NCDEQ Permits, the receiving sewer treatment facility is the Killian Creek W WTP, Permit #NC 0088722. The sewer collections facility is the Lincoln County Sewer System, Permit #WQCS 00149; and 3. The County shall not be named as the Permittee on NCDEQ system applications. You must make the application to NCDEQ in your own name for the System; and 4. Acceptance of the System and transferal of the System to the County is subject to the following: a. A complete final inspection and approval of the System by the County, and receipt of other applicable documentation requested by the County; and b. Approval of the System by NCDEQ, and proof provided to the County of a valid permit issued by NCDEQ with an Authorization to Construct (ATC); and c. Initiating construction of the Project within two years of the date of this conditional approval. You must notify the Lincoln County Public Works Department in writing when construction of the Project is initiated; and d. The County continuing to have actual average daily flow capacity to treat the domestic wastewater as requested at the time all other conditions precedent have been satisfied. This acceptance and allocation of flow shall only be effective upon your compliance with all of the above terms and conditions and the County providing an acknowledgment that you have complied with all of the above terms and conditions. Included in this mailing is the Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE — 04/16) with the County's portion completed. If you have any questions, please do not hesitate to call me at 704-736-8497. Sincerely, ` CeuCfiuck King Engineering Associate Cc: File