WQ0040110_Application_20180626

CES Group Engineers, LLP
274 N. Hwy. 16, Suite 300
Denver, NC 28037
Phone: [phone]
TO: NCDEQ
610 E. Center Avenue
Mooresville, NC 28301
WE ARE SENDING YOU:
LETTER OF TRANSMITTAL
Date: June 22, 2018
Attention: Ori Tuvia
RE: 6708: Stratford Subdivision — Phase 3
FTA Sewer Submittal
! RECEIVED/NCDENR/DWR
JUN 2 5 2018
WQROS
MOORESVILLE REGIONAL OFFICE
AS REQUESTED x DRAWINGS BY UNITED PARCEL SERVICE
x FOR YOUR REVIEW x PRINTS X BY US MAIL
FOR YOUR INFORMATION CHANGE ORDER Hand Delivered
THE FOLLOWING ITEMS:
COPIES
DATED
DESCRIPTION
1
FTA Package and accompanied documents
1
LCPW Approved Plan Set
1
Check ($480)
REMARKS:
Thank you.
SENDER:

CES Group Engineers, LLP
WBENC/DBE /WBE/SBE /SPSF/NCHUB/WOSB
June 22, 2018
Mr. Ori Tuvia
North Carolina Department of Environmental Quality
Water Resources Section
610 E. Center Avenue
Mooresville, NC28301-5094
Re: Stratford Subdivision — Phase 3
Gravity Sewer Line
Lincoln County, NC
Project Number 6708.1215
Dear Mr. Tuvia,
RECEIVED/NCDENR/DVM
JUN 2 5 2018
WORDS
MOORESVILLE REGIONAL OFFIC
Included are the design plans for 506 linear feet of eight (8) inch gravity sewer line to serve
36 new single-family homes for the Stratford Subdivision located at 2712 North Highway 16
Denver, North Carolina. CES Group Engineers, LLP (CES) is pleased to present these
plans for review and permitting through the Fast Tract Sewer System Extension
Application. These plans are for Phase 3 of the subdivision and will include 36 lots with a
flow allocation of 8,640 GPD. Flow allocation is based on an average 3 -bedroom home per
lot at buildout. The buildout for Phase 3 will be for a peak design flow of 15 gallons per
minute (gpm).
These plans are submitted on behalf of the Owner Newton Crossing Development, LLC.
Once complete, the sewer infrastructure will be deeded to Lincoln County for ownership,
operation, and maintenance.
The property consists of one land parcel recognized by Lincoln County GIS as Parcel
ID number 4604-57-4558. The parcel consists of approximately 87 acres.
These plans are for your review and comment. Should you have any questions please
feel free to contact me at (704)-489-1500.
Respectfully,
CES GROUP ENGINEERS, LLP
osh Peeler, E.I.
Civil Project Manager

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
f\ rrll �nvcnm�Cn�"�RIDWR
Application Number: U� IIV (to be completed byDWR) JUN 5 2018
All items must be completed or the application will be returned WOROS
I. APPLICANT INFORMATION:
MOORESVILLE REGIONAL OFFIC
L Applicant's name: Newton Crossing Development, LLC (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: Brian Iagnemma per 15A NCAC 02T .0106(b)
Title: President Land Development
4. Applicant's mailing address: 13000 S Tryon Street F-205
City: Charlotte State: NC Zip: 28278-
5. Applicant's contact information:
Phone number: 704) 423-8988 Email Address: [e-mail]
IL PROJECT INFORMATION:
1. Project name: Stratford Subdivision - Phase 3
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number: WQ00_ and issued date:
If new construction but part of a master plan, provide the existing permit number: W000_
3. County where project is located: Lincoln
4. Approximate Coordinates (Decimal Degrees): Latitude: 35_50° Longitude: -81_00°
5. Parcel ID (if applicable): 4604-45-8856
(or Parcel ID to closest downstream sewer)
III, CONSULTANT INFORMATION:
1. Professional Engineer: Dave Lutz License Number: 032866
Firm: CES- Group Engineers, LLP
Mailing address: 274 N Hwy 16 Suite 300
City: Denver State: NC Zip: 28037 -
Phone number: [phone] Email Address: dlutz(ct�,ces-group.net
IV. WASTEWATER TREATMENT FACILITY (W WTF) INFORMATION:
1. Facility Name: Killian Creek WWTP Permit Number: NC 0088722
Owner Name: Lincoln County
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
1. Permit Number(s): W00039153 Downstream (Receiving) Sewer Size: 8 inch
System Wide Collection System Permit Number(s) (if applicable): WQCStc)tiffl
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?
M 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))
"Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Hasa flow reduction been approved under 15A NCAC 02T.01 14(h? ❑ Yes ❑ No
➢ If urovide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.01140
Daily Design Flow °,b
No. of Units
Flow
Single Family Dwelling
240 gal/GPD
36
8,640 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
8,640 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.0 1141 shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 8 640 GPD (per 15A NCAC 02T .0114)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, indicate why:
❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line
❑ Flow has already been allocated in Permit Number:
❑ 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
450
PVC
8
56
DIP
➢ Section 11 & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (If Applicable) —_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)(B).,
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility
Or if the pump station has an average daily flow less than 15,000 gallons per day:
❑ Portable power source with manual activation, quick -connection receptacle and telemetry - ISA 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(0):
1. Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (g) ® Yes ❑ No
➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems:
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 -1 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 M. 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 02B.02009 ® 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:
I. Does the submitted system comply with 15A NCAC 02T, the i ' u D i riteria For the Perminin(� of Purn t(.�Slatiorys
and Force Mains (latest version) and the Gravity Sewer Minimum Design Criteria (latest version) as applicable?
® Yes ❑ No
If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for
review. Annroval of the request is required urlorto submittal of the Fast Trick Annllcation and supporthur documents.
2. Professional Engineer's Certification:
L , -L- attest that this application for
not Ennincer's name from Aonlication Item Ill. 1.1
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 1 have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.611, 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 S25,000 per violation.
North Carolina Professional Engineer's seal, signature, and date:
j \\f,�, � +ttrrij✓p
4,
_ r i
ifi, i�,
3. Applicant's Certification per ISANCACO2T.0106(b):
F1 M. SA6-memmsk %' stir, t: (&cob attest that this application for
(Signature Authority's name & title from Application Item I.3.)
has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of
tills 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. 1 will make no claim against the Division of Water Resources should a condition
of this permit be violated. I also understand that if al( 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 143-215.68, 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.
Date: 2 (%q 1, la
FORM: PTA 04.16 Page 5 of 5

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State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of water Resources Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Entity Requesting Allocation: Newton Crossing Development, LLC
Project Name for which flow is being requested: Stratford Phase III
More than one FTSE may be required for a single project if the owner of the WfVTP is not responsible for all pump
stations along the route of the proposed wastewater low.
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
All flows are in MGD
c. WWTP facility's permitted flow 3.35
d. Estimated obligated flow not yet tributary to the WWTP 1.567
c. WWTP facility's actual avg. flow 1.124
f. Total flow for this specific request 0.009
g. Total actual and obligated flows to the facility 2.700
h. Percent of permitted flow used 80.60%
II. Complete this section for each pump station you are responsible for along the route of this
proposed wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A)
(B)
(C)
(D)=(B+C)
(E)=(A-D)
Design
Obligated,
Pump
Average Daily
Approx.
Not Yet
Total Current
Station
Firm
Flow**
Current Avg.
Tributary
Flow Plus
(Name or
Capacity, *
(Firm / pt),
Daily Flow,
Daily Flow,
Obligated
Available
Number)
MGD
MGD
MGD
MGD
Flow
Capacity***
#1513
1.856
0.742
0.000
0.201
0.201
0.541
#12 1.584 0.634 0.225 0.298 0.523 0.111
* The Firm Capacity of any pump station is defined as the maximum pumped flow that
can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking
factor (pf) not less than 2.5.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): 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.
Signing Official Signature
C Zp i 28"1Qz,
Date
Page 2 of 6
FTSE 04-16

Water Resources mu
Environmental Quality
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
coremo
MICHAEL S. REGAN
Se<iernn
i. JAY ZIMMERMAN
Director
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 for the 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 Cornpares
State of North Carolina i Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

If you have any questions, please contact me at [phone], or via email at
[e-mail].
Sincerely,
L ,Vj-
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: NC0088722
PERCS (electronic copy)

J2`o`LN�-
COUNTY OF LINCOLN, NORTH CAROLINA
20 a T
115 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA
R nCAA�`� 28092
DEPARTMENT OF PUBLIC WORKS
PHONE [phone]
FAX [phone]
u454^A A I. CK�] A. P Plp a � 1 Dare
June 20, 2018
Newton Crossing Development, LLC
Attn: Brian Iagnemma — President of Land Acquisition
13000 S Tryon Street, F-205
Charlotte, NC 28278
RE: Stratford Subdivision — Phase III Sewer Availability
Mr. Iagnemma,
This letter is provided in response to your request for availability, received March 29, 2018, for flow
acceptance of the wastewater treatment infrastructure (the "System") for the Stratford Phase III
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 36 lots with a total flow of 8,640 gallons
per day of additional flow at the NCDENR approved reduced flow rate of 240 gallons per day per
home into LS -12; and
2. For the NCDENR Permits, the receiving sewer treatment facility is the Killian Creek WWTP,
Permit #NC 0088722. The sewer collections facility is the East Lincoln County Water and Sewer
District, Permit #WQCS 00149; and
3. The County shall not be named as the Permittee on NCDENR system applications. You must
make the application to NCDENR 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 NCDENR, and proof provided to the County of a valid permit
issued by NCDENR 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.
e. That upgrades and improvements to sewer pump station 412 are complete and fully
operational as designed to accommodate the Stratford Development sewer flow prior to any
approval, acceptance of the System, and transferal of the System to the County.

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/Z--
Chuck
King
Engineering Associate
Cc: File

6/4/201fi
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Limited Liability Company
Legal Name
Newton Crossing Development Company, LLC
Information
SOsld: 1521225
Status: Current -Active
Annual Report Status: Current
Citizenship: Foreign
Date Formed: 6/1/2016
State of Incorporation:
SC
Registered Agent: Stallard, Willam G
Addresses
Reg Office
11310 S Ridge Dr Ste a
Charlotte. NC 28273
Company Officials
Reg Mailing
11310 S Ridge Dr Ste a
Charlotte, NC 28273
Mailing
120 Cromer Road
Lexington, SC 29073
Principal Office
120 Cromer Road
Lexington, SC 29073
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
President land acquisition President Authorized Agent
Brian lagnemma Karl a Haslinger Steven E Harvey
11310 S Ridge Dr Ste a 120 Cromer Road 497 Bramson Ct Ste 201
Charlotte NC 28273 Lexington SC 29073 Mi pleasant SC 29464
Secretary Chief Executive Officer
Tana Williams Walter Arnold
120 Cromer Road 120 Cromer Road
https://w .sosnc.gov/online_services/search/Business_Registration_Results 1/2

6/4/207,8
North Carolina Secretary of State Search Results
Lexington SC 29073 Lexington SC 29073
https://v .sosnc.gov/online_services/search/Business_Registration_Results 2/2

STATE OF NORTH CAROLINA
COUNTY COUNTY OF Lincoln Permit No. V
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this day of
by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Newton Crossing Development, LLC , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Lincoln County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Stratford Subdivision (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, the Unit Owners' Association (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the Imus 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:
I. 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. Tile 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 08-13 Page I of

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
he 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 I, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions ofany
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
(Date)
Newton Crossing Development, LLC
Nameo VELOPE
BArAYJ �t • t MEmm Tjl�rrD �� D
Print Name and Title
�— It 4
(Date)
FORM: DEV 08-13 Page 2 of 2