Loading...
HomeMy WebLinkAboutWQ0040363_Application (FTSE)_20181018 LandD2Slgn. `+> CEIVEO/NCDENR/DWR CREATING PLACES THAT MATTER. .CT 12 ?01$ WQRC3 October 8, 2018 MOORESVILLc REGIONAL OFFICE Mooresville Regional DENR Office Division of Water Quality 610 E. Center Ave. Mooresville, NC 28301 RE: Wesley Village Phase II LandDesign PN: 1018285 Dear Sir/Madam, Wesley Towns, LLC are proposing to develop and construct 45 townhorres on a 3.75 acre tract. The units will be grouped 3-8 units into 8 buildings. We are estimating 8,550 gallons per day of gravity sewage. Attached is a letter from Charlotte Water agreeing to accept our flows to the Irwin Creek, WWTP. The sewer system contains 775 L.F. of private 8" DIP and 45 L.F. of 6"PVC. The private 8"DIP system will connect to an existing Charlotte Water 8"system located within Wesley Village Road. Included in this submittal is 2 copies of the Fast-Track Application form, $480 Application fee check, Operational agreement with two copies, Downstream Sewer, WWTF Capacity and Flow Tracking/Acceptance forms, Color Site Map and Certifications. Thank you for your assistance with this project, please feel free to contact me at 704.333.0325 or rkeidel@landdesion.com should you have any questions and/or comments. Sincerely, a Rob Keidel, PE Senior Associate I Charlotte (o) 704.333.0325 LANDDESIGN.COM 223 N. GRAHAM STREET • CHARLOTTE, NC 28202 • 704.333.0325 CHARLOTTE • WASHINGTON D.C. • DALLAS • ORLANDO • SAN FRANCISCO • BOULDER State of North Carolina Department of Environmental Quality DWR Division of Water Resources 15A NCAC 02T.0300—FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources IA-V''/��(y6 FTA 04-16&SUPPORTING DOCUMENTATION Application Number:/ 6 t1��65 (to be completed by IDWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: 1.Applicant's name: Wesley Towns,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:Kyle DiPretoro per 15A NCAC 02T.0106(b) Title:VP of Devlopment 4. Applicant's mailing address: 2410 Dunavant St. City:Charlotte State:NC Zip: 28203- C15CEIVED/NCDENR/DWR 5. Applicant's contact information: OCT 12 2018 Phone number: (ZU4 816-2203 Email Address:kdipretoro ,caprockinvest.cotn WORDS II. PROJECT INFORMATION: MOORESVILLE REGIONAL OFFICE 1. Project name:Wesley Village Phase 2 2. Application/Project status: ®Proposed(New Permit) ❑ Existing Pennit/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:Mecklenburg 4. Approximate Coordinates(Decimal Degrees): Latitude: 35.234599' Longitude:-80.869754° 5. Parcel ID(if applicable): 07104110 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Robert Keidel License Number: 37425 Firm:LandDesign Mailing address:223 N.Graham St. City:Charlotte State:NC Zip: 28202- Phone number: 704)333-0325 Email Address:rkeidel@landdesign.com IV. WASTEWATER TREATMENT FACILITY(WWTF)INFORMATION: 1. Facility Name: Irwin Creek W WTP Permit Number:NCO024945 Owner Name: Charlotte-Mecklenburg Utilities 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 Number(s)(if applicable):WQCS_ OwnerName(s): Charlotte Water FORM: FTA 04-16 Pagel of 5 t THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND MATERIALS,SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE: REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Cherokee, Water Quality Section Swannanoa, North Carolina 28778 Clay, Graham, Haywood, Henderson, Jackson, (828)296-4500 Macon, Madison, McDowell, Mitchell, Polk, (828)299-7043 Fax Rutherford,Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen,Cumberland, Harnett, Hoke, Water Quality Section Fayetteville, North Carolina 28301-5094 Montgomery, Moore, Robeson, Richmond, (910)433-3300 Sampson, Scotland (910)486-0707 Fax Mooresville Regional Office 610 E. Center Avenue Alexander,Cabarrus, Catawba, Cleveland, Water Quality Section Mooresville, North Carolina 28115 Gaston, Iredell, Lincoln, Mecklenburg, Rowan, (704)663-1699 Stanly, Union (704)663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Franklin, Water Quality Section Raleigh, North Carolina 27699-1628 Granville, Halifax, Johnston, Lee, Nash, (919)791-4200 Northampton, Orange, Person,Vance,Wake, (919)788-7159 Fax Warren,Wilson Washington Regional Office 943 Washington Square Mall Beaufort, Bertie, Camden, Chowan, Craven, Water Quality Section Washington, North Carolina 27889 Currituck, Dare, Gates, Greene, Hertford, Hyde, (252)946-6481 Jones, Lenoir, Martin, Pamlico, Pasquotank, (252)975-3716 Fax Perquimans, Pitt, Tyrrell,Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick,Carteret, Columbus, Duplin, New Water Quality Section Wilmington, North Carolina 28405 Hanover, Onslow, Pander (910)796-7215 (910)350-2004 Fax Winston-Salem Regional Office 450 W. Hanes Mill Road Alamance,Allegheny,Ashe, Caswell, Davidson, Water Quality Section Suite 300 Davie, Forsyth,Guilford, Rockingham, Randolph, Winston-Salem, North Carolina 27105 Stokes,Surry,Watauga,Wilkes, Yadkin (336)776-9800 INSTRUCTIONS FOR FORM: FTA 04-16& SUPPORTING DOCUMENTATION Page 3 of 3 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)) "Is there a Pretreatment Program in effect? ❑ Yes ❑ No 6. Hasa flow reduction been approved under 15A NCAC 02T.0114(f)? [] Yes ®No ➢ If yes,provide a cony of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type(see 02T.0114(f)) Daily Design Flow'° No.of Units Flow Towrihomes 190 gal/unit 45 8,550 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 8,550 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.0114] shall be determined using available flow data,water using fixtures,occupancy or operation patterns,and other measured data. S. Wastewater generated by project: 8 550 GPD(per 15A NCAC 02T.0114) ➢ Do not include future flows or previously permitted allocations If pennitted 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" 775 DIP 6" 45 PVC ➢ 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 VIII. PUMP STATION DESIGN CRITERIA(If Applicable)—02T.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 pmmp(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- 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(fl&(g) ❑Yes ®No ➢ 15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems: 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(fl cannot be achieved. ➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage ➢ If noncompliance with 02T.0305(f)or(g). 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 .0200? ❑ Yes ❑No ®N/A ➢ This would include Trout Buffered Streams per 15A NCAC 2B.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 Penmittin Branch ranch 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 pennits 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, stornwater 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 Minimum Design Criteria for the Permitting of Pump Stations 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. Approval of the request is reaulred orlor to submittal of the Fast Track Application and supporting documents. 2. Profe/ssss''jonal Engineer's CeCertification;1, / &SE XT VE 1 ColtL attest that this application for (Professional Engineer's name from Application Item 111.1.) 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. 1 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 143-215.61l, 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. \N CA North Carolina Professional Engineer's seal,signature,and date: \\�N•,,,•RO 1ES3/0 ��y�'„ t �? SEAL 'n 3742E r VN AL ............... .. IS 3. Applicant's Certification per I5A NCAC 02/T.0106(b): l I, (KYLE l�ll''ike7_,r0 'U VP or Oeyet oPMFn1T 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. 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 143-215.6B, 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, II b FORM: FTA 04-16 Page 5 of 5 State of North Carolina Department of Environmental Quality DWR Division of Water Resources Dlvislon of Water Resources Flow Tracking/Acceptance for Sewer Extension Applications (FTSE 04-16) Entity Requesting Allocation: LandDeslgn Project Name for which flow is being requested: Wesley Village- Phase II More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastetvaterjlow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek b. WWTP Facility Permit#: NCo024970, NCo024945, N00024937 Allflows are in MGD c. WWTP facility's permitted flow 99.000 d. Estimated obligated flow not yet tributary to the WWTP 12.348 e. WWTP facility's actual avg. flow 53.757 f. Total flow for this specific request 0.009 g. Total actual and obligated flows to the facility 75.124 h. Percent of permitted flow used 76 9% 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, * (Finn/pf), Daily Flow, Daily Flow, Obligated Available Number) MGD MGD MGD MGD Flow Capacity*** * 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 Tess 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): Unknown Downstream Permit Number: Unknown Page 1 of 6 FTSE 04-16 III. Certification Statement: I Keri Cantrell 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. 10/3/2018 Signing Official Signature Date Page 2 of 6 FTS E 04-16 NORTH CAROLINA Department of the Secretary of State To all whom these presents shall come, Greetings: I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF ORGANIZATION OF WESLEY TOWNS LLC the original of which was filed in this office on the 12th day of June, 2018. `�pMPARiR/� rol IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal at the City of } _ Raleigh, this 12th day of June, 2018. d�S S SLR/L n 1])6 • ••� Scan to verify online. Certification#C201815800887-1 Reference#C201815800887-1 Page: 1 of 3 Secretary of State Verify this certificate online at littp://www.sosnc.gov/verircation SOSID: 1714433 Date Filed: 6/12120189. /2018 9:47:00 AM Elaine F. Marshall State of North Carolina North Carolina Secretary of State Department of the Secretary of State C2018 158 00887 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57D-2-20 of the General Statutes of North Carolina,the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: Wesley TOWnS LLC (See Item lot the Instructions forappropriate entity designation) 2. The name and address of each person executing these articles of organization is as follows:(State whether each person is executing these articles of organization in the capacity of member,organizer or both by checking all applicable boxes.)Note: This document must be signed by all persons listed. Name Business Address Capacity Kenneth J.Abner 4521 Sharon Rd.,Sulte 250,Charlotte,NC 28211 []Member*Organizer ❑Member❑Organizer ❑Member❑Organizer 3. The name of the initial registered agent is: R. Andrew Cox 4. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 2410 Dunayant Street CityCharlotte State:NC Zip code: 28203 County: Mecklenburg 5. The mailing address,if different from the street address, of the initial registered agentoffice is: Number and Street City State:NC Zip Code: County: 6. Principal office information: (Select either a orb.) a. n The limited liability company has a principal office. The principal office telephone number: The street address and county of the principal office of the limited liability company is: Number and Street: City: State:— Zip Code: County; BUSINESS REGISTRATION DIVISION P.O.BOX 29622 Raleigh,NC 27626-0622 (Revised August. 2017) Form L-01 The mailing address,if different from the street address, of the principal office of the company is: Number and Street: City: State: Zip Code: County: b. The limited liability company does not have a principal office. 7. Any other provisions which the limited liability company elects to include(e.g.,the purpose of the entity)are attached. 8. (Optional): Listing of Company Officials(See instructions on the importance of listing the company officials in the creation document. Name Title Business Address 9. (Optional): Please provide a business e-mail addre privacy Redaction The Secretary of State's Office will e-mail the business a d above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered,please see the instructions for this document. t0. These articles will be effective upon filing,unless a future date is specified: This is the day of Jana 2018 wen:eyr ae eCc 7/ Signat#e Kennelh J.Abner,Organizer Type or Print Name and Title The below space to be used if more than one organizer or member is listed in Item 42 above. Signature Signature Type and Print Name and Title Type and Print Name and Title NOTE: 1. Filing fee is$125. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O.BOX 29622 Raleigh;NC 27626.0622 (Revised August.2017) Farm L-01 STATE OF NORTH CAROLINA COUNTY OF MEli4_F.AUi26, Permit No. V�'/ Q 0 3 6 -3 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 7i+ day of QC101369 ZOJ 8 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and WEStzy Tin/nt S LL-G , 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 MUCK A41312" County, upon which it is erecting and will erect dwelling units and other improvements,said development to beknown as, WESLEV Vlt_vatit= T0AROM15 (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 ,'WI_' Declaration, the(Unit Owners' Association) WY &W- TaJNhoma { Alf aN1dfi kdM16Lkhereinafter 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 andlaw. 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' successor. FORM: DEV 11-17 Page 1 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 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 yearlybudget. 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 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 wecifY AWNS," MANAGEMENT COMMISSION Name fl) EL E B : Linda Culpepper (Si re) Interim Director, Division of Water Resources '/ Kvir r�i�RrroQoce �,P#`S/Dw1'Or &-✓f(.oPP1F�1T PrintName and Ti e V!_`I (Date) (Date xp q' '�O1Qi FORM: DEV 11-17 Page 2 of PROP. SEWER STEWART CREEK EX.SEWER / WESLEY VILLAGE PHASE 2 CHARLOTTE, NORTH CAROLINA 2015 TOPO onmzm mf66z� � � g a p ` �e �e 01iD11,G X L a,�iN O 1� •I p� �\ 6 LTC - i^ � � y } � I C.�S r o• • 3r SITE 0 WESLEY VI F E PHASE 2 CHARLOTTE, • ' F ' • F North Carolina Secretary of State Search Results Page 1 of 1 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a Pre-Populated Annual Report form Limited Liabli.ity Company Legal Name Wesley Towns LLC Information Sosld: 1714433 Status: Current-Active Annual Report Status: Current Citizenship: Domestic Date Formed: 6, 12/2018 Registered Agent: Cox, R Andrew Addresses Reg Office Reg Mailing 2410 Dunavant Street 2410 Dunavant Street Charlotte, NC 28203 Charlotte, NC 28203 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. littps://www.sosne.gov/online_services/search/Busincss_Registration_lZesults 10/15/2018