HomeMy WebLinkAboutWQ0040155_Application_20190621State of North Carolina
Department of Environmental Quality
Division of Water Resources
I5A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
DIvislon of Water Resources FTA 04.16 & SUPPORTING DOCUMENTATION
Application Number: v�—�/k —i `.i. ..,. (to he completed b�;> WR) l2ECE1VEDfNGDENRibWR
All items must be completed or the application will be returned JUN T 1 2019
1. APPLICANT INFORMATION: WGROS
1. Applicant's name: Fvolve Acouisition,,eLLC (company, municipality, HOA, utility, etc.) M0ORESVIt1.F REGIONAI.OFFIGF
2. Applicant type: ❑ Individu, ® Corporation ❑ General Partnership [] Privately-O%v-ncd Public Utility
❑ Feder: ❑ State/County El Municipal El Other
3. Signature authority's nam : i P, ite Jr. per 15A NCAC' 02'('010
Title: Manager
4. Applicant's mailing ad 8-A artinsv' a Road
City: Greensboro State: NC Lip: 2 OS-
5. Applicant's contact information:
Phone number: (336 389-9991 Email Address: mike(a-,)evolvecos.com
11. PROJECT INFORMATION:
l . Project name: Rivcrerass Apartments
2. Application/Project status: ❑ Proposed (New Permit) 0 Existing Permit/Project
if a modification, provide the existing permit number: WQ0040155 and issued date: 07/24/2018
If now construction but part of a master plan, provide the existing permit number: WQ00
3. County where proiect is located: Lincoln
4. Approximate Coordinates (Decimal Degrees): Latitude: 34.467997' Longitude:-80.995463"
5. Pared ID (if applicable): 1603519004
(or Parcel ID to closest downstream sewer)
111. CONSULTANT INFORMATION:
1. Professional Engineer: Bany f-qy License Number: 33046
Finn: American Engineering Associates
Mailing address: 8009 Corporate Center Drive: Suite I IQ
City: Charlotte State: NIC zip: 28226-
Phone ntnnber: (704 375-2,138 Email Address: btav rr american-ea.com
IV. WASTEWATER TREATMENT FACILITY (WW`TF) INFORMATION:
1. Facility Name: Killian Creek W WTP Permit Number: NCO088722
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 S,yati nt Permit Numbcr(s) (iWQCS00149
Owner Name(s): Lincoln.Cnun
FORM: FTA 04-16 Page 1 01'5
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/Propedy 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))
4 Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Has a flow reduction been approved under 15A NCAC 02T .0I 14(fl? ❑ Yes ® No
➢ If yes, Provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 021.0114(f))
Daily Design Flow a,b
No. of Units
Flow
1 & 2-BR Units
160 gal/day
204
32,640 GPD
3-BR Units
240 gal/day
24
5,760 GPD
Amenity Center
400 gal/day
1
400 GPD
gal/
GPD
gal/
GPD
gaV
GPD
Total
38,800 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: 55,120 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
Vll. GRAVITY SEWER DESIGN CRITERIA (if Applicable) - 02T .0305 & MDC (Gravity Sewers):
1. Summarize gravity serer to be permitted:
Size (inches) Length (feet) Material
8 1,280 pvc
Section II & III of the MDC for Pennitting of Gravity Sewers contains information related to design criteria
y 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
Vili. PUMP STATION DESIGN CRITERIA (if Applicable) — 02,r .0305 & MDC (Pump StationslForce Mains):
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name: _
2. Approximate Coordinates (Decimal Degrees): Latitude: .. t>Longitude: -
3. Design (low of the pump station: _ millions gallons per day (firth capacity)
4. Operational point(s) of the pump(s): gallons per minute at feet total d}Riamic head (I*DI0
5. Sunimarizc the lbree main to be permitted (for this Pump Station):
Sire (inches)
Length (feet)
Material
6. Power reliability in accordance with i5A NCAC 02T .030Sfh}(1):
❑ Standby Prover source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(B)'.
"r Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
Must be per ianent 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 acid telemetry- 15A NCAC 02T .0305(h)(1)(C):
Y 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.
y 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, includiing 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 — (0213.0200 & 15A NCAC 02T .0305(o):
1. Does the project comply with all separations found in 1 SA NCAC 02T .0305(t) & W, ❑ Yes ❑ No
Y 15A NCAC 02T.0305 contains mhninitan separations that shall be for sewer systems:
Setback Parameter*
Separation Regired
Storm sewers and other utilities not listed below vertical
24 inches
mains (vertical -water over sewer including in benched trenches)
18 inches
_Water
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 eaters of Class 1 or
Class 11 impounded reservoirs used ns a source of drinking water _ m_
100 feet
"Waters classified WS (except WS-I or WS-V), B, SA, ORW, IIQW, 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
m
Any building foundation
5 feet
Any basement
16 feet
_
.Fo 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(o cannot be achieved.
L **Stream classifications can be identified using the Division's NC Surface Water Classifications.,) cA a e
r I f noncompliance with 02T.0:305(o ur (gl see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) [gYes [:]No ❑ NIA
See the Division's drat separation requirements for situations where separation cannot be meet
i 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 .02002 ® Yes ❑ No ❑ NIA
r This would include Trout Bul)ered Streams per I SA NCAC 2B.0202
4. Does the project require coverage/authorization under a 404 Nationwide or ❑ Yes 9 No
individual permits or 401 Water Quality Certifications?
v hnfannation can be obtained from the 401 & Buffer PermittingC3rail t
5. Does project comply with 15A NCAC U17.0105(g) U6 (additional permits/certifications)? ® Yes ❑ No
Per 15A NCAC 0i'.Of05c)(6), directly related etnryronmental permits or certilication 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 "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 litre, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at ienst once every six -months and inspections
documented per 15A NCAC 02T.0403(a)(5) or the perniitce's individual System -Wide Collection permit.
FORM: I:TA 04-16 Page 4 ol'5
X. CER'i'IFICATIONS:
1. Does the submitted system comply with 15A"� N A_.G 0_2T, the Minimum Design Criteria for the Permitting of Pump Stations
and Force Mains (latest version), and the G vi v Sewer Minimum I.k-siutt Criteria (latest version l as applicable?
® Yes ❑ No
If No, complete and submit the Variance/Altemative i)csign 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 supporting documents.
2. Professional l ngincet's Certification:
1,
Barry Fay, PE attest that this application for
(Professional Engineer's name from Application Item I11.1.)
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 sigmifies that I 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 143-215.6I3, any persun who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class n misdemeanor, which luny
include a tine not to exceed S 10,000, as well as civil penalties up to S25,000 per violatioi!* .., C A D
North Carolina Professional Engineer's seal, signature, and date: l r .•Om`
t EAL
s 33046
• 1! '.. 2V
'• *Not�tE
�'M►..._ Mr►•
3. Applicant's Certification per 15A NCAC 02T .0106(b):
attest that this application for
(Signature Authority's name & title from Application Ilet� ...
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. 1 understand that any discharge of wastewater from this tmon-
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 snake 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 nme as
incomplete. ,
NOTE - In accordance 7)1
7oq
i S /ttutus 143-215.GA and 143- t,� any person who knowingly makes any false
statement, rcprescnttttion, t�A' } opptication package shall be guilty of x Class 2 misdcmcane�r, which may
include a fine not to cxcc�e1 civil penalties tip to $25,000 per violation.
`'- - CJ
SlgmlaturC: Date:--� V `+2 0 —1 ` _...
FORM: FTA 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 for Sewer Extension Applications
(FTSE 10-18)
Entity Requesting Allocation: Evolve Acquistions, LLC
Project Name for which flow is being requested: Rivercross Apartments
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 wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Killan Creek WWTP
b. WWTP Facility Permit #: NCO088722
c. WWTP facility's permitted flow
d. Estimated obligated flow not yet tributary to the WWTP
e. WWTP facility's actual avg. flow
f. Total flow for this specific request
g. Total actual and obligated flows to the facility
h. Percent of permitted flow used
All flows are in MGD
3.35
1.564
1.256
0.038
2.858
85.31
Il. 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:
Pump
Pump
Station
Station
Firm
(Name or
Permit
Capacity,
Number)
No.
MGD
15B
WQ0032852M
1.856
(A)
(B)
(C)
(D)=(B+C)
(E)=(A-D)
Design
Average
Approx.
Obligated,
Total
Daily
Current
Not Yet
Current
Flow**
Avg. Daily
Tributary
Flow Plus
(Firm / pfl,
Flow,
Daily Flow,
Obligated
Available
MGD
MGD
MGD
Flow
Capacity***
0.742
0.000
0.315
0315
0.427
* The Firm Capacity (design flow) 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, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** 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 10-18
ILI. L.c1Ltli�aLIVII k3taLCHIVUL.
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 certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater.
Signing Official Signature
Title of Signing Official
A ( 10'2i,,
Date
Page 2 of 6
FTSE 10-18
` AMERICAN
Engineering
Ori Tuvia
Mooresville Regional Office
NCDEQ
610 East Center Avenue, Suite 301
Mooresville, NC 28115
704-663-6040
Subject: Rivercross Apartments Revision Summary
On -Site Apartment Water/Sewer Plans
Ori,
June 6, 2019
RECEIVED/NCDENR/DWR
JUN 2 12019
wOROS
MOORESVILLE REGIONAL OFFICE
Please find below the list of design and plan changes pertaining to the partial
redesign of the Rivercross On -Site Apartment plans. These revisions reflect the
updated layout requested by the developer.
Note: Revisions #2 - #7 are overall site layout changes. See revisions #8 -
#14 for specific water/sewer changes.
Cover Sheet
1. Updated developer name and contact information
A. Change of Ownership Form is included in this submittal.
B. Developer Operational Agreement has been updated and
included.
2. Apartment Buildings:
A. Minor changes to footprint.
B. Relocated and reduced size.
C. Minor changes to footprint and size.
D. Minor changes to footprint.
E. Relocated with minor changes to footprint and size.
F. Increased size.
G. Minor changes to footprint.
3. Amenities:
A. Relocated pool and changed pool deck.
B. Relocated and changed clubhouse footprint
C. Added Pool House, Grill Pavilions, Dog park, and Playground
American Engineering Associates — Southeast, PA • South Carolina Engineering License 4729
8008 Corporate Center Drive, Suite 110, Charlotte, NC 28226 •704-375-2438 0 www.American-EA.com
Rivercross Apartments
Revisions to On -site Apartment Water/Sewer Plans
June 6, 2019
Page 2
4. Relocated Compactor
5. Added Maintenance Building
6. Shifted the two parking areas closest to Rivercross Point Drive.
7. Shifted various parking stalls, islands, retaining walls, and crosswalks to
account for revisions stated above (#'s 2-6).
Water Distribution Sheet:
8. Shifted water services per new building and amenity locations.
9. Added water service for dog park
10. Shifted Fire Hydrant near Building C.
11. UPDATE - Total length of water main remains 1,936 feet.
Sewer Plan and Profile Sheets:
12. Added one sanitary sewer manhole in front of Building B
13. Shifted MH#'s 1, 103, 104, and 105.
14. Shifted sewer services per new building and amenity locations.
15. UPDATE - Total length of sewer remains 1,280 feet.
Please contact me if you have any questions/concerns.
Regards,
Im
Benjamin Wood, EIT
American Engineering Associates - Southeast, PA
American Engineering Associates —Southeast, PA # South Carolina Engineering License 4729
8008 Corporate Center Drive, Suite 110, Charlotte, NC 28226 •704-375-2438 • www.American-EA.com
Statc of North Carolina
Department of Environmental Quality
Division of Water Resources
SEWER SYSTE%l PERMIT OWNERSHIPINAME CHANGE
Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 0 1-16
1. EXISTING PERAILTTEE INFORMATION:
1. Permittee's name: a0tige Corporate DeyCl9pMent, I,I,C
2. Signature authority's name: 13 'an Mah e -
per ISA NCAC 02T.Qj,Q4Ub
3. Signature authority's title: Manager
4. Pemiittee'smailing; address: 2100 hqRoad. -Stqq—( 100
,
City: Camel State: NC Zip: z803,J(-,
5. Periiiiiiee'scontactinfbrmation.- Phone numbcr: (704) 607-505
Fax Number
Email Address: steyeL,&ocdllc.net R5CEIVE0/NCDENR/DWR
11. APPLICANT INFORMATION:
JUN 21 2eig
wQR0S
1. Applicant's name: Evolve Acouistions. LLC
MOORESVILLE REGIONAL OFFICE
2. Signature authority's name: Micheal P Win Jr.
per _Ljk N P24,,01016()
3. Signature authority's title: 'fan_
4. Applicant's mailing address: 2 �14 A Martinsville Road
City: Greensboro State: NC Zip: 27408-
S. Applicant's contact information: Phone number: 03b)IL9-9992
FaxNurnber(—)—m
Email Address: mikeliievolvecosxom
6. Representative's name: Matt Rogers
7. Representative's title: Proiect manager
8. Representatke's contact information Phone number. (336) 389-9992
Fax Number
Email Address: gj
III. PERMIT INFORMATION:
1. Existing permit number: )MQQQLOI-r,5 and most recent issuance date: July 24,2018
2. Rewsm for thcpermit application. Changeof0mocibbip If uthcr. attach detailed cxplanaliun
3. Has the facility been constructed? [I Yes or 0 No
4. Has the facility been certified per I -AINCACO2T.01 1.62 C3 Yes or 0 No
FORM: PNOCF0 I - 16 Page I of 2
IV. CERTIFICATIONS:
Existing Permittce's Certification per 15A NCAC 02T .0106(b):
(Signature
name & title from Application Item 1.2 & 3)
that this application
has been reviewed by me and is accurate and complete to the hest of my knowledge. I understand that prior to reissuance of the permit
into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater
from this system to surface waters or the land may result in an enforcement action that may include civil penalties., injunctive relief,
andJor criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit
be violate(i I also understand that if all required parts of this application are note completed and that if all required supporting
information and attachments are not included, this application will be returned to me as incomplete.
NOTE In accordance with General Statutes 143.215.66 and Jj�,-) ( .613, any person wwho knowingly makes any false statement,
representation, or certi tcation in any application package shall be guilty of a Ciass 2 misdetttcanor, which may include a fine not to
exceed SIMM as w, as civil ialtics up to S25,000 per violation.
Signature: Date:
Applicant's Certification per 15A NCAC 02T ,0106f%?:
that this application
(Signature Authority"s name & title from ApplidaAon Item I1.2&3.)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into
the Applicant's name, I will be responsible for compliance with the issued pennit and any discharge of wastewater from this non -
discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief
and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated.
i also understand that if all required parts of this application package are not completed and that if all required supporting information
and attachments are not included, this application package will be returned to me as incomplete.
NOTE — In accordance with I ' tes 215.6A and 113-215.613, any per." wvho knowingly makes any false statement,
representation, or certificati i i ckage shall he guilty of a Class 2 misdetneanor, which may include a tine not to
exceed S10,000 as well as t` o _,Utz per violation. q
Signature: Date: �,�.._�.....�
I ORM: PNOC F 01-16 Page 2 of 2
STAI'E OF NORTH CAROLINA Permit No.
COUNTY OF
DEVE'LOPEWS OPERATIONAL AGRELMEN71'
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this —16—day of
May, 2019 , by and between the North Carolina Environmental Management
Commission, art agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Evolve Acquistions, LLC , 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 iti Lincoln County, upon
which it is erecting and will erect dwelling units and other improvements, said development to beknown
as Rivercross Apartments (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 riling 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) Rivercross - (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, rc-constructing and repairing the common elements of tile 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:
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 iii accordancc with applic-abIc 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. 'rhc
request must include a copy of the Association Bylaws andDeclaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor,
31. 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.
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 mayrequirc 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
pen -nit 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 riled at the Register of Deeds in the County(ics) where the Declaration is
riled 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:
A -
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Linda Culpepper
Interim Director, Division of Water Resources
(Date)
(Date)
rr%n % 4. r% s, % i i '1 1 1 n___ 1% -&"N
COUNTY OF LINCOLN, NORTH CAROLINA
353 N GENERALS BLVD, LINCOLNTON, NORTH CAROLINA 28092
Ty CARC~
June 18, 2019
Evolve Acquisition, LLC
Attn: Michael Winstead Jr.
2918-A Martinsville, Rd.
Greensboro, NC
RE: Rivercross Apartments
Mr. Winstead,
This letter is provided in response to your sewer permit modification application, dated May 20, 2019, for
flow acceptance of the wastewater treatment infrastructure (the "System") for the Rivercross Apartments
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 all the terms and conditions, of the
original allocation letter dated June 15, 2018 that was provided to the previous permittee (Prestige
Corporate Development, LLC).
This permit modification includes an allocated flow reduction from 40,720 GPD to 38,800 GPD. This
does not represent any new allocation for the Project and is only modifying the wastewater flow that was
previously allocated.
Construction of the Project must begin within two years of the date (June 15, 2018) of the original letter
issued to Prestige Corporate Development, LLC. You must notify the Lincoln County Public Works
Department in writing when construction of the Project is initiated.
A copy of the original allocation letter for the Project is attached as Exhibit "A"
This acceptance and allocation of flow shall only be effective upon your compliance with all of the terms
and conditions of the allocation letter attached herein and the County providing an acknowledgment that
you have complied with all of the above terms and conditions.
Included in this mailing is the updated 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,
C /J�
Chuck King
Engineering Associate
Exhibit "A"
co
000NTY OF LINCOLN, NORTH CAROLINA
1 1 5 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA
�T9 CAR�28092
DEPARTMENT OF PUBLIC WORKS
PHONE (704) 736-8497
FAX (704) 736-8499
W W W. LINCOLNCOUNTY.ORG
June 14, 2018
Prestige Corporate Development, LLC
Attn: Brian Mahoney
21000 Torrence Chapel Road, Suite 100
Cornelius, NC 28031
RE: Rivercross Apartments
Mr. Mahoney,
This letter is provided in response to your request, dated May 21, 2018 for the proposed waterline
extension (the "System") for the Rivercross Apartments Development (the "Project"). Lincoln County
(the "County") has adequate water supply and pressure in the Lincoln County Water System to serve the
proposed connection 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 228 units. In accordance with the
hydraulic water model analysis, a static pressure of 78 PSI and a fire flow of 1,136 GPM at 76
PSI can be expected at the proposed Project from the Lincoln County Water System; and
2. For the NCDEQ Permits, the water treatment facility is the Lincoln County Water
System, PSW ID #01-55-035; 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 daily capacity to provide water supply and pressure at
the time all other conditions precedent have been satisfied.
e. A complete final inspection and approval by the County of the water and sewer system
proposed by the Wildbrook Subdivision — Phases IA and IB, and receipt of other applicable
documentation by the County.
This acceptance 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 Application for Approval of Engineering Plans and Specifications
for Water Supply Systems (DENR-2136 rev07/23/2015) with the County's portion completed.
If you have any questions, please do not hesitate to call me at 704-736-8497.
Sincerely,
Chuck King
Engineering Associate
Cc: File