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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 oil .0 �O Ali ��) 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