HomeMy WebLinkAboutWQ0041302_Application (FTSE)_20191122J
Flehan Engineering, Inc•
Civil Engineering • Hydrology • Site Plan Design
DATE: November 12, 2019
TO: Barry Love
NCDEQ
FROM: Cindy Flehan
Flehan Engineering, Inc.
SUBJECT: Nelson Park
Mint Hill, North Carolina
The following items are included in the Application Packet:
1. 1 Original and 1 Copy of the Application Packet
2. Cover Letter
3. Application Fee.
4. FTA 04-16 Fast Track Application with Certification.
5. Flow Acceptance Letter from CltWater.
6. Aerial map of the project area and USGS Map of the project area
7. Operational Agreement — developers of lots to be sold.
8. Correct detail is referenced.
9. Jumper connection shown at connection. Detail added to detail sheet.
RECEIVEIYNCDENR/DWR
I'M1.32C19
WQROS
MOORESVILLE REGIONAL OFFICE
Please let me know if you need anything else for approval of this project. Give me a call at 704-
364-3842 or 704-904-1832 if you have any further questions.
Thank You, ,��
6'`V'� d -'
Cindy Flehan, P.E.
5408 Guildbrook Road • Charlotte, North Carolina 28226-• 704-364-3842 (Fax) 704-364-3843
State of North Carolina
Department of Environmental Quality
-1)w Division of Water Resources
15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION
I � rCrzIVED/NC0ENR/DWR
Application Number: t,.� Ito be completed by DwR)
NOV 1 3 ?Q19
All items must be completed or the application will be returned
WC RO-Q
I. APPLICANT INFORMATION: MOORESVILLE REGIONAL OFFICE
1. Applicant's name: S.J. Providence 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: Shia Zhu per 4 5A NCAC 02T .0106(bl
Title: Partner
4. Applicant's mailing address: P.O. Box 78411
City: Charlotte State: NC Zip: 28271
5. Applicant's contact information:
Phone number: (704) 497-6908 Email Address: Shiana�zltoney_nestrea�,com
II. PROJECT INFORMATION:
1. Project name: Nelson Park
2. Application/Project status: Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number: WQ00 and issued date:
If new construction but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: Mecklenburg
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.127354' Longitude:-80.983728'
5. Parcel ID (if applicable): 13706524
(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Cynthia A. Flehan License Number: 12913
Firm: Flehan Engineering,
Mailing address: 5408 Guildbrook Road
City: Charlotte State: NC Zip: 28226-
Phone number: 704) 904-1832 Email Address: cindy@flehanengineering.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: McAlpine Creek Permit Number: NC 0024970
Owner Name: CltWater
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF'):
1. Permit Number(s): WQ Downstream (Receiving) Sewer Size: _ inch
System Wide Collection System Permit Numbers if a p icable): WQCS
Owner Name(s):
FORM: FTA 04-16 Page l of 5
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
P—erquimans, 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, Pender
(910)796-7215
(910) 350-2004 Fax
Winston-Salem Regional Office
450 W. Hanes Mill Road
Suite 300
Alamance, Alleghany, Ashe, Caswell, Davidson,
Davie, Forsyth, Guilford, Rockingham, Randolph,
Water Quality Section
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
V1. GENERAL REQUIREMENTS
I . 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 N(;n:_02 _.0103 20')
I--- 3►Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Flas a flow reduction been approved under 15A NCAC 021' .01 14Ct)? [:]Yes ®No
y If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow 1,b
No. of Units
Flow
Townhomes
190 gal/day
29
5,510 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
5,510 GPD
a See 15A NCAC 02'f .Ol 14(b), (d), (e)(1) and ( L _) 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 1.5A NCAC 021'.0114] shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
Wastewater generated by project: _ GPD (per 15A NCAC 02T .0114)
Y 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
VI1. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - (IZ'I' .0305 & MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches)
Length (feet)
; Material
--�
410
PVC
I
➢ Section II & III of the MDC for Permitting of Gravity Sewers contains infornation related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minirrum slope requirement is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0:305 & MDC (Pump Stations/Force Mainsj.:
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: —_. 0Longitude: - _
3. Design flow of the pump station: --_ millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): —_ gallons per minute at feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) i Material
I
I
6. Power reliability in accordance with 15A NCAC 02T_0 05(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 flo%v greater than or equal to 15,000 gallon, 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 027'
.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(t)):
1. Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (g) ❑ Yes ❑ No
Y 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems:
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
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-1 waters of Class I or
Class 11 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
1ic7h 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
AnIbuilding foundation _
5 feet
_
Any basement
_
10 feet
ToT slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Aim swimming pools
10 feet
Final earth rade vertical
36 inches
A 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved.
**Stream classifications can be identified using the Division's NC- Surface Water Classifications webpage
Y If noncompliance with 021'.0305(t) or see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ❑ Yes ❑ No ® N/A
r See the Division's draft separation requirements for situations where separation cannot be meet
r No variance is required if the alternative design criteria specified is utilized in design and construction
y As built documents should reference the location of areas effected
3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 0213.0200? ❑ Yes ❑ No ® N/A
y This would include Trout Buffered Streams per 15A NCAC 213.0202
4. Does the project require coverage/authorization under a 404 Nationwide or ❑ Yes ® No
individual permits or 401 Water Quality Certifications?
r Information can be obtained from the 401 & Buffer Pennittina Branch
5. Does project comply with 15A NCAC 02T.01051c((i) (additional permits/certifications)? ® Yes [:]No
Per 15A NCAC 02T.0105 c 6), directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwater management plans, etc.).
6. Does this project include any sewer collection lines that are deemed "high -priority?"
Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
❑ Yes ®No ❑ N/A
If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections
documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 Page 4 of 5
X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 021', the Minimum Design Criteria for the Permitting; of Pum�Statian;,
and. Force Mains (latest version), and the Gravies Sewer Minimum Design Criteria (latest version) as applicable?
N 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 required prior to submittal of the Fast Track Application and supporting documents.
2. Professional Engineer's Certification:
1, G \�(WrT -H k > , E� _ attest that this application for
(Professional Engineer's name from Application item Ill, 1.)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications,
engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best
of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting
of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that 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 143-215.613, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation.
North Carolina Professional Engineer's seal, signature, and date: -•• �� t
3. Applicant's Certification per 15A NCAC 02T .0I06(b):
10- C.
2
(Signature Authority's name & title from Application item 1.3.)
attest that this application for
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 wi11 make rio claim against the Division of Water Resources should a condition
of this permit be violated. 1 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: _ ` 1 v- l_ &2rj //_l—
FORM: FTA 04-16 Page 5 of 5
CHARLOTTE
W6TER
June 26, 2019
Cindy Flehan
Flehan Engineering, Inc.
5408 Guildbrook Road
Charlotte, NC 28226
SUBJECT: WATER AND SEWER FLOW ACCEPTANCE
NELSON ROAD TOWNHOMES
7424 NELSON ROAD, CHARLOTTE, NC
CLTWATER TRACKING# 20193584
After an analysis of the sanitary sewer associated with the proposed design of project, 20193584,
Nelson Road Townhomes, it was determined that there is sufficient capacity to accommodate the
proposed sewer flow of 5,510 gallons per day (29 units x 190 gpd/unit) at the connection point(s)
indicated on the submitted utility plan for transmission to the McAlpine Creek Wastewater
Treatment Plant; NPDES permit number NC0024970, for treatment. This acceptance of flow is
based upon the existing capacity of the designated publicly owned treatments works. Please see
attached NCDEQ-FTSE form.
Charlotte Water (CLTWater) agrees to furnish water to the subject project. The water quality to the
subject project is regulated by the State Drinking Water Act Amendments of 1986 and The Water
Supply Management Plan, PWS ID # 0160010 on file with the Public Water Supply Section of
NCDEQ. However, CLTWater cannot guarantee a constant pressure or quality of flow.
The applicant should understand that due to the involvement of other agencies and continuing
growth of the water system, the ability to provide service for future projects cannot be guaranteed
nor reserved. Connection to the CLTWater system is accepted on a first come, first served basis.
The applicant should understand that this letter is not authorization to construct or extend private
water or sewer systems, as the appropriate local or State permits are required prior to construction.
If the appropriate authorization to construct permits are not obtained construction has not started
within two (2) years of issuance of this flow acceptance, and payment for any service connections
have not been received within two (2) years of issuance of this flow acceptance letter, this flow
acceptance approval shall be rescinded and a new flow acceptance request must be made. If you
have any questions, please do not hesitate to contact me at (704) 336-1006.
Sincerely,
awV,ft4t o4.yvv 13a t*Le�r
Gwendolyn Banner
Engineering Assistant
Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org
Operated by the City of Charlotte
Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking for Sewer Extension Applications
(FTSE 10-I8)
Entity Requesting Allocation: Flehan Engineering, Inc.
Project Name for which flow is being requested: Nelson Road Townhomes
More than one F7SE may be required for a single project i%the owner of the WWTP is not responsible for all pump
.stations along the route o%the proposed wastewater flow.
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 #: N00024970, NG0024945, NCO024937
G.
d.
e.
f.
g•
h.
All flows are in MGD
WWTP facility's permitted flow 99,D
Estimated obligated flow not yet tributary to the WWTP 14-080
WWTP facility's actual avg. flow 73.892
Total flow for this specific request 0.005510
Total actual and obligated flows to the facility 87.972
Percent of permitted flow used 88.9%
1I. 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) {U)=(Br(;)
(E)=(A-D)
Design
Obligated,
Pump Pump Average
Approx. Not Yet Total Current
Station Station Firm Daily Flow**
Current Tributary Flow Plus
(Name or Permit Capacity, * (Firm / po,
Avg. Daily Daily Flow, Obligated
Available
Number) No. MGD MGD
Flow, MGD MGD Flow
Capacity***
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow
that can he achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm.capaeity of the pump station divided by a peaking factor
(pf) not Iess than 2.5, per Section 2.02(A)(4)(c) of the Minimum I)esign 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):
Nelson Road
Downstream Permit Number: Unknown
Page 1 of 6
F"ISE 10-18
ill. Certification Statement:
Kerl 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 projcet 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
irriprovements identified in the planning assessment where applicable. ']'his analysis has been performed
in accordance with local established policies and procedures usinf; 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.
�'► �C 6/25/19
Signing Official Signature
Chief Engineer
Title of Signing Official
Dare
Page 2 of 6
FTSF. 10-18
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STATE OF NORTH CAROLINA
COUNTY OF
Permit No. W(',yo tloto,
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this
day of
by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
S.J. Providence LLC , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as theDEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon
which it is erecting and will erect dwelling units and other improvements, said development to beknown
as Nelson Park (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. l to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction 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 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.
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 constriction, 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 cortitnon element which will receive the highest priority fi r
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 Systern 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 expenseti.
Such find 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 sucl� assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
I. If a wastewater collection system arid wastewaee fteatrrlent acid/or dr' p^sa! facility provide0k by ,iny 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 Bove-�ryru�aItaI
system, and shall convey or transfer as much of the Disposal System and such necessary easenients 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.
16. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the De.claratloll 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.
I,® (
FOR THE ENVIRONMENTAL Vo-,
MANAGEMENT COMMISSION Name ofDEVEL.OPER
Linda Culpepper (Signature f
Director Division of Water Resources
Print Name and Title -------
(Date)
(Date)
r-1 -n1 d — 1 n1 1 n - 1 01
North Carolina Secretary of State Search Results
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Limited Liability Company
Legal Name
SJ Providence LLC
Information
Sosld: 1621283
Status: Current -Active
Annual Report Status: Current
Citizenship: Domestic
Date Formed: 8/31/2017
Registered Agent: Zhu, Sheah
Addresses
Principal Office Reg Office Reg Mailing
4616 Potter Road 4616 Potter Road 600 White Tail Ter
Stallings, NC 28104 Stallings, NC 28104 Waxhaw, NC 28173
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Managing Member Managing Member
Jennifer Yu Sheah Zhu
P O Box 78411 P O Box 78411
Charlotte NC 28271 Charlotte NC 28271
Mailing
600 White Tail Ter
Waxhaw, NC 28173
https://www.sosnc.gov/online services/search/13usiness Registration Results 1 1 /14/2019