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WQ0033689_Application_20081215
USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Application Number: (to be completed by DWQ) 1. Owner/Permittee: 1 a. Raeford Retail Investments, LLC. Full Legal Name (company, municipality, HOA, utility, etc.) O1 b. Arthur J. Ke es, Vice President Signing Official Name and Title (Please review 15A NCAC 2T .0106 (b) for authorized signing officials!) i H 1c. The legal entity who will own this system is: ❑ Individual ❑ Federal ❑- Municipality ❑ State/County El- Private Partnership ® Corporation ❑ Other (specify): 0 1d. 1415 Stuart Engals Boulevard 1e. Mount Pleasant LL Mailing Address City Z 1 f. South Carolina 1 g. 29464-3346 Z State Zip Code 0 1 h. 843-654-7888 1 i. 843-654-7889 1j. akepes@wrsrealty.com QTelephone Facsimile E-mail U 2. Project (Facility) Information: J 2a. Shoppes at Raeford 2b. Hoke IZ Brief Project Name (permit will refer to this name) County Where Project is Located a Q 3. Contact Person: Christopher Manes, P.E., Wolverton & Associates, Inc. Civil Engineering Consultant Q3a. Name and Affiliation of Someone Who Can Answer Questions About this Application 3b. 770-447-8999 3c. chris.manes@wolverton-assoc.com Phone Number E-mail 1. Project is ® New ❑ Modification (of an existing permit) If Modification, Permit No.: 2. Owner is ❑ Public (skip to Item B(3)) ® Private (go to Item 2(a)) 2a. If private, applicant will be: 2b. If sold, facilities owned by a (must choose one) ® Retaining Ownership (i.e. store, church, single office, etc.) or ❑ Public Utility (Instruction C) ❑ Leasing units (lots, townhomes, etc. - skip to Item B(3)) ❑ Homeowner Assoc./Developer (Instruction D) ❑ Selling units (lots, townhomes, etc. - go to Item B(2b)) 3. City of Raeford ZZ Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 4a. City of Raeford 4b. NCO026514 QName of WWTF WWTF Permit No. 5a. Hoke County (5b 12' Gravity 15c. Currently Under design — no permit I® Owner of Downstream Sewer iReceiving Sewer Size I❑ Force Main Permit # of Downstream Sewer (Instruction E) 6. The origin of this wastewater is (check all that apply): LL Wolverton*StAs—sociates PAY 3xactly Four hundred eighty and no / 100 Dollars WACHOVIA BANK Atlanta, GA DATE 12/12/2008 033577 24041 610 North Carolina Dept of Environmental & Natural Resources WOLVERTON & ASSOCIATES TO THE ORDEROF p AMOUNT $480.00 Central Files: APS SWP 01 /06/09 Permit Number WQ0033689 Permit Tracking Slip Program Category Status Project Type Non -discharge Active New Project Permit Type Fast Track Version Permit Classification Gravity Sewer Extension, Pump Stations, & Pressure Sewer 1.00 Individual Extensions Primary Reviewer Permit Contact Affiliation trent.allen Permitted Flow 51218 Facility Name Major/Minor Region Shoppes at Raeford Major Fayetteville Location Address County Hoke Facility Contact Affiliation Owner Name Owner Type Raeford Retail Investments LLC Non -Government Owner Affiliation Art Kepes 1415 Sturat Engals Blvd Mt Pleasant Sc 29464 Dates/Events Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 01 /06/09 12/15/08 01 /06/09 01 /06/09 Regulated Activities Requested/Received Events Restaurant Additional information requested Retail Additional information received Wastewater collection Outfall NUI_I_. Waterbody Name Stream Index Number Current Class Subbasin ►4 Or W ATF A` State D�A`R� Department of Environment and Natur Division of Water o _N� COPY FAST -TRACK APPLICATION p�Q (FTA 12/07 very) for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS (Pressure & Vacuum sewer systems are not to be included as part of this application package) INSTRUCTIONS: Indicate that you have included/addressed the following list of required application package items by checking the space provided next to each applicable item. Failure to submit all required items will lead to your application being returned as incomplete. Forms are available from the web site or by calling the Regional Office serving your county: http://h2o. enr. state. nc. uslperes/Collection % 2OSystems/Collection SystemApplications. html ® A. Application Form - Submit one original and one copy of the completed and appropriately executed application form. The application should include a project narrative describing the final build -out design (i.e. system and/or pump station to ultimately serve 500 homes, but flow for only 100 homes being requested now). For modifications, clearly explain the reason for the modification (i.e. adding another phase, changing line size/length, etc.). Only include the modified information in this permit application - do not duplicate project information that has already been included in the original permit. Any changes to this form will result in the application being returned. The Division of Water Quality (Division) will only accept application packages that have been fully completed with all applicable items addressed. You do not need to submit detailed plans and specifications unless you respond NO to Item 1303) Separate applications should be made for non-contiguous sewer systems ® B. Application Fee - Submit a check in the amount of $480 made payable to. North Carolina Department of Environment and Natural Resources (NCDENR). Checks shall be dated within 90 days of application Submittal. ❑ C. Certificates of Public Convenience and Necessity — If the application is being submitted in the name of a privately -owned public utility, submit two copies of the Certificate of Public Convenience and Necessity (CPCN) which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a CPCN has not been issued, provide two copies of a letter from the North Ce,rolina Utilities Commission's Public Staff that states that an application for a franchise has been received that the service area is contiguous to an existing franchised area, and/or that franchise approval is expected. The project name in the CPCN or letter must match that provided in Item 4(2)a f th' Operational Agreements _ o is application. per 15A NCAC 02T . Submit one original and two copies of a properly executed operational a commercial lots(e.g.0115, if the application is greeme/7f, as the applicant is a home ohouses, Condominiums Submitted by a private applicant and will be serving resiae�tial or use Form DEVrm property , townhomes, outparcels, etc, 02/03. EVEN IF owner's association use )that will be sold to another entity. If COMPLETION, FORM DEV 02103 IS REQUIRED THE CT MAY BEFTURNED OVER A 02/03. /f the app/Cant is a developer, E. Downstream Sewer, ER T4 A M/JNIC/PALITY UPON Tracking/Acceptance for S eF Extension on PumFeity nd FJ0 n (and owners of downstreamwers,w Tracki g/Acce _ certifies that the addition of the volume of stem,t Appl !cations) is r prance route to the receiving stations and/or equired with FORrn FTSE g treatment plant, anther water to be pe�reatment facilities submitting Theo, (Flow sewer overflows or overburden an FO applicant Plant. Where the a mitre this pro y dowrream Pur�w from this Project m Project h RM FTSE-1 from the owner of the applicant is not the owrof the p station will not as been evaluate 0/07) FORM FTS downstream sewerd ow en taus f, capacity d along the E-10/07 must not expire rio own Sewer to the rece1\ i pacity relate application date. Submittal of this a beer °f the TF -submit tw ng wBStew t sanitary capacity m't is bm't o ate! treat Y and will not violate pp on nuance and if different. The f°pie$ Of FORM FT meet accepted in lieu ofproject-specificG'S• 143.67(a�an�te ORM nmeE ust S 10/0 e dated lessow acceptance . SE 10/07 FTSE)7. govef ntal indi 'Cates than one year Indicated in Map —Submit an 8.5-inch b rnentse°!that Owner ►� agree prior to the entire project area and the closest survate py of other and pump stations and be of reproduci�alit a USGS Contra as adequate Point, and the m s. Each map r Maps phic Nja be Permit number for the dNa ysenclu a Street /e must shoot Scale de ps sufficient W the wer, if known level map showing the down of the the the nstream co er line nnection ❑ G. -Stream Classifications — Watershed Classification Attachment (Form WSCAS-12/07) If any portion of the sewer system project is within 100 feet of any surface water or wetlands, the Watershed Classification Attachment may need to be completed. A variance must be requested for encroachment within required setbacks or buffers pursuant to 2T .0305 (f) and be indicated in Item B-13 with supporting documentation/justification provided. ❑ H Environmental Assessments — If this project is subject to an Environmental Assessment (EA) [15A NCAC 01C], this application cannot be used. Send the project application on the most current version of Form PSFMGSA to the Design Management Unit, 1633 Mail Service Center, Raleigh, NC 27699-1633. Applications cannot be accepted until a Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS) has been issued. A copy is to be submitted with that permit application. ❑ I. Flow Direction — Many wastewater treatment systems are entering into agreements for regionalization efforts and emergency treatment capacity. Parts of the system are installed so that the wastewater flow can be directed to more than one treatment facility. If this is the case with this project, please indicate in 13(12) and give the permit number of the second treatment facility. ® J. Certifications — Section C The application must be certified by both the applicant and the design engineer who is a North Carolina Registered Professional Engineer (PE). The applicant signature must match the signing official listed in Item A(lb). The PE should NOT certify the application if he/she is unfamiliar with 15A NCAC Chapter 2T, the Gravity Sewer Minimum Design Criteria (most recent version) and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (most recent version), as applicable to the project. THE COMPLETED FTA 12107 APPLICATION PACKAGE, INCLUDING ALL SUPPORTING DOCUMENTS AND $480 FEE, 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, 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, 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, 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, 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, Washington, North Carolina 27889 Currituck, Dare, Gates, Greene, Hertford, Hyde, (252) 946-6481 Jones, Lenoir, Martin, Pamlico, Pasquotank, (252) 975-3716 Fax Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, New Wilmington, North Carolina 28405 Hanover, Onslow, Pender (910) 796-7215 (910) 350-2004 Fax Winston-Salem Regional Office 585 Waughtown Street Alamance, Alleghany, Ashe, Caswell, Davidson, Winston-Salem, North Carolina 27107 Davie, Forsyth, Guilford, Rockingham, Randolph, (336) 771-5000 Stokes, Surry, Watauga, Wilkes, Yadkin (336) 771-4630 Fax For more information, please visit our web site at: http://h2o. enr.state.nc.uslperes/Collection%2OSystemsICollectionSystemsHome.html or contact the Regional Office serving your county. FTA 12/07 w USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Application Number: WQO���V (to be completed by DWQ) ■� 1. Owner/Permittee: j 1a. Raeford Retail Investments, LLC. Full Legal Name (company, municipality, HOA, utility, etc.) Z 1 b. Arthur J. Kepes, Vice President Signing Official Name and Title (Please review 15A NCAC 2T .0106 (b) for authorized signing officials!) i H 1 c. The legal entity who will own this system is: I ❑ Individual EJ Federal ❑ Municipality ❑ State/County 0 Private Partnership Z Corporation ❑ Other (specify): O 1 d. 1415 Stuart Engals Boulevard 1 e. Mount Pleasant lL Mailing Address City � Z 1f. South Carolina 1g. 29464-3346 Z State Zip Code O 1 h. 843-654-7888 1 i. 843-654-7889 1 j. akepes@wrsrealty.com QTelephone Facsimile E-mail V 2. Proiect (Facility) Information: J 2a. Shoppes at Raeford 2b. Hoke a. Brief Project Name (permit will refer to this name) CountyWhere Project is Located Q 3. Contact Person: Christopher Manes, P.E., Wolverton & Associates, Inc. Civil Engineering Consultant Q3a. Name and Affiliation of Someone Who Can Answer Questions About this Application 3b. 770-447-8999 3c. chris.manes@wolverton-assoc.com Phone Number E-mail 1. Project is Z New ❑ Modification (of an existing permit) If Modification, Permit No.: 2. Owner is ❑ Public (skip to Item B(3)) Z Private (go to Item 2(a)) 2a. If private, applicant will be 2b. If sold, facilities owned by a (must choose one Z Retaining Ownership (i.e. store, church, single office, etc.) or ❑ Public Utility (Instruction C) ❑ Leasing units (lots, townhomes, etc. - skip to Item B(3)) ❑ Homeowner Assoc./Developer (Instruction D) ❑ Selling units (lots, townhomes, etc. - go to Item B(2b)) — — 3. — — — --- City of Raeford Z Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 4a. City of Raeford 4b. NCO026514 Name of WWTF WWTF Permit No. 5a. Hoke Count b. 12" Z Gravity 5c. Currently Under design — no permit Owner of Downstream Sewer Receiving Sewer Size ❑Force Main Permit # of Downstream Sewer (Instruction E) 0 6. The origin of this wastewater is (check all that apply): Z �- ❑ Residential Subdivision Z Retail (Stores, shopping centers) 100 % Domestic/Commercial ❑ Apartments/Condominiums ❑ Institution % Industrial (attach ❑ Mobile Home Park ❑ Hospital description.) LL1 El School El Church Z Restaurant ❑ Nursing Home (RO: contact your Regional Office n- ❑ Office ❑ Other (specify): Pretreatment staff) % Other (specify): 7. Volume of wastewater to be allocated or permitted for this particular project: 51,218 gallons per day *Do not include future flows or previously permitted allocations 8. If the permitted flow is zero, indicate why: ❑ Pump Station, Outfall or Interceptor Line where flow will be permitted in subsequent permits that connect to this line ❑ Flow has already been allocated in Permit No. ❑ Rehabilitation or replacement of existing sewer with no new flow expected (see 15A NCAC 02T .0303 to determine if a permit is required) FTA 12/07 f 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2T .0114 for the value in Item B(7) AND/OR the design flow for line or pump station sizing if a reduced or zero flow is being requested in Item 13(7). Values other than that in 15A NCAC 2T .0114 (b) and (c) must be supported with actual water or wastewater usel data in accordance with 15A NCAC 2T .0114 (f). I See attached. 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) Length (feet) New Gravity or Additional Force Main 8" PVC 2050 GRAVITY 6" PVC 780 GRAVITY 0 11. Summary of Pump Stations w/ associated Force Mains to be Permitted (attach additional sheets as necessary) W D Pump Station Location ID N/A (self chosen - as shown on plans/map for reference) Z -- - Z Design Flow Operational Point Power Reliability Option (MGD) GPM @TDH 1 -permanent generator w/ATS; Force Main Size : Force Main Length 0 2 - portable generator w/MTS �.. N/A N/A N/A N/A N/A Z 0 QPump Station Location ID N/A (self chosen -as shown on plans/map for reference) Design Flow Operational Point Power Reliability Option (MGD) GPM @TDH 1 - permanent generator w/ATS; Force Main Size Force Main Length 0 2 - portable generator w/MTS LL Z N/A N/A N/A N/A N/A H Pump Station Location ID N/A (self chosen - as shown on plans/map for reference) W CL Design Flow Operational Point Power Reliability Option m (MGD) GPM @TDH 1 - permanent generator w/ATS; Force Main Size Force Main Length 2 - portable generator w/MTS N/A N/A N/A N/A N/A 12. Will the wastewater flow in the proposed sewer lines or pump stations be able to be directed to another treatment facility? [:]Yes ® No If Yes, permit number of 2nd treatment facility (RO — if "yes" to 13,12 please contact the Central Office PERCS Unit) 13. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC Chapter 2T as applicable? ® Yes ❑ No If No, please reference the pertinent minimum design criteria or regulation and indicate why a variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION I FTA 12/07 4. Have the following permits/certifications been submitted for approval for the system or project to be served? Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes ❑ No ® N/A Sedimentation and Erosion Control Plan? ® Yes ❑ No ❑ N/A Stormwater? ® Yes ❑ No ❑ N/A 1:15. Does this project include any high priority lines, [see 15A NCAC 02T .0402 (2)] involve aerial lines, siphons, or interference manholes)? These lines will be considered high priority and must be checked once every six months Check if Yes: ❑ and provide details j1. Ownern/Permittee's Certification: (Signature of Signing Official and Project Name) ',' 1, rtrktil� J K�C attest that this application for Shoppes at Raeford has been reviewed by me and is accurate and complete to the best of my knowledge. 1 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 1 application package is subject to being returned as incomplete. Note: In accordance with North Carolina General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of Class 2 misdemeanor, which may include a fine not to exceed $10,000 as ell as civil p altie up to $25,000 per violation. Signing Official Si nature Date (ENGINEERING DESIGN DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL OF THIS `(APPLICATION. THESE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIR PROXIMITY � TO OTHER UTILITIES, DESIGN CALCULATIONS. ETC. REFER TO 15A NCAC 02T .0305 Z � Professional Engineers Certificabon: (Signature of Design Engineer and Project Name) V 1, Jeff Bellyea attest that this application for Shoppes at Raeford has been reviewed by me and {j,.is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best of my knowledge. 1 further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers 'lu : adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force fication in accordance with Division guidance. Although other Mains adopted June 1, 2000 and the watershed classi I 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 NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false I statement, representation, or certification in any application 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. �.._.._._... ......... ... ........ .__.._-_...__..._.........................._.....__.....__._...._.._._.._. 2a. Jeff Belvea Professional Engineer Name '2b. Wolverton & Associates, Inc. `• Engineering Firm Pc. 6745 Sugarloaf Parkway, Suite Mailing Address i2d. Duluth City g. 770-447-8999 12h. 770-447-1 Telephone Facsimile GA 2-f. 30097 State. _—i__,... zip--- jell. belyea @wolve rto n- '%,, 1116111,, I, '``. kA CARO'/,, POFEsS/0 S 3�73 NGINE�91g�v��` `. NC PE Seal, Signature & Date FTA 12/07 Drawn: PDR Date: 12-12-08 1 Checked: CLM scale:1"=200' 1 Job No.: 07-156 File: MWM ssroU ooOar.owc -- _ Wolverton Associates 1 Consulting Engineers + Land Surveyors • 6745 Sugarloaf Parkway • Suite 100 . Duluth, Georgia 30097 Phone: (770) 447-8999 • Fax: (770) 447-9070 www.wolverton-assoc.com 1 iEXCM 1 ' • 1 1 \ SEWER EXTENSION '1 8lPEACEMER N07-03 I ', ■ `.' SY HM COUNTY PROPOM 1 i 1 1 11 1 1 ` 1 ` 1 ©I E i DEUNEATED eFFA 1 OF IMAVM CREEK s of 1 1 1 7m r_ WE —me 1 '' O CD .� '. • 1PROPOSM 1 1 1 1 ` BEWM PROPOSED POND ' PROPOSIM 1 �� ' i . 1 >m ,n 1 vA..CL a 1 ---_ 770-447-8999 770-447-9070 Fax www.wolverton-assoc.com WolveftonV'& Associates MEMORANDUM TO: Permit Reviewer NC DENR — DWQ Wastewater Section Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, NC 28301-5094 Phone: 910-433-3300 FROM: Chris Manes�"�� DATE: December 12, 2008 RE: Sewer Permit Project Narrative Shoppes at Raeford, Raeford, NC W&A Project #07-156 6745 Sugarloaf Parkway ♦ Suite 100 Duluth, Georgia 30097 Raeford Retail Investments, LLC proposes to construct a commercial shopping center, Shoppes at Raeford, within the jurisdictional boundaries of Hoke County, NC. The development will consist of a 151,384 SF Wal-Mart Supercenter, 40,400 SF of retail shops, 4 outparcels, and one parcel of excess property. Flows for all parcels listed above are being requested at this time. This project will consist of the construction of gravity mains only and is proposed to tie into a public main extension that Hoke County will be extending to the property. The county extension is under design presently; therefore no permit information is available for the County system at this time. If you have any questions or comments, please feel free to contact me at 770-447-8999. Average Flows: Wal-Mart Outlot 1 (restaurant) Outlot 2 (restaurant) Outlot 3 (restaurant) Outlot 4 (restaurant) Retail Shops Excess Property DESIGN FLOW CALCULATIONS Shoppes at Raeford Raeford, Hoke County, GA 151,384 SF X 0.13 GPD/SF = 150 Seats X 40 GPD/Seat = 150 Seats X 40 GPD/Seat = 150 Seats X 40 GPD/Seat = 150 Seats X 40 GPD/Seat = 40,400 SF X 0.10 GPD/SF = 3.974 AC X 880 GPD/AC = 19,680 GPD 6,000 GPD 6,000 GPD 6,000 GPD 6,000 GPD 4,040 GPD 3,498 GPD Total = 51,218 GPD 7' - STATE OF NORTH CAROLINA COUNTY OF Hoke Permit No. 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 Raeford Retail Investments, LLC. , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Hoke County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Shoppes at Raeford (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (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 and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 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 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 Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER'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 construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL _Rae-rS TC6 ` (G MANAGEMENT COMMISSION Name 91 DEVELOPER B: W& k a . 6/� Coleen H. Sullins, Director (Signature) Division of Water Quality h r_ �) k-CPe5 v P Of - Print Name and Title /YI ayd cyf deli 1ZI q/D0 (Date) (Date) cnr)XA. r-%r'(T nllrn', n.._.. -) _ram 12/10/2008 WED 7:49 FAX 910 875 8165 CITY OF RAEFORD , • 2001/001 pF W ATFState of North Carolina \pt OG Department of Environment and Natural Resources Division of Water Quality 0 Flow Tracldng/Acceptance for Sewer Extension Permit Applications (FTSE—10/07) Project Applicant Name: Raeford Retail Investments, LLC Project Name for which flow is being requested: Shoppes at Raeford More than one F7SE,10/07 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: City of Raeford b. WWTP Facility Permit #: NCO026514 All flows are in MGD c. WWTP facility's permitted flow 3.00 d. Estimated obligated flow not yet tributary to the WWTP 1.07 e. WWTP facility's actual avg. flow 1.926 £ Total flow for this specific request N/A g. Total actual and obligated flows to the facility 3.00 h. Percent of permitted flow used 100"/0 H. 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 Station Name Tn -rpf'6r f�ivct,� , — Hoke Landing 67gnanrS :1 ;. ,. (P Scurlock School iC Private Pump (Short Stop) ` v Riverbrooke Approx. Capacity, MGD (Firm/Design) 90 GPM @ 188 TDH Approx. Current Avg. Daily Flow, MGD 21,186 GPD 215 GPM @ 73 TDH 64,742 GPD 310 GPM @ 43 TDH 800 GPM @ 65.7 TDH 112,186 GPD 199 GPD 1,063 MGD 1 H. Certification Statement: L Michael N. Wood , certify that, to the best of my knowledge, 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. 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 11 for which I am the responsible party. Signature of this form indicates acceptance f this wastewater w. /-2 ^ J' Signing Official Signature Date