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HomeMy WebLinkAboutWQ0040122_Application (FTSE)_20200729Date: July 13, 2020 To: NCDEQ - Fast Track Sewer Permitting u R a A N DESIGN Attn: Barry Love PA R T N E R S 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Re: The Manors Permit No: WQ0040122 Project No: 19-057 To whom it may concern, 1318-e6 central ave_ P 704.334.3303 charlotte, nc 28205 F 704.334.330b urbandesignpartners corn IRECEIvED/NCDF.NR/0WR JUL it �QLO WQROS MOORESVILLE REGIONAL OFFICE ✓ 14 MpoR�s�/`` �QRo 1?0")© FR�,p/'OHq< O FF1C41 Enclosed is a submittal package for Fast Track Sewer submittal. This is a revision to the existing permit WQ0040122 which was approved on June 29, 2018. The Manors is a 8 lot single family subdivision in Charlotte. Subdivision plans have been approved by the City of Charlotte. The only changes to the previous permit is the applicant's name and information. The number of lots and design flow are the same. The following items are included with the submittal package: - Application fee amount - $480 - FTA 04-16 application - Articles of Organization from NC Secretary of State - Developers Operational Agreement - Set of Utility Plans - Change of ownership form — previously submitted to PERCS unit - maps D. Smith, P.E. Partner Urban Design Partners I': i v i i F N t; I N F P P. i N (; I A N f) P I A nI N I N State of North Carolina Department of Environmental Quality DWR Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION Application Number: to be completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: 1. Applicant's name: Alexander Road Partners, 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: Fred Caliguiri per 15A NCAC 02T .0106(b) Title: Manager 4. Applicant's mailing address: 4530 Park Road, Suite 490 City: Charlotte State: NC Zip: 28209- 5. Applicant's contact information: Phone number: (704) 574-0597 Email Address: fcaligiuri@,easlan.com 11. PROJECT INFORMATION: 1. Project name: The Manors 2. Application/Project status: ❑ Proposed (New Permit) ® Existing Permit/Project If a modification, provide the existing permit number: WQ0040122 and issued date: June 29, 2018 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: 35.120180 Longitude:-80.767220 5. Parcel ID (if applicable): 213-391-40 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Brian D. Smith License Number: 27890 Finn: Urban Design Partners Mailing address: 1318-E6 Central Avenue City: Charlotte State: NC Zip: 28205 Phone number: (704) 334-3303 Email Address: brian(a,urbandesignpartners.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: McAlpine Creek Wastewater Treatment Plant Pen -nit Number: NCO024970 Owner Name: Charlotte Water V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): WQ Downstream (Receiving) Sewer Size: 8 inch System Wide Collection System Permit Number(s) (if applicable): WQCS Owner Name(s): Charlotte Water FORM: FTA 04-16 Page 1 of 5 V1. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes [:]No ®N/A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached? ® Yes ❑No ❑N/A 3. If the Applicant is a Home/Property Owners' Association, has an Operational Agreement (FORM: HOA) been attached? ❑ Yes ❑No ®N/A 4. Origin of wastewater: (check all that apply): ® Residential Owned ❑ Retail (stores, centers, malls) ❑ Car Wash ❑ Residential Leased ❑ Retail with food preparation/service ❑ Hotel and/or Motels ❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool /Clubhouse ❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash ❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater: 100 % Domestic/Commercial % Commercial % Industrial (See 15A NCAC 02T .0103(20)) 4 Is there a Pretreatment Program in effect? ❑ Yes ❑ No 6. Hasa flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ❑ No ➢ If Yes, provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(f)) Daily Design Flow a,n No. of Units Flow gal/ 0 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total GPD a See 15A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.0114] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 0 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: WO0040122 ❑ Rehabilitation or replacement of existing sewer with no new flow expected ❑ Other (Explain): FORM: FTA 04-16 Page 2 of 5 ViI. GRAVITY SEWER DESIGN CRITERIA (if Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 566 new total PVC ➢ Section IT & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ Section Ili contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - ° 3. Design flow of the pump station: millions gallons per day (firm capacity) 4. Operational point(s) of the 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) Material 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(13)_ ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility Or if the pump station has an average daily flow less than 15,000 gallons per day: ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T .0305(h)(1)(C) or ❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C): ➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement) and is compatible with the station. ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. FORM: FTA 04-16 Page 3 of 5 IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(0): 1. Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (g) ➢ 15A NCAC 02T.0305(t) contains minimum separations that shall be provided for sewer systems: ® Yes ❑ No Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 24 inches Water mains (vertical -water over sewer including in benched trenches) 18 inches Water mains (horizontal) 10 feet Reclaimed water lines vertical - reclaimed over sewer 18 inches Reclaimed water lines horizontal - reclaimed over sewer 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class II impounded reservoirs used as a source of drinking water 100 feet **Waters classified WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal high water or tide elevation and wetlands see item IX.2 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches 10 feet Any building foundation 5 feet Any basement 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches ➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. ➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage ➢ If noncompliance with 02T.0305(fl or (g), see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ❑ Yes ❑ No ® N/A ➢ See the Division's draft separation requirements for situations where separation cannot be meet No variance is required if the alternative design criteria specified is utilized in design and construction ➢ As built documents should reference the location of areas effected 3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ❑ Yes ❑ No ® N/A ➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202 4. Does the project require coverage/authorization under a 404 Nationwide or ❑ Yes ® No individual permits or 401 Water Quality Certifications? ➢ Information can be obtained from the 401 & Buffer Permitting Branch 5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes [—]No Per 15A NCAC 02T.0105(c)(6), directly related environmental 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 02T, the Minimum Design Criteria for the Permitting of Pump Stations and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? ® Yes ❑ No if No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review. Approval of the request is required prior to submittal of the Fast Track Application and supporting documents. 2. Professional Engineer's Certification: Brian D. Smith (Professional Engineer's name from Application Item IiL 1.) attest that this application for 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: 3. Applicant's Certification per 15A NCAC 02T .0106(b): i, (Signattr uthority's nab& title from 4kiplication item 1.3.) `,,,,.....,, 11/ �N CAR041''% .FA(GINE�e /AN .D • S\�� 06.9 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 will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: r Date: cl 030 FORM: FTA 04-16 flm,e > of 5 STATE OF NORTH CAROLINA COUNTY OF Mecklenbu Permit No. of OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 23 day June 2020 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Alexander Road Partners 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 Mecklenburg County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as The Manors (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 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) The Manors, HOA (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 Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 01-15 Page 1 of 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such hind 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 fiend are not adequate for the constriction, 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 ftrture 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 MANAGEMENT COMMISSION S. Jay Zimmerman, Director Division of Water Resources (Date) Alexander Road Partners, LLC Name of DEVELOPER B Fred Caliguiri, Manager Print Name and Title June 23, 2020 (Date) FORM: DEV 01-15 Page 2 of SOSID: 1835951 Date Filed: 4/26/2019 12:25:00 PM Elaine F. Marshall North Carolina Secretary of State C201.9 1.16 01267 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: Alexander Road Partners, LLC (See Item Iof the Instructions for appropriate entity designation) 2. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both by checking all applicable boxes.) Note: This document must be signed by all persons listed. Name Business Address Capacity Jonathan C. Windham 301 S. College Street, Suite 2600, Charlotte, NC 28202 ❑Member DOrganizer []Member ❑Organizer []Member []Organizer 3. The name of the initial registered agent is: Fred J. Caligiuri, Jr. 4. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 4530 Park Road, Suite 490 city Charlotte State: NC Zip Code: 28209 County: Mecklenburg 5. The mailing address, if different from the street address, of the initial registered agent office is: Number and Street City State: NC Zip Code: County: 6. Principal office information: (Select either a orb.) a. R The limited liability company has a principal office. The principal office telephone number: 704-574-0597 The street address and county of the principal office of the limited liability company is: Number and Street. 4530 Park Road, Suite 490 City: Charlotte State: NC Zip Code: 28209 County: Mecklenburg BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622 The mailing address, if different from the street address, of the principal office of the company is: Number and Street: City: State: — Zip Code: County: b. The limited liability company does not have a principal office. 7. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are attached. 8. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the o, #; .in .imont Name Title Business Address 9. (Optional): Please provide a business e-mail address: _ The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 10. These articles will be effective upon filing, unless a future date is specified: This is the 25 day of April . 20 19 Signature Jonathan C. Windham, Organizer Type or Print Name and Tit]e The below space to be used if more than one organizer or member is listed in Item #2 above. Signature Type and Print Name and Title Signature Type and Print Name and Title NOTE: 1. Filing fee is $125. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O. 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