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HomeMy WebLinkAboutWQ0041942_Application (FTSE)_202009041318-e6 central ave. P 704.334.3303 charlotte, nc 28205 F 704,334,3305 urbandesign partners.com R PC EIVED/N(,DE!R'DWF S P 0 4 2 020 WQPOS MOORESVIf I.X REGIONAL OFIPI( E Date: September 3, 2020 To: NCDEQ Mooresville Office Attn: Fast Track Sewer Permitting 610 East Center Ave Mooresville, NC 28115 Re: Belmont Korners UDP Project No: 19-104 To whom it may concern, The attached Fast Track application is being submitted for a proposed mixed -use development, referred to as Belmont Korners. The site is located at the intersection of Belmont Avenue and Allen Street in Charlotte, Mecklenburg County, North Carolina. The proposed gravity sewer lines related to this application will serve 16 condominium units, 2,839 sf of retail, and 2,550 sf of office space. The flow allocation for this development is 3,634 GPD. The following items are included within the submittal package: • Application fee amount ($480.00) • Completed FTA 04-16 application • Homeowner's Operational Agreement • Limited Liability Company Articles of Organization • Charlotte Water Flow Acceptance Letter/FTSE • USGS Quad Map • Street Level Map • Plan set Please feel free to contact me via email(hannah@urbandesignpartners.com} or by phone at (704) 334-3303 with questions pertaining to Belmont Korners. Hannah Breed, P.E. Urban Design Partners CIVIL ENGINEERING LAND PLANNING 1318-e6 central ave. P 704.334,3303 charlotte, nc 28205 F 704.334.3305 urbandesignpartners.com Re: Belmont Korners UDP Project No: 19-104 To whom it may concern, The attached Fast Track application is being submitted for a proposed mixed -use development, referred to as Belmont Korners. The site is located at the intersection of Belmont Avenue and Allen Street in Charlotte, Mecklenburg County, North Carolina. The proposed gravity sewer lines related to this application will serve 16 condominium units, 2,839 sf of retail, and 2,550 sf of office space. The flow allocation for this development is 3,634 GPD. The following items are included within the submittal package: • Application fee amount ($480.00) • Completed FTA 04-16 application • Homeowner's Operational Agreement • Limited Liability Company Articles of Organization • Charlotte Water Flow Acceptance Letter/FTSE • USGS Quad Map • Street Level Map • Plan set Please feel free to contact me via email (hannahQurbandesianpartners com) or by phone at (704) 334-3303 with questions pertaining to Belmont Korners. 1 Hannah Breed, P.E. Urban Design Partners LANDSCAPE ARCHITECTURE + CIVIL ENGINEERING t State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATIOgqN(( gq Fc Application NumberA/P,M 1/' 4 fo be completed by DWR) ' _ 112'01 All items must be completed or the application will be returned OROS i 0 E Vr1_1_,f F�E(:ait:)NAI_ OFFICE I. APPLICANT INFORMATION: I. Applicant's name: Belmont Komers, Inc. (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: Ron Staley, Jr. per 15A NCAC 02T .0106(b) Title: President 4. Applicant's mailing address: 7427 Matthews -Mint Hill Road Suite 105-215 City: Charlotte State: NC Zip: 28227- 5. Applicant's contact information: Phone number: (980) 272-2015 Email Address: staleyr(u)myyh.net II. PROJECT INFORMATION: 1. Project name: Belmont Korners 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: 35.227, Longitude:-80.820" 5. Parcel ID (if applicable): 081-128-06 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Brian D. Smith License Number: 27890 Firm: Urban Design Partners Mailing address: 1318-e6 Central Ave City: Charlotte State: NC Zip: 8205- Phone number: (704) 334-3303 Email Address: brian@urbandesignpartners.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Sugar Creek Permit Number: NCO024937 Owner Name: Charlotte Water V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): WQ Downstream (Receiving) Sewer Size: inch System Wide Collection Svstem Permit Numbers (if aP licable : WQCS Owner Name(s): FORM: FTA 04-16 Page I of 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/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)) ,Is there a Pretreatment Program in effect? ❑ Yes ❑ No 6. Has a flow reduction been approved under 15A NCAC 02T .0114(t7? ❑ Yes ® No If yes, provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type (see 02T.01141f)) Daily Design Flow 1,b No. of Units Flow Condominiums 190 gal/unit 16 3,040 GPD Retail 130 gal/1000 SF 2,839 sf 369 GPD Office 25 gal/employee/shift 9 emp/shift 225 GPD gal/ GPD gal/ GPD gal/ GPD Total 3,634 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: 3,634 GPD (per ISA NCAC 02T .0114) )o 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 VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 228 PVC ➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ 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 VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT l . 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)(B): ➢ 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(f)): 1. Does the project comply with all separations found in 15A NCAC 02T.0305(f) & (g) ® Yes [:]No r 15A NCAC 02T.0305(fl contains minimum separations that shall be nrovided for sewer systems- 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-I 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 v 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(f) 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 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 02B .0200? ® Yes ❑ No ❑ N/A )�, 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? � 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 02L the Minimum Design Criteria for the Permitting of Pump Stations and Force Mains {latest version), and the Gravity Sewer Minimutu Design Criteria (latest version) as applicable? v■ 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: I, 1 �' 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 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: C°�R `. sv,.� / 3. Applicant's Certification per 15A NCAC 02T .0106(b): I, Y /QlaMattest that this application for (Signature Authority's name & tifre from Applicatio Item 1.3.) 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 143-215.68, 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: FORM: FTA 04-16 Page 5 of 5 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION SOSID: 1111860 i Date Filed: 8/19/2009 9:56:00 AM Elaine F. Marshall North Carolina Secretary of State C200922200374 Pursuant to §57C-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. l . The name of the limited liability company is: Belmont Korners LLC If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no limit on the duration of the limited liability company.) 3. 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. Note: This document must be signed by all persons listed here). Perina Stewart 1021 Belmont Avenue, Charlotte, NC 28205-2714 d MGMbez /n,�Aani leg. 4. The street address and county of the initial registered office of the limited liability company is: 5. U 7 Number and Street 1021 Belmont Avenue City, State, Zip Code Charlotte, NC 28285-2714 County Mecklenburg The mailing address, if different from the street address, of the initial registered office is: The name of the initial registered agent is: Perina Stewart Princ;pal office information: (Select either a or b.) a. ❑ The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 1021 Belmont Avenue City, State, Zip Code Charlotte, NC 28205 County Mecklenburg The mailing address, if different from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. Check one of the following: ✓ (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing, unless a date and/or time is specified: This is theA day of JW \ , 20 0 Signature Type or Print Name and Title NOTES: 1. Filing fee is $125. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form L-01) Instructions for Filing August 11, 2020 Mrs. Hannah Breed Urban Design Partners 1318-E6 Central Avenue Charlotte, NC 28205 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE BELMONT KORNERS 1021 BELMONT AVENUE, CHARLOTTE, NC 28205 CLTWATER TRACKING# 20204025 After an analysis of the sanitary sewer associated with the proposed design of project, 20204025, BELMONT KORNERS, it was determined that there is sufficient capacity to accommodate the proposed sewer flow of 3,634 gallons per day (16 units x 190 gpd/unit; Z839 sf x 130 gpdI1,000 sf; 9 emp x 25 gpd/emp) at the connection point(s) indicated on the submitted utility plan for transmission to the Sugar Creek Wastewater Treatment Plant; NPDES permit number N00024937, 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 Q) 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. The CAP analysis performed determines available capacity within the existing public gravity sewer system. The developer is responsible for any additional private or public sewer infrastructure required to convey flow from the proposed development to the existing public gravity sewer. If you have any questions, please do not hesitate to contact me at (704) 432-5801. Sincerely, Cr u-i l,Le. w,o- Avvz &L4, Guillermo Anzola Engineering Assistant Charlotte water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org 16 operated by the City of Charlotte State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Server Extension Applications (FTSE 10-18) Entity Requesting Allocation: Urban design Partners Project Name for which flow is being requested: Belmont Korners (Residential) More than one FTSE may be required for a single project if the owner oj'the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. 1. 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 #: NC0024970, NC0024945, NCO024937 All flows are in MGD c. WWTP facility's permitted flow 99.00 d. Estimated obligated flow not yet tributary to the WWTP 10.175 e. WWTP facility's actual avg. flow 73.817 f. Total flow for this specific request 0.003634 g. Total actual and obligated flows to the facility 83.992 h. Percent of permitted flow used 84.8% II. 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) (D)=(B+C) (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 / p fl, 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 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): Unknown Downstream Permit Number: Unknown Page I of 6 FTSE 10-18 III. Certification Statement: I Keri 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 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 Date Chief Engineer Title of Signing Official Page 2 of 6 FTSE 10-18 USGS Topographic Map Charlotte East Quadrangle Street Level Map STATE OF NORTH CAROLINA 17 COUNTY OF Mecklenburg Permit No. 1 � AXVI HOME/PROPERTY OWNERS' 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 Belmont Korners, Inc. , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as Belmont Korners (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter47C or 47F of the North Carolina General Statutes. 5. 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 ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to 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 ASSOCIATION 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 bythe Association except for Federal, State, and local taxes and insurance. FORM: HOA 03-19 Page l of 2 3. The ASSOCIATION 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 fund allocated for the facility and shall be part of the yearlybudget. 4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made as necessary at anytime. 5. 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 ASSOCIATION 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 mayrequire as condition of accepting the Development's wastewater. 6. 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 ASSOCIATION 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 bythe issuance of a permit. 7. The ASSOCIATION 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 ASSOCIATION'S successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. 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. Daniel Smith Director, Division of Water Resources Belmont Korners Name ofASSOCIATION By: -- . (Signature) Ron Staley, Jr. - President Print Name and Title (Date) (Date) FORM: HOA 03-19 Page 2 of 2 Central Files: APS _ SWP _ 9/14/2020 Permit Number WQ0041942 Program Category Non -discharge Permit Type Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions Primary Reviewer barry.love Coastal SWRule Permitted Flow 3,634 Facility Facility Name Belmont Korners Location Address Owner Permit Tracking Slip Status Project Type Active New Project Version Permit Classification 1.00 Individual Permit Contact Affiliation Major/Minor Region Minor Mooresville County Mecklenburg Facility Contact Affiliation Owner Name Owner Type Belmont Korners Inc Non -Government Owner Affiliation Ron Staley 7427 Matthews Mint Hill Rd Dates/Events Mint Hill NC 28227 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 9/14/2020 9/4/2020 9/14/2020 9/14/2020 Regulated Activities Requested /Received Events Condominium Additional information requested Office Additional information received Retail Wastewater collection Outfall Waterbody Name Streamindex Number Current Class Subbasin