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