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HomeMy WebLinkAboutWQ0041975_Application (FTSE)_20200914NC Department of Environmental Quality Received SEP 14 2020 Winston-Salem Regional Office Mr. Corey Basinger NCDENR — Division of Water Resources 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Dear Corey: DAMS • MARTIN • POWELL dm ENGINEERS & SURVEYORS September 8, 2020 Re: City of High Point Ledford South Subdivision Phase 4 Sewer Extensions DMP Project 190181 On behalf of the City of High Point and the Owners in regards to the referenced project, we are enclosing the following information for your review and approval: • Two (2) copies of Fast -Track Sewer System Extension Application (FTA 04-16) • Two (2) copies of Flow Reduction Letter from NCDWQ to City of High Point • Two (2) copies of Owner Operational Agreement of referenced project • Two (2) copies of Flow Tracking/Acceptance for Sewer Extension Applications (FTSE 04- 16) Two (2) copies of 8.5x11 color USGS quad map • Two (2) copies of 8.5x11 color Aerial site map • $480 review fee Ledford Downs, LLC, proposes to install 880 LF of 8-inch sewer line and appurtenances for Ledford South Subdivision — Phase 4. The LLC is paying for the permit, but the permit is in the City's name since they will take over ownership of the sewer extensions after the work is completed, tested, and accepted. We trust the enclosed information is complete and will allow for approval to be issued at an early date. However, should you have any questions or require additional information, please contact our office. Sincerely, DAVIS-MARTIN-POWELL & ASSOCIATES, INC. (G-,//JZOCQ m Lisa Meadows C: Chuck Jones File T: 336-886-4821 • F: 336-886-4458 • License: F-0245 6415 Old Plank Road, High Point, NC 27265 • www.dmp-inc.com State of North Carolina Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION FTA 04-16 & SUPPORTING DOCUMENTATION Application Number: (to be completed by DWR) All items must be completed or the aonlication will be returned I. APPLICANT INFORMATION: 1. Applicant's name: Ledford Downs. 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: Cranford A. Jones per 15A NCAC 02T .0106(b) Title: Partner 4. Applicant's mailing address: 3705 A West Market St N C Department of PP g Environmental Quality City: Greensboro State: NC Zip: 27403-_ Received 5. Applicant's contact information: SEP 14 2020 Phone number: 336) 669-4760 Email Address: ciones(cdcjcoco.com Winston-Salem II. PROJECT INFORMATION: Regional Office 1, Project name: Ledford South Phase 4 2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: W000_ and issued date: If new construction but part of a master plan, provide the existing permit number: W00028617 3. County where project is located: Davidson 4. Approximate Coordinates (Decimal Degrees): Latitude: 35,945050' Longitude:-80.112784' 5. Parcel ID (if applicable): (or Parcel ID to closest downstream sewer) III w0leMs) _ff AW90QWe] 4Ur:vCira 1. Professional Engineer: Lesley R. England License Number: 027568 Firm: Davis -Martin -Powell & Associates Mailing address: 6415 Old Plank Road City: High Point State: NC Zip: 27265 Phone number: 336 886-4821 Email Address: lee le and(n dmp-inc.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORtMATION: 1. Facility Name: Westside WWTF Permit Number: NC 0024228 Owner Name: City of High Point V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): W OOQ 28617 Downstream (Receiving) Sewer Size: 8 inch System Wide Collection System Permit Number(s) (if applicable): WQCS_ Owner Name(s): Ledford South Subdivision FORM: FTA 04-16 Pagel 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 NN/A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached? N Yes [-]No [-]N/A 3. If the Applicant is a Home/Prooerty Owners' Association. has an Operational Agreement (FORM: HOA) been attached? ❑ Yes NNo ❑N/A 4. Origin of wastewater: (check all that apply): N 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 N No 6. Hasa flow reduction been approved under 15A NCAC 02T .0114(f)? N Yes ❑ No ➢ If yes, provide a cony of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(n Daily Design Flow •,b No. of Units Flow Residential Homes 270 gal/day 19 5130 GPD gaV GPD gal/ GPD gall GPD gal/ GPD gal/ GPD Total 5130 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.01 I ] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 5 130 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: ❑ 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 8 880 PVC SDR 26 ➢ 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 VHI. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pum) Stations/Force Mains): COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: N/A 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)(l): ❑ 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) 0 Yes ❑ No ➢ 15A NCAC 02T.0305(f9 contains minimum separations that shall be provided 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, HOW, 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(f) or (0. 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 D 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 R N/A D 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 D 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 Per. and Force Mains (latest version), and the Gravitv Sewer Minimum Design Criteria (latest version) as ►Fe�Mo IFNo, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review. Anproval of the request is required prior to submittal of the Fast Track Application and supporting documents. 2. Professional Engineer's Certification: I, Lesley R. England attest that this application for (Professional Engineer's name from Application Item 111.1.) 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 143-215.6B, 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. North Carolina Professional Engineer's seal, signature, and date: 3. Applicant's Certification per 175A NCAC 02T .0I06(b): (Signature Authority's name & title from Application Item 1.3.) 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 I43-215.613 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. t // vU Signature: C�---✓� -r __ Date: -6-2-0 FORM: FTA 04-16 Page 5 of 5 W ATE ap 9Q Michael F. Easley, Governor �O G William G.Rossdr:,Secretary. h r North Carolina Department of Environment and Natural Resources . Coleen H. Sullins, Director Wslon of Water Quality June 27, 2007 rteealvFo Terry L. Houk, Asst. Director of Public Services Hs. Gooc�r cvn City of High Point JUN Z.9 20. . P.O. Box 230 High Point, North Carolina 27261 R'�"io�ais;� Subject; EastsideWWTP(NC0024210) & Westside W WTP (NC0024228) Residential Flow Reduction Approval Guilford County Dear Mr, Houk: On June 25, 2007, the Division of Water Quality received a flow reduction request for residences in the city of High Point served by the Eastside W WTP (NC0024210) & the Westside W WTP (NC0024228). The letter requests an.allowable flow rate of 240 GPD per 3 bedroom residential connection based on the evaluated data from the W WT P and the active number of residential connections. The DMR data provided between January 2005 and December 2006 with daily readings taken during November 2006 was analyzed by central office and regional office staff. Based upon this data the Division hereby approves the use of 90 GPD per residential bedroom with a minimum of 180 gpd for one and two bedroom units in all applicable non -discharge permit applications. Flow shall be incremented by 90lgpd for each bedroom above two. Regardless of the adjusted desien daily wastewater flow rate at no time shall the wastewater flows exceed the effluent limits defined in the NPDES permit for the treatment facility or exceed the capacity of the sewers downstream of an new sewer extension or service connection(sl. The residential water usage data include 13 residences with "0" flow. These residences were excluded from the calculations. This resulted in an average daily flow of 150 GPD. If you have any questions or comments regarding this matter, please contact Deborah Gore at (919) 733-5083 ext. 593 [email: Deborah.Gore@ncmail.net). ., . incerely, c, tColeen H. Sullins cc: Steve Tedder, Winston-Salem Regional Office 1� Steve Mauney, Winston-Salem Regional Office NPDES Permit File No. NCO024228 PERCS Flow Reduction File One Pretreatment, Emergency Response and Collection Systems Unit Internet httpA2o.ennnastate.us/PERCS NOrthCarolina 1617 Mail Service Center, Raleigh, NC 27699-1617 An Equal Opportunity Action Employer NiyFtiral/ Telephone (919)733-5083 Fax (919)733-0059 50%recyded/10%post-consumer paper STATE OF NORTH CAROLINA COUNTY OF Davidson Permit 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 Ledford Downs, LLG , 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 Davidson County, upon which it is erecting and will erect dwelling units and other improvements, said development to beknown as Ledford South, Phase 4 (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, Ledford South HOA, Inc. (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction andrepair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions andlaw. 2, The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws andDeclaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until apermit has been reissued to the DEVELOPER's successor. FORM:. DEV 03-19 Page I of 2 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 mayrequire as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision forthe continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of apermit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 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. Daniel Smith Director, Division of Water Resources Cranford A. Jones - Member/Manager Print Name and Title (Date) (Date) FORM: DEV 03-19 Page 2 of 2 t)Ivlslon of Miter Re�iourcea State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer )extension Applications (FTSE 10-18) Application Number: 2020�j5,� , _Tit Entity Requesting Allocation: Ledford DOwns.LLC Project Name for which flow is being requested; Ledford South Phase 4 More thetil one FEW dlt(P be reyrrlred for a shrgle profecl {lYhe olvner ofthe IP)VTP is uor responsible foroll pnlop stations aloug the ramie ofUia proposed rvastewrilerJloly. II. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility name: Westside WWTP b. WWTP Facility Permit k: NC-0024228 All flolps are lit MGD C. WWTP facility permitted flow: 8.2000 d. Estimated obligated flow not yet tributary to the WWTP: 0.0401 e. WWTP facility's actual average flow: 3.1638 f. Total flow for this specific request: g. Total actual and obligated flows to the facility: It. Percent of permitted flow used: 0,0040 3.2080 39.12% 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) (n) (C) (D)-(aiC) (EN(A-D) Pump Pump Firm Design Approx. Obligated, Station Station Capacity' Average Current Not Total Current Available Yet or lkmait Daily Flows Avg. Daily Tributary Flow Plus Obligated Capacdy s Number)(Nanno Number) Number (Finn/pt), Flow, Daily Flow, Flow NIGD MGD \IGD MGD MGD MCD waufao ll9t'fe XC000417e 9.PM1 'aim 3.1639 0.0401 )SOJo 4.994 a AN/A 2N1,1 MA AWA lN1h RN/A 4NU 4NIA avlA MA 4NN 4S/A AWA MA 4N/A AN/A ANtA 4NG 4N/A AN/A MA 4.Y/A 4N/A h22q 4N/A VIA AN/A MA 4NIA The Fh•m Cnpaciq• (design flmv) orany print sinilon is dcflned as the nmxlmunt pumped flow that can be achieved with the largest transit taken out of sea••ice. 44 Design Average Flow is the firm capacity orthe pump station divided by the perking hector (pn not less than 2.5, per Section 2.02(A)(4)(c)of the Slininnm Design Criteria. 44t A Planning Assessment Addendum shelf be attached for each pump sin Iion located batureen the project connection point and the WWTP where the Available Capacity is 5 a. unstrcnns pacitityNnnre (Sewer): unstreant Permit Number. 41411% "A Page 1 of 6 FTSE 10-18 Certification Statement I, Terry Houk 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 1 and Il plus all attached planning assessment addendums for which I ant 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 P-M&IC SZxYicES biP�Le?a2 Title of SigningOfficial 8/13/2020 Date PAae 2 of 8 FTSE 10-18 The National Map Advanced Viewer 4 ii rfn I J .r- it i "air t j ty k .L31' G9 it h - it r 61 8/3/2020, 3:45:32 PM „ 1 , = t 1 lilir i i I tits •� i� SITE a vil � " 1 tom' i ,I ,It ii M4 [ u 'Vi ,l ill rt di - U , I d ( r I � i y 1:18,056 0 0.13 0.25 0.5 rni 0 0.2 OA 0.8 kin USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USES Global Ecosystems; U.S. Census USES USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National E r E � ® o N , e �D �� �d opt. a Y- nvrry:GreCv _ 2I a i �. STATE OF NORTH CAROLINA COUNTY OF Davidson Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (it 1) and entered into this _ day of l) , by and between the North Carolina Environmental Management Commi gency of the State of North Carolina, hereinafter known as the COMMISSION; and Ledford Downs, LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as theDEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Davidson County, upon whichitis erecting and will erect dwelling units and other improvements, said development to heknown as Ledford South, Phase 4 (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; Ledford South HOA, Inc. (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction andrepair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration ofthe 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 COMMISS[ON, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions andlaw. 2 The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. in order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws andDectaration: 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 03-19 Page I of 2 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 mayrequire as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision forthe continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of apermit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. M 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 Cranford A. Jones - Member/Manager Print Name and Title (Date) (Date) FORM: DEV 03-19 Page 2 of 2