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HomeMy WebLinkAboutWQ0042395_Application (FTSE)_20210323 (2)Landworks Design Group, P.A. 7621 Little Avenue, Suite 111 Charlotte, NC 28226 Memorandum Date: March 19, 2021 To: NCDEQ Mooresville Regional Office 610 E. Center Ave. Mooresville, NC 28115 From: Landworks Design Group, PA Steven S. Wilson, PE Project: Southend Terraces Phase 2 Job #: 19054.2 Re: Southend Terraces Phase 2 Private Sanitary Sewer Tel: 704-841-1604 Fax: 704-841-1604 RECEIVED/NCDEQ/DWR MAR 2 3 2021 WOROS MOORESVILLE REGIONAL OFFICE On behalf of HC Southend, LLC. we are submitting a Fast -Track Application (FTA 04-16) for gravity sewers for the construction of "Southend Terraces Phase 2" private sanitary sewer and related appurtenances. • Project Narrative • (2) Copies of completed application FTA 04-16 • Developer's Operation Agreement Form DEV 3-19 • Corporation Document for HC Southend, LLC • Flow Acceptance letter • Area Map • Street Level Map • $480.00 fee Appropriate forms have been signed by the proper representatives. We look forward to your favorable review and approval of the proposed construction. Should you have any questions or if we could aid in your review, please feel free to contact me at 704.841.1604. Regards, Landworks Design Group, PA. Steven S. Wilson, PE P:12019 Jobs119054.2 - Baltimore Townhome CD's - HopperlPermit Submittals & ApprovalslUtility SubmittalslPrivate Sewer11_19054.2 DENR Private Sewer Submittal Memo -Cover letter.docx Landworks Design Group, P.A. 7621 Little Avenue, Suite 111 Charlotte, NC 28226 Project Narrative Date: March 19, 2021 To: NCDEQ From: Landworks Design Group, PA Steven S. Wilson, PE Project: Southend Terraces Phase 2 Job #: 19054.2 Re: Southend Terraces Phase 2 Sanitary Sewer Narrative Tel: 704-841-1604 Fax: 704-841-1604 The proposed Southend Terraces Phase 2 will be a 20-townhome units subdivision. This project will consist of approximately +/- 130LF of 8" private gravity sewer and related appurtenances, which will connect to an 8" public gravity sanitary sewer within the project area. The estimated sewage flow from this project is 3,800 gpd based on the following calculations: 20 units @ 190 gallons per day per unit = 3,800 gallons per day. Regards Landworks Design Group, P.A. Steven S. Wilson, PE P:12019 Jobs119054.2 - Baltimore Townhome CD's - Hopper1Permit Submittals & ApprovalslUtility Submittals Private Sewer12 19054.2 DWQ - Fast Track Narrative.docx Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION This application is for sewer extensions involving gravity sewers, pump stations and force mains, or any combination that has been certified by a professional engineer and the applicant that the project meets the requirements of 15A NCAC 02T and the Division's Minimum Design Criteria and that plans, specifications and supporting documents have been prepared in accordance with, 15A NCAC 02T, 15A NCAC 02T .0300, Division policies and good engineering practices. While no upfront engineering design documents are required for submittal, in accordance with 15A NCAC 02T .0305(b), design documents must be prepared prior to submittal of a fast track permit application to the Division. This would include plans, design calculations, and project specifications referenced in 15A NCAC 02T .0305 and the applicable minimum design criteria. These documents shall be available upon request by the Division. Projects that are deemed permitted (do not require a permit from the Division) are explained in 15A NCAC 02T.0303. Projects not eligible for review via the fast track process (must be submitted for full technical review): ➢ Projects that require an environmental assessment in accordance with 15A NCAC 1C .0100; ➢ Projects that do not meet any part of the minimum design criteria (MDC) document; ➢ Projects that involve a variance from the requirements of 15A NCAC 2T; ➢ Pressure sewer systems utilizing septic tank -effluent pumps (STEPs) or simplex grinder pumRDEIVED/NCDEQJDWR ➢ STEP or simplex grinder pumps connecting to pressurized systems (e.g. force mains); ➢ Vacuum sewer systems. MAR 23 2 0 Z 1 WOROS General — When submitting an application, please use the following instructions as a checkliMPAINgkitir4sCirratalleVAESIOEms are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of requested additional information. Failure to submit all required items will necessitate additional processing and review time, and may result in return of the application. Unless otherwise noted, the Applicant shall submit one original and one copy of the application and supporting documentation. A. One Original and One Copy of Application and Supporting Documents ® Required unless otherwise noted B. Cover Letter (Required for All Application Packages): List all items included in the application package, as well as a brief description of the requested permitting action. D. Be specific as to the system type, number of homes served, flow allocation required, etc. D. If necessary for clarity, include attachments to the application form. C. Application Fee (All New and Major Modification Application Packages): ® Submit a check or money order in the amount of $480.00 dated within 90 days of application submittal. D. Payable to North Carolina Department of Environmental Quality (NCDEQ) D. Fast Track (Form: FTA 04-16) Application (Required for All Application Packages): ►� Submit the completed and appropriately executed application. ➢ If necessary for clarity or due to space restrictions, attachments to the application may be made. ® If the Applicant Type in Item I.2 is a corporation or company, provide documentation it is registered for business with the North Carolina Secretary of State. ❑ If the Applicant Type in Item I.2 is a partnership or d/b/a, enclose a copy of the certificate filed with the Register of Deeds in the county of business. ® The Project Name in Item II.1 shall be consistent with the project name on the flow acceptance letters, agreements, etc. ® The Professional Engineer's Certification on Page 5 of the application shall be signed, sealed and dated by a North Carolina licensed Professional Engineer. The Applicant's Certification on Page 5 of the application shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ►r4 INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Page 1 of 3 E. Flow Tracking/Acceptance Form (Form: FTSE 04-16) (If Applicable): ® Submit the completed and executed FTSE form from the owners of the downstream sewers and treatment facility. ➢ Multiple forms maybe required where the downstream sewer owner and wastewater treatment facility are different. ➢ The flow acceptance indicated in form FTSE must not expire prior to permit issuance and must be dated less than one year prior to the application date. ➢ Submittal of this application and form FTSE indicates that owner has adequate capacity and will not violate G.S. 143- 215.67(a). ➢ Intergovernmental agreements or other contracts will not be accepted in lieu of a project -specific FTSE. F. Site Maps (All Application Packages): ® Submit an 8.5-inch x 11-inch color copy of a USGS Topographic Map of sufficient scale to identify the entire project area and closest surface waters. ➢ Location of the project (gravity sewer, pump stations & force main) ➢ Downstream connection points and permit number (if known) for the receiving sewer Include a street level map showing general project area. G. Existing Permit (All Modification Packages): ❑ Submit the most recently issued existing permit. ❑ Provide a list of any items within the permit the Applicant would like the Division to address during the permit modification (i.e., permit description, flow allocation, treatment facility, etc.). H. Power Reliability Plan (Required if portable reliability option utilized for Pump Station): O Per 15A NCAC 02T .0305(h)(1), submit documentation of power reliability for pumping stations. ➢ This alternative is only available for average daily flows less than 15,000 gallons per day ➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant and is compatible with the station. The Division will accept a letter signed by the applicant (see 15A NCAC 02T .0106(b)) or proposed contractor, stating that "the portable power generation unit or portable, independently -powered pumping units, associated appurtenances and personnel are available for distribution and operation of this pump 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. (Required at time of certification) I. Certificate of Public Convenience and Necessity (All Application Packages for Privately -Owned Public Utilities): O Per 15A NCAC 02T .0115(a)(1) provide the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the sewer extension, or O Provide a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an application for a franchise has been received and that the service area is contiguous to an existing franchised area or that franchise approval is expected. J. Operational Agreements (Applications from HOA/POA and Developers for lots to be sold): ❑ Home/Property Owners' Associations ❑ Per 15A NCAC 02T .01 1 5(c), submit the properly executed Operational Agreement (FORM: HOA). O Per 15A NCAC 02T .0115(c), submit a copy of the Articles of Incorporation, Declarations and By-laws. Developers of lots to be sold El Per 15A NCAC 02T .0115(b), submit the properly executed Operational Agreement (FORM: DEV). For more information, visit the Division's collection systems website INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Page 2 of 3 THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE: REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Swannanoa, North Carolina 28778 (828) 296-4500 (828) 299-7043 Fax Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey Water Quality Section Fayetteville Regional Office 225 Green Street Suite 714 Fayetteville, North Carolina 28301-5094 (910) 433-3300 (910) 486-0707 Fax Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Robeson, Richmond, Sampson, Scotland Water Quality Section Mooresville Regional Office 610 E. Center Avenue Mooresville, North Carolina 28115 (704) 663-1699 (704) 663-6040 Fax Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union Water Quality Section Raleigh Regional Office 1628 Mail Service Center Raleigh, North Carolina 27699-1628 (919) 791-4200 ( Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 (252) 946-6481 (252) 975-3716 Fax Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne Water Quality Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 (910) 350-2004 Fax Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender Water Quality Section Winston-Salem Regional Office 450 W. Hanes Mill Road Suite 300 Winston-Salem, North Carolina 27105 (336) 776-9800 Alamance, Allegheny, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin Water Quality Section INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Page 3 of 3 Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION FTA 04-16 & SUPPORTING DOCUMENTATION Application Number: 0 2, 3 JS (to be completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: 1. Applicant's name: HC Southend, LLC (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual // Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ❑ Municipal 3. Signature authority's name: Bart Hopper per 15A NCAC 02T .0106(b) Title: Manager 4. Applicant's mailing address: 1616 Cleveland Ave City: Charlotte State: NC Zip: 28203- 5. Applicant's contact information: Phone number: (704) 805-4801 Email Address: bhopperna,hoppercommunities.com ❑ Other II. PROJECT INFORMATION: 1. Project name: Southend Terraces Phase 2 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: 35.205° Longitude: -80.872° 5. Parcel ID (if applicable): 14501306 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Steven S Wilson License Number: 15497 Firm: Landworks Design Group Mailing address: 7621 Little Avenue City: Charlotte State: NC Zip: 28226- Phone number: (704) 841-1604 Email Address: swilsonAlandworkspa.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Irwin Creek WWTP Permit Number: NC0024945 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 System Permit Number(s) (if applicable): WQCS Owner Name(s): FORM: FTA 04-16 Page 1 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 ONO ❑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 ❑ Residential Leased ❑ School / preschool / day care ❑ Food and drink facilities ❑ Businesses / offices / factories ❑ Retail (stores, centers, malls) ❑ Retail with food preparation/service ❑ Medical / dental / veterinary facilities ❑ Church ❑ Nursing Home 5. Nature of wastewater : 100 % Domestic/Commercial % Commercial % Industrial (See 15A NCAC 02T .0103(20)) >Is there a Pretreatment Program in effect? 6. Has a flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ➢ If yes, provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: ❑ Car Wash ❑ Hotel and/or Motels ❑ Swimming Pool /Clubhouse ❑ Swimming Pool/Filter Backwash ❑ Other (Explain in Attachment) ❑ Yes ❑ No ® No Establishment Type (see 02T.0114(f)) Daily Design Flow a,b No. of Units Flow Townhomes 190 gal/unit/day 20 3,800 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 3,800 GPD a See I5A NCAC 02T .01 14(b), (d), (e)(1) and (e)(2) for caveats to wastewater des"gn 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 14] shall be deteiiuined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 3,800 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 8 130 PVC/ DIP > 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 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - 3. Design flow of the pump station: millions gallons per day (firm capacity) 4. Operational point(s) of the pump(s): gallons per minute at 5. Summarize the force main to be permitted (for this Pump Station): feet total dynamic head (TDH) 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) ➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems: ® Yes ❑ No Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 24 inches Water mains (vertical -water over sewer including in benched trenches) 18 inches Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class II impounded reservoirs used as a source of drinking water 100 feet **Waters classified WS (except WS-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 ➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. D. **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) D. See the Division's draft separation requirements for situations where separation cannot be meet ➢ No variance is required if the alternative design criteria specified is utilized in design and construction ➢ As built documents should reference the location of areas effected ® Yes ❑ No 3. Does the project comply with all setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No D. This would include Trout Buffered Streams per 15A NCAC 2B.0202 4. Does the project comply with an individual 404 Permit or any 401 Certifications? // Yes ❑ No ➢ Wetland -related permits shall be requested, obtained, and adhered to for projects that impact wetlands or surface waters D. 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 i1 No ➢ 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 I SA NCAC 02T, the AM1inirnum Design Criteria for the Permitting of Puittp Stations and F rce tvlains (latest version), and the Gravity Sewer Ntinimum Desien Criteria (latest version) as applicable? i1 Yes ❑ No If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review. Approval of the request is required prior to submittal of the Fast Track Application and supporting documents. 2. Professional Engineer's Certification: I, neer's name from Application Item III.1.) attest that this application for has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. NOTE — In accordance with General Statutes I43-215.6A 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. ,``\OQ�pF ESSt 5;;. 49 �® North Carolina Professional Engineer's seal, signature, and date: 3. Applicant's Certification per 15A NCAC 02T .0106(b): 1, J. Bart Hopper / Manager (Signature Authority's name & title from Application 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. 1 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. ♦ • ®®ems ` •FNGI NEE • �y `�® of /i/ S.a.t 1 i 70 ‘�� attest that this application for NOTE — In accordance with General Statutes I43-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: FORM: FTA 04-16 Date: 3/19/21 Page 5 of 5 STATE OF NORTH CAROLINA COUNTY OF Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d l) 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 HC Southend, LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. W ITNESSETH: I. The DEVELOPER is the owner of the certain lands Tying in Mecklenburg County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Southend Terraces Phase 2 (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, Southend Terraces Phase 2 (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of' the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. RECEIVEDINCDEQIDWR MAR 'L3 2 E1 WOOS FORM: DEV 03-19 Page 1 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 for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of 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 HC Southend, LLC MANAGEMENT COMMISSION Name ofDEVELO' � 1Aly By: 4 �OF/ r S. Daniel Smith (Signatutt`e) Director, Division of Water Resources J. Bart Hopper / Manager Print Name and Title 03/19/21 (Date) (Date) FORM: DEV 03-19 Page 2 of 2 3/19/2021 North Carolina Secretary of State Search Results • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name HC Southend, LLC Information Sosld: 1990929 Status: Current -Active U Date Formed: 6/4/2020 Citizenship: Domestic Annual Report Due Date: April 15th Registered Agent: Hopper, J Bart Addresses Mailing Principal Office Reg Office Reg Mailing 1616 Cleveland Ave 1616 Cleveland Ave 1616 Cleveland Ave 1616 Cleveland Ave Charlotte, NC 28203 Charlotte, NC 28203 Charlotte, NC 28203 Charlotte, NC 28203 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. https://www.sosnc.gov/online_services/search/Business_Registration_Results 1/1 CHARLOTTE W TER March 10, 2020 Mr. Long Q. Quach Landworks Design Group 7621 Little Avenue Charlotte, NC 28226 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE BALTIMORE AVENUE SITE 2620 BALTIMORE AVENUE, CHARLOTTE, NC CLTWATER TRACKING# 2020850 After an analysis of the sanitary sewer associated with the proposed design of project, 2020850, BALTIMORE AVENUE SITE, it was determined that there is sufficient capacity to accommodate the proposed sewer flow of 3,800 gallons per day (20 units x 190 gpd/unit) at the connection point(s) indicated on the submitted utility plan for transmission to the Irwin Creek Wastewater Treatment Plant; NPDES permit number NC0024945, 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 (2) 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, amzu rwt.o- Awzo4.a• Guillermo Anzola Engineering Assistant Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org Operated by the City of Charlotte State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: Landworks Design Group Project Name for which flow is being requested: Baltimore Avenue Site (Residential) More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek b. WWTP Facility Permit #: NC0024970, NC0024945, NC0024937 All flows are in MGD c. WWTP facility's permitted flow 99.00 d. Estimated obligated flow not yet tributary to the WWTP 11.362 e. WWTP facility's actual avg. flow f. Total flow for this specific request g. Total actual and obligated flows to the facility h. Percent of permitted flow used 72.625 0.0038 83.991 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 / pf), 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): Baltimore Avenue Downstream Permit Number: Unknown Page 1 of 6 FTSE 10- 1 8 III. Certification Statement: 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. 3/10/2020 Signing Official Signature Date Chief Engineer Title of Signing Official Page 2 of 6 FTSE 10-18 The National Map Advanced Viewer 3/19/2021, 11:03:34 AM C) N 2021 USGS Date Printed: 3/19/2021 10:54:59 AM