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WQ0042451_Application (FTSE)_20210415
TRANSMITTAL MOoREsviae RE�I. To: NCDEQ Mooresville Office Date: 4/8/2021 OFFICE Water Quality Section 610 East Center Avenue Mooresville, NC 28115 1213 w morehead street, suite 450 P 704.334.3303 charlotte, nc 28208 urbandesignpartners.com "4/Ncp .,�/CwR AP ur•). Phone: 704.663.1699 Fax: 704.663.6040 URBAN DESIGN PARTNERS Project Name: Glenn Abbey (FKA Woodlawn Townhomes) Project No: 19-071 Transmitted Via: Action: ® Overnight LI Courier ❑ Hand ❑ Mail ❑ Fax ❑ For Approval ® For Your Use MOORESVILLE REGIONAL OFFICE ❑ As Requested ❑ For Review & Comment ❑ For Signature RECEIVED/NCDEQ/DWR APR 15 2021 WQROS Number Date Description 2 Original and Copy of Fast Track Application and Attachments 1 Application Fee Check 2 Sets of plans Comments Please let me know if you need anything else Hannah Breed hannah@urbandesignpartners.com Cc: TRANSFORMING COMMUNITIES THROUGH COLLABORATIVE DESIGN' RECEIVED/NODE©/DWR WQROS MOORESVILLE REGIONAL OFFICE Date: April 8, 2021 To: NCDEQ Mooresville Office Attn: Fast Track Sewer Permitting 610 East Center Ave Mooresville, NC 28115 Re: Glenn Abbey (FKA Woodlawn Townhomes) UDP Project No: 19-071 To whom it may concern, M RESVILLWQR E REGI The attached Fast Track application is being submitted for a proposed residential development, referred to as Glenn Abbey (FKA Woodlawn Townhomes.) The site is located at 700 E Woodlawn Road in Charlotte, Mecklenburg County, North Carolina. The proposed gravity sewer lines related to this application will serve 18 residential units. The flow allocation for this development is 3,420 GPD. The following items are included within the submittal package: • Application fee amount ($480.00) • Completed FTA 04-16 application • Limited Liability Company Articles of Organization • Operational Agreement • 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 Glenn Abbey (FKA Woodlawn Townhomes.) Hannah Breed, P.E. Urban Design Partners 1213 w morehead street, suite 450, charlotte, ne 28208 j p 704.334.330'3 ( urhandesignpartners.com 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 ' U D) bE WR APR-, 9` 2021 WORbp MOORESVILLE REGIO {IAL oFFlcI . Applicant's name: Glenn Abbey Homeowners Association (company, municipality, HOA, utility, etc.) Application Number: 4g' ) (to he completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: 2. Applicant type: ❑ Individual Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ❑ Municipal 3. Signature authority's name: Peter Harakas per 15A NCAC 02T .0I06(b) Title: President 4. Applicant's mailing address: 2550 West Tyvola Rd #100 City: Charlotte State: NC Zip: 28217- 5. Applicant's contact information: Phone number: (704) 442-4961 Email Address: peter.harakas a,saussyburbank.com II. PROJECT INFORMATION: 1. Project name: Glenn Abbey (FKA Woodlawn Townhomes) 2. Application/Project status: ❑ Other ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00 and issued date: If new constniction 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: 35.173"Longitude:-80.869` 5. Parcel ID (if applicable): 17101 152 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Brian Smith License Number: 27890 Firm: Urban Design Partners Mailing address: 1213 W Morehead Street, Suite 450 City: Charlotte State: NC Zip: 28208- Phone number: (704) 334-3303 Email Address: brian(a),urbandesignpartners.com RECEIVED/NCDEQ/DWR APR 15 2021 WQROS MOORESVILLE REGIONAL OFFIC IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: McAlpine Greek, Irwin Creek, Sugar Creek Permit Number: NC0024970, NC0024945, NC0024937 Owner Name: Charlotte Water V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): I. Permit Numbcr(s): WQ Downstream (Receiving) Sewer Size: inch System Wide Collection System Permit Number(s) (if applicablej: WQCS Owner Name(s): FORM: FTA 04-16 Page of 5 VI. GENERAL REQUIREMENTS 1. lithe Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes ❑No ►1N/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? 4. Origin of wastewater: (check all that apply): ® Residential Owned ❑ Residential Leased ❑ School / preschool / day care ❑ Food and drink facilities ❑ Businesses / offices / factories Yes ❑No ❑N/A ❑ Retail (stores, centers, malls) ❑ Retail with food preparation/service ❑ Medical / dental / veterinary facilities ❑ Church ❑ Nursing Horne 5. Nature of wastewater : 100 % Domestic/Commercial % Commercial % Industrial (See 15A NCAC 02T .0103(20)) >ls there a Pretreatment Program in effect? 6. Has a flow reduction been approved under I5A NCAC 02T .0I 14(f)? El Yes If ves, provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: ❑ Car Wash ❑ Hotel and/or Motels ❑ Swimming Pool /Clubhouse 0 Swimming Pool/Filter Backwash ❑ Other (Explain in Attachment) ❑ Yes ❑ No ® No Establishment Type (see 02T.01 l4(t)) Daily Design Flow "'r' No. of Units Flow Residential (townhome) 190 gal/unit 18 units 3,420 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 3,420 GPD a See I5A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.0114] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 3,420 GPD (per 15A NCAC 02T .0114) Y Do not include future flows or previously permitted allocations If permitted flow is zero, indicate why: El 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 VIL GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 315 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 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)( I): ❑ 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 y Must be permanent to facility Or if the pump station has an average daily flow less than 15,000 gallons per day: ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T .0305(h)(1)(C) or ❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C): It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement) and is compatible with the station. If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. FORM: FTA 04-16 Page 3 of 5 IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(0): I. Does the project comply with all separations found in 15A NCAC 02T .0305(t) & (g) I5A 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-1 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, 1-IQW, 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 ➢ I5A 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(t) or (g), see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes ❑ No ❑ N/A • See the Division's draft separation requirements for situations where separation cannot be meet • No variance is required if the alternative design criteria specified is utilized in design and construction • As built documents should reference the location of areas effected 3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No ❑ N/A ➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202 4. Does the project require coverage/authorization under a 404 Nationwide or individual permits or 401 Water Quality Certifications? ➢ Information can be obtained from the 401 & Buffer Permitting Branch Yes No 5. Does project comply with I5A NCAC 02T.0105(c)(6) (additional permits/certifications)? 11 Yes ❑ No Per I5A 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 I5A 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 4. 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 permittce 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 CERTIFICATIONS: 1 Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Pump Stations and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? Yes ❑ No If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents foi review. Approval of the request is required prior to submittal of the Fast Track Application and supporting documents. 1. Professional Engineer's Certification: I, V41Act4 (Professional Engineer's name from Application Item III.I.) 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: Applicant's on per 15A NCAC 02T .0106(h): , AR 4-/ 1.1 C ES ,'7 attest that this application for (Signature Authority's name title from Application Item I.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 ail required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution, I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete: NOTE — In accordance with General Statutes 143-215,6A and 143-215,6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. attes hat this application for Signature: Date: W2/2-7 /Aet6s"5 . ./Z /01 FORM: FTA 04-16 Page 5 of 5 NO'_TH CA •LINA Department of the Secretary of State To all whom these presents shall come, Greetings: I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF GLENN ABBEY HOMEOWNERS ASSOCIATION, INC. the original of which was filed in this office on the 24th day of November, 2020. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 24th day of November, 2020. p.h Scan to verify online. Certification# C202032800959-1 Reference# C202032800959-1 Page: 1 of5 Verify this certificate online at https://www.sosnc.goviveritication Secretary of State SOSLD: 2087365 Date Filed: 11/24/2020 9:56:00 AM Elaine F. Marshall North Carolina Secretary of State C2020 328 00959 ARTICLES OF INCORPORATION OF GLENN ABBEY HOMEOWNERS ASSOCIATION, INC. The undersigned Incorporator hereby submits these Articles of Incorporation for the purpose of forming a nonprofit corporation in accordance with the North Carolina Nonprofit Corporation Act, N.C. Gen. Stat. § 55-A-1-01, et seq. (the "Nonprofit Corporation Act"). Article 1. Name. The name of the corporation is Glenn Abbey Homeowners Association, Inc. ( the "Association"). Article 2. Registered Agent and Registered Office. The initial registered office of the Association is located at 2550 West Tyvola Road, Suite 100, Charlotte, Mecklenburg County, North Carolina 28217, and the Registered Agent at such address is Peter T. Harakas. Article 3. Incorporator. The incorporator is Janet L. Bozeman, whose address is 1979 Lakeside Parkway, Suite 250, Atlanta, Georgia 30084. Article 4. Membership. The Association shall have members and be a membership corporation without certificates or shares of stock. The membership shall consist of all record Owners of Units in the Community (each, a "Member"), as such capitalized terms are defined in the Declaration of Covenants, Conditions, and Restrictions for Glenn Abbey, recorded or to be recorded in the office of the Register of Deeds for Mecklenburg County, North Carolina, as it may be amended or supplemented from time to time (the "Declaration"). The Members shall have such voting rights and membership privileges as set forth in the Declaration and in the bylaws of the Association, as they may be amended from time to time (the "By -Laws"). Article 5. Dissolution. The Association may be dissolved only upon approval of a plan of dissolution meeting the requirements of the Nonprofit Corporation Act by the Association's board of directors ("Board"), Members entitled to cast at least two-thirds (2/3) of the total votes in the Corporation, and, during the Development Period, the written consent of the Declarant (as such capitalized terms are defined in the Declaration). The Association is authorized, upon its winding up, to distribute its assets in accordance with the plan of dissolution adopted in accordance with Article 14 of the Nonprofit Corporation Act, which plan may, but shall not be required to, provide for distribution of the remaining property of the Association for tax-exempt purposes to an organization exempt under Section 501(c)(3) of the Internal Revenue Code, or as described in Section 170(c)(1) or (2) of the Internal Revenue Code. Article 6. Definitions. All capitalized terms used herein which are not defined shall have the meaning set forth in the Declaration. Article 7. Purposes. The Association does not contemplate pecuniary gain or benefit, direct or indirect, to its Members. By way of explanation and not of limitation, the purposes for which the Association is formed are: (a) to be and constitute the "Association" to which reference is made in the Declaration, to perform all obligations and duties of the Association, and to exercise all rights and powers of the Association, as set forth in the Declaration and other Governing Documents referenced therein, and as provided by law; and (b) to provide an entity for the furtherance of the interests of the Owners of Units in the Community. Certification# C202032800959-t Reference# C202032800959- Page: 2 of 5 Article 8. Powers. In furtherance of its purposes, the Association shall have the following powers, which, unless indicated otherwise by the Declaration or the By -Laws, may be exercised by the Board of Directors without a vote of the Members: (a) all of the powers conferred upon nonprofit corporations by common law and the statutes of the State of North Carolina in effect from time to time; (b) the power to adopt, alter, and amend or repeal such By -Laws as may be necessary or desirable for the proper management of the affairs of the Association; provided, however, such By - Laws may not be inconsistent with or contrary to any provisions of the Declaration, these Articles of Incorporation, or North Carolina law; (c) all of the powers necessary or desirable to perform the obligations and duties and to exercise the rights and powers set out in these Articles of Incorporation, the By -Laws, and the Declaration, including, without limitation, the following: (i) to fix, levy, and collect assessments and other charges to be levied pursuant to the Declaration and the By -Laws; (ii) to manage, control, operate, maintain, repair, and improve property subjected to the Declaration or any other property for which the Association by rule, regulation, covenant, or contract has a right or duty to provide such services; (iii) to enforce covenants, conditions, or restrictions affecting any property to the extent the Association may be authorized to do so under the Declaration or the By -Laws; (iv) to engage in activities which will actively foster, promote, and advance the common interests of all owners of property subject to the Declaration; (v) to buy or otherwise acquire, sell or otherwise dispose of, mortgage or otherwise encumber, exchange, lease, hold, use, operate, and otherwise deal in and with real, personal, and mixed property of all kinds and any right or interest therein for any purpose of the Association; (vi) to borrow money, subject to the limitations set forth in the Declaration and the By -Laws; (vii) to enter into, make, perform, or enforce contracts of every kind and description, and to do all other acts necessary, appropriate, or advisable in carrying out any purpose of the Association, with or in association with any other association, corporation, or other entity or agency, public or private; (viii) to act as agent, trustee, or other representative of other corporations, firms, or individuals, and as such to advance the business or ownership interests in such corporations, firms, or individuals; and (ix) to provide any and all supplemental municipal services to the Community as may be necessary or proper. 2 Certification# C202032800959-1 Reference# C202032800959- Page: 3 of 5 The foregoing enumeration of powers shall not limit or restrict in any manner the exercise of other and further rights and powers which may now or hereafter be authorized by the Declaration or permitted by law. Article 9. Board of Directors. The business and affairs of the Association shall be conducted, managed, and controlled by its Board. The initial Board shall be comprised of the following three persons: Peter T. Harakas Anita Brandau Bob Zweier 2550 WestTyvola Road, Suite 100, Charlotte, NC 28217 2550 WestTyvola Road, Suite 100, Charlotte, NC 28217 2550 West Tyvola Road, Suite 100, Charlotte, NC 28217 The number, qualification, and term of office of directors and the method of selection, removal and filling of vacancies on the Board shall be as set forth in the By -Laws. The Board may delegate its operating authority to such corporations, individuals, and committees as it, in its discretion, may determine. Article 10. Liability and Indemnification of Directors. The liability of directors to the Association or its Members for monetary damages for breach of duty of care or other duty as a director shall be eliminated or limited to the fullest extent allowed under the Nonprofit Corporation Act. Such limitation of liability shall not limit the personal liability of a director of the Association for: (i) acts or omissions that the director at the time of such breach knew or believed were clearly in conflict with the best interests of the Association or which involved intentional misconduct or knowing violations of the law; (ii) any transaction from which the director derived an improper personal benefit; or (iii) acts or omissions with respect to which the North Carolina Nonprofit Corporation Act does not permit the limitation of liability. As used herein, the term "improper personal benefit" does not include a director's reasonable compensation or other reasonable incidental benefit for or on account of his service as a director, officer, employee, independent contractor, attorney, or consultant of the Association. No amendment or repeal of this Article 10, nor the adoption of any provision to these Articles of Incorporation inconsistent with this Article, shall eliminate or reduce the protection granted herein with respect to any matter that occurred prior to such amendment, repeal or adoption. To the extent consistent with the Nonprofit Corporation Act, as it exists on the date hereof or as it may hereafter be amended, the Association shall indemnify its officers and directors as required by the Declaration and the By -Laws. Article 11. Duration. The Association shall have perpetual duration. Article 12. Merger and Consolidation. The Association may merge or consolidate only in accordance with Article 11 of the Nonprofit Corporation Act and upon a plan of merger or consolidation adopted by the Board and the affirmative vote of Members who are owners of at least two-thirds (2/3) of the Units. In addition, the consent of Declarant shall be required so long as Declarant is the owner of any Unit. Article 13. Amendments. These Articles of Incorporation may be amended by the Board solely for the purposes set forth in Section 55A-10-02 of the Nonprofit Corporation Act. Otherwise, these Articles of Incorporation may be amended upon a resolution duly adopted by the Board and the affirmative vote or written consent of Members holding at least two-thirds (2/3) of the total eligible votes in the Association. In addition, the written consent of Declarant shall be required for any amendment to these By -Laws (whether by the Board or the Members) so long as Declarant owns any property subject to the Declaration or which may be unilaterally subjected to 3 Certification# C202032800959-1 Reference# C202032800959- Page: 4 of 5 the Declaration by Declarant. No amendment of these Articles of Incorporation shall be in conflict with the Declaration. For any amendment proposed to be adopted by the Members at a membership meeting, the meeting notice shall state that the purpose, or one of the purposes of the meeting, is to consider the proposed amendment. The notice must also contain or be accompanied by a copy or a summary of the proposed amendment. If the proposed amendment is submitted for the Membersapproval by written consent or ballot in lieu of a meeting, the material soliciting Member approval shall contain or be accompanied by a copy or a summary of the proposed amendment. Article 14. Principal Office. The initial principal office of the Association is in Mecklenburg County and its street address is 2550 West Tyvola Road, Suite 100, Charlotte, NC 28217. The mailing address is the same. IN WITNESS WHEREOF, the undersigned Incorporator has executed these Articles of Incorporation this the 23rd day of November, 2020, to be effective upon filing with the Secretary of State for the State of North Carolina. Address of Incorporator: Hyatt & Stubblefield, P.C. 1979 Lakeside Parkway, Suite 250 Atlanta, Georgia 30084 583002/CA Docs/A01-112320-jib 4 L. Bc&m, Incorporator Certification# C202032800959-1 Referenee# C202032800959- Page: 5 of 5 CHARLOTTE T October 11, 2019 Lauren Thomas Urban Design Partners 1318-E6 Central Avenue Charlotte, NC 28205 SUBJECT: SEWER FLOW CONDITIONAL ACCEPTANCE WOODLAWN TOWNHOMES 700 EAST WOODLAWN ROAD, CHARLOTTE, NC CLTWATER TRACKING# 20194518 After review by Charlotte Water's Capacity Assurance Program, your project was identified to be located in a local collection sanitary sewer system determined to have limited sanitary sewer system capacity. After analysis of the sanitary sewer system associated with the proposed development, 20194518, WOODLAWN TOWNHOMES, it was determined that there will be sufficient capacity to accommodate the proposed average day flow of 3,420 gallons per day, at the connections points indicated on the submitted utility plan, and connections will be allowed after completion of the following public infrastructure project: Wastewater Improvement Project: Little Hope Creek. Project No. 703143001. This infrastructure improvement project was identified to support current and future customers; therefore, Charlotte Water is conditionally approving these proposed flows once these offsite Sanitary Sewer improvements are complete and activated. The anticipated completion date for Wastewater Improvement Project: Little Hope Creek project is October 2021. We request a detailed schedule of your development project, preferably Gantt chart, with specific milestones and schedule dependencies. This will allow us to contact you at critical milestones identified for either project. If you have any questions, you may contact new services at (704) 432-5801. Sincerely, Gui,rwto- Aevzo-Ca- Guillermo Anzola Engineering Assistant Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org 4? Operated by the City of Charlotte CHARLOTTE Hanna Breed Urban Design Partners. 1318-E6 Central Avenue Charlotte, NC 28205 April 15, 2021 SUBJECT: REVISION TO CONDITIONAL CAPACITY APPROVAL DATED COTOBER 11, 2019: SEWER FLOW CONDITIONAL ACCEPTANCE WOODLAWN TOWNHOMES 700 E WOODLAWN ROAD - CLTWATER TRACKING# 20194518 This letter is to provide revised conditional capacity approval to the original letter dated October 11, 2019. After review by Charlotte Water's Capacity Assurance Program (CAP), your project was identified to be located in a local collection sanitary sewer system determined to have limited sanitary sewer system capacity. After analysis of the sanitary sewer system associated with the proposed development, 20194518, WOODLAWN TOWNHOMES, it was determined that there will be sufficient capacity within the existing public g ravity sewer to accommodate the proposed average day flow of 3,420 gallons per day, at the connections points indicated on the submitted utility plan, and connections will be allowed after completion of the following public infrastructure project: Wastewater Replacement Project: Little Hope Creek Sanitary Sewer Improvements — Phase 1 Project No. CMP-40-14-002 This infrastructure improvement project was identified to support current and future customers; therefore, Charlotte Water is conditionally approving these proposed flows contingent on the completion and activation of the required offsite Sanitary Sewer improvements. The anticipated completion date for the req uired Little Hope Creek Sanitary Sewer Improvements — Phase 1 is the 4' Quarter of 2021. As public sewer limitations affecting specific development projects are eliminated as portions of the public sewer project are completed and placed in service prior to the full sewer project completion, these specific projects will be issued a full CAP approval and allowed to connect to the public sewer. We req uest a detailed schedule of your development project, preferably Gantt chart, with specific milestones and schedule dependencies. This will allow us to contact you at critical milestones identified for either project. 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 req uired to convey flow from the proposed development to the existing public gravity sewer. If you have any questions, you may contact new services at (704) 336-1041. Sincerely, Eric L. Howard Senior Engineer Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org CI?? Operated by the City of Charlotte CZi3sin t �f� r Resources State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: Urban Design Partners Project Name for which flow is being requested: Woodlawn Townhomes 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 10.796 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 74.93 0.00342 85.72 86.6% 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 Nanning 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): Woodlawn Road Downstream Permit Number: Unknown Page 1 of 6 FTSE 10-18 State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: Urban Design Partners Project Name for which flow is being requested: Woodlawn Townhomes 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. 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, NC0024937 All flows are in MGD c. WWTP facility's permitted flow 99.00 d. Estimated obligated flow not yet tributary to the WWTP 13.714 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 75.5 0.00342 89.218 90.1% 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 Clow 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 (pt) 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): Woodlawn Road Downstream Permit Number: Unknown Page 1 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 Chief Engineer Title of Signing Official Date Page 2 of 6 FTSE 10-18 USGS Topographic Map Charlotte East Quadrangle Street Level Map STATE OF NORTH CAROLINA COUNTY OF Mecklenburg Permit No. k/ QO r�tid J 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 Glenn Abbey Homeowners Association , 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: I. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as Glenn Abbey (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 1 of 2 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. Sucli fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearlybudget. the event the common expense allocation and separate funds) 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. 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 isnecessary to cause the sting 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. 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 The ASSOCIATION shall not transfer, convey, assign or other for the operation and maintenance of its Disposal System ASSOCIATION'S successor. ise relinquish or release its responsibility ntil a permit has been reissued to the The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permitissued by the: COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 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 belo' FOR THE ENVIRONMENTAL, MANAGEMENT COMMISSION S. Daniel Smith Director, Division of Water Resources (Date Glenn Abbey Homeowners Association Name g SOCIATION By:7 (Signature /,. Peter Harakas, President Print Name and Title (Date) FORM: HOA 03-19 Page 2 of 2