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WQ0042524_Application Attachment_20210514
enest o e Shaping the Environment Realizing the Possibilities Land Planning Landscape Architecture Civil Engineering Urban Design 200 South Tryon Street, Suite 1400 Charlotte, NC 28202 p+704 376 1555 f+704 376 7851 url+ www.colejeneststone.com PIECEIVED/NCDEQ/DWR MAY X 4 201 WOROS Date: May 13, 2021MOORESVILLE REGIONAL OFFICE Reference: 4692 — Brooklyn Village South Attention: Mr. Corey Basinger Company: NCDEQ 610 E. Center Avenue, Suite 301 Mooresville, NC 28115 We Are Transmitting: Charlotte Raleigh TRANSMITTAL Tel: 704-663-1699 Fax: Herewith ■ Under Separate Cover Copies Dated Description 2 05/12/21 FTA 04-16 Fast Track Application 1 05/13/21 Application Fee ($480.00) 2 09/29/16 LLC Registration 2 04/19/21 Flow Tracking/Acceptance Form 2 - USGS Map 2 - Aerial Map 2 05/12/21 Developer's Operational Agreement Transmitted Via: ❑ Mail Overnight 0 Courier ® For Approval ❑ For Your Use ❑ Hand Delivery ❑ Pick -Up 0 As Requested ❑ For Review Remarks: The attached documents are submitted for approval of a private gravity sewer extension permit to serve the Brooklyn Village South development in Charlotte, NC. The proposed mixed -use development will include multi -family residential, office, retail, hotel and restaurant uses as itemized in the application. By: cc: R. Todd Fisher, PE Mr. Marshall Giles, RLA — CJS Mr. Monte Ritchey — Conformity Corp. P:\IDItlPDIJ\5e360\ I®rrtspeIdeAtts\2I16\1rammIllals Division of Water Re EIVED/NCDEQ/1 MAY 14 2021 State of North Carolina Department of Environmental Quality Division of Water Resources 1W©I1©S C 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION bSVILLE REGIONAL OFFICE FTA 04-16 & SUPPORTING DOCUMENTATION Application Number:hi 000/ .25 4 (to be completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: RECEIVED/NCDEQ/DWR MAY 14 2021 1. Applicant's name: BK Partners, LLC (company, municipality,HOA utility, etc.) MOORESVILWQROS LE REGIONAL OFFIC 2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ❑ Municipal 3. Signature authority's name: R. Don Peebles per 15A NCAC 02T .0106(b) Title: Managing Member 4. Applicant's mailing address: 5937 Collins Avenue City: Miami State: FL Zip: 33140- 5. Applicant's contact information: Phone number: (305) 993-5050 Email Address: rdpceoApeeblescorp.com II. PROJECT INFORMATION: 1. Project name: Brooklyn Village South 2. Application/Project status: ® Proposed (New Permit) ❑ Other ❑ 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: 35.2169° Longitude: -80.8419° 5. Parcel ID (if applicable): 125-17-101, 125-17-103 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: R. Todd Fisher License Number: 025163 Firm: Bolton & Menk, Inc., d.b.a. ColeJenest & Stone Mailing address: 200 S. Tryon Street, Suite 1400 City: Charlotte State: NC Zip: 28202- Phone number: (704) 376-1555 Email Address: tfisher@colejeneststone.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Sugar Creek WWTP Permit Number: NC0024937 Owner Name: Charlotte Water V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): WQ Downstream (Receiving) Sewer Size: 48 inch System Wide Collection System Permit Number(s) (if applicable): WQCS Owner Name(s): Charlotte Water 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 /IN/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? El Yes LINO ZN/A 4. Origin of wastewater: (check all that apply): ❑ Residential Owned ►1 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)) ❑ Car Wash ® Hotel and/or Motels ❑ Swimming Pool /Clubhouse ❑ Swimming Pool/Filter Backwash ❑ Other (Explain in Attachment) >Is there a Pretreatment Program in effect? El Yes El No 6. Has a flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ® No ➢ If Yes, provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(0) Daily Design Flow 0 No. of Units Flow Residential Apartment 135 gal/unit 646 87,210 GPD Office 25 gal/employee 2,322 58,050 GPD Retail 100 gal/1000 SF 31,300 3,130 GPD Hotel 120 gal/room 150 18,000 GPD Restaurant 40 gal/seat 1,566 62,640 GPD gal/ GPD Total 229,030 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.0114] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 229,030 GPD (per I5A 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: Cl Rehabilitation or replacement of existing sewer with no new flow expected ❑ Other (Explain): FORM: FTA 04-16 Page 2 of 5 VI1. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 428 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)(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 24 inches Storm sewers and other utilities not listed below (vertical) 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 ➢ l5A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. ➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage ➢ If noncompliance with 02T.0305(f) or (g), see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ❑ Yes ❑ No ® N/A ➢ See the Division's draft separation requirements for situations where separation cannot be meet ➢ No variance is required if the alternative design criteria specified is utilized in design and construction ➢ 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 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes ❑ No Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 6. Does this project include any sewer collection lines that are deemed "high -priority?" Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer. ❑ Yes ® No ❑ N/A ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit. FORM: FTA 04-16 Page 4 of 5 X. CERTIFICATIONS: 1. Does the submitted system comply with I5A 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 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, Ie. 'tc Y) (Professional Engineer'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 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 15A NCAC 02T .0106(b): 1 R. Donahue Peebles .°°°a4aaQian, • CAriOi °��ESSI c• z- sEN- • 025163 Q.e sa "GIN��° • i0raeaaa9tso°� �2•Z\ 4 (Signature Authority's name & title from Application Item I.3.) attest that 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 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 $1 0 Q as well as civil penalties up to $25,000 per violation. Signature: Date: 5/12/21 FORM: FTA 04-16 Page 5 of 5 STATE OF NORTH CAROLINA COUNTY OF Mecklenburg Permit No. ►N 6)00Lt�5t-f DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 12 day of May, 2021 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and BK Partners, LLC , 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 Mecklenburg County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Brooklyn Village South (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, Brooklyn Village Property Owner's Association (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 peiinit 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 a permit has been reissued to the DEVELOPER's successor. unnnM/. n2 10 v 1 , �� 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 BK Partners, LLC MANAGEMENT COMMISSION Nam S. Daniel Smith (Signture) Director, Division of Water Resources R. Donahue Peebles, Managing Member Print Name and Title 5/12/21 (Date) (Date) t'nDT ,r. T\E'\T n/ 1II ECEIVED/NCDEQ/DWR • MAY 1 4 2021 MOORESVILWQFIOS LE REGIONAL OF State of North Carolina 'intent of the Secretory of State SOSID: 1546585 Date Filed: 9/29/2016 9:54:00 AM Elaine F. Marshall North Carolina Secretary of State C2016 256 00801 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57D•7-03 of the General Statutes of North Carolina. the undersigned limited liability company hereby applies fur a Certificate of Authority to transact business in the State of North Carolina, and ibr that purpose submits the following: I. The mane ol'the limited liability company is BK Partners, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is BK Partners (Delaware), LLC 2. The state or country tinder whose laws the limited liability company was timed is Delaware 3. Principal office inturntation: (Select either a or h.) a. a The limited liability company has a principal office. 1'he principal once telephone number 212.355.1655 The street address and county of the principal office of the ihnited liability company is: Number and Street: 745 Fifth Avenue Suite 1610 New York NY 10151 New York City: _._... State: Yip Code:County: The mailing address, if different front the street undress. of the principal office of the corporation is: Number and Street: City: .._................._...._____ _ _ State: Zip Code:� County: b. ❑ The limited liability company does nut have a principal elite:. 4. The name of the registered agent in the State of North Carolina is: Corporation Service Company 5. The street address and county of the registered agent's office in the State of North Carolina is: Number and Street:327 Hillsborough Street City: Raleigh State: NC: Zip Code: 2780:i County: Wake 6. The North Carolina mailing address, if different from the street address, of the registered agent's office in the State of North Carolina is: Number and Street: City= State: NC Zip Code:County: CORPORATIONS DIVISION P.O. BOX 29622 RALEIGI•f, NC 27626.0622 ('li viscd January 2014) (Form 1.-091 APPLICATION FOR CERTIFICATE OF AUTHORITY I'age 2. 7. The names, titles. and usual business addresses of the current company officials of the limited liability company are: (use attachment if necessary) Name and 77de R. Donahue Peebles - Managing Member Gregory P. Cola - Managing Member Business Address 745 Fifth Avenue, Suite 1610, New York, NY 10151 745 Fifth Avenue, Suite 1610, New York, NY 10151 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence mush be less than six months old. A photocopy of the certification cannot be accepted. 9. If the limited liability company is required to use a fictitious name is order to transact business in this State, a copy of the resolutIca o of its ntanaeers adopting the fictitious name is attached 10. (Optional): Please provide a business e-mail address: "Elie Secretary of'State's Office will e-mail the business automatic.Ily at the address provided above at no cost when a document is filed. The e-mail provided will not he viewable on the wehsite. For more information on why this service is offered, please see the instructions for this document. Privacy Redaction 11. This application will be effective upon filing, unless a delayed date and/or time is specified: This the 12 day of September 10 16 BK Partners, LLC Vanlc' u;' hJ111i)i'd 1,Ii111 tt't r)R! 1 Sr, {tlz:►lr.J =!1 C rimp /ov 011i rretl Gregory P. Cola - Managing Member Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION (Revised January 2014) Type or Print Name and Tide P.O. BOX 2962:. RAI,EIGIi, \C 27626-0622 (Fbrnr L-09) elaware The First: State Page 1 I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "BK PARTNERS, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AN1) IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE NINTH DAY OF SEPTEMBER, A.D. 2016. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "BK PARTNERS, LLC" WAS FORMED ON THE SECOND DAY OF SEPTEMBER, A.D. 2016. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL FRANCHISE TAXES HAVE BEEN ASSESSED TO DATE. 6140432 8300 SR# 20165719704 You may verify this certificate online at corp.delaware.gov/authver.shtml Authentication: 202964703 Date: 09-09-16 RESOLUTION OF FOREIGN LIMITED LIABILITY COMPANY (LLC) BK Partners. LLC ADOPTING A FICTITIOUS NAME WHEREAS, N.C.G.S. §55D-22(a)(6) requires a fictitious name to he used by a foreign LLC to transact businessor conduct affairs in North Carolina Wits legal name is unavailable in North Carolina: and BK Partners, LLC WHEREAS, the name _ Records ofthe North Carolina Secretary of State's Office: and is unavailable on the WHEREAS, all members of the LLC named above have agreed to use the fictitious name of , BK Partners (Delaware), LLC when transacting or conducting business in North Carolina: THEREFORE, BE IT RESOLVED, that BK Partners, LLC . a limited liability company organized under the laws ot'thc state or country of BK Partners (Delaware), LLC adopts the fictitious name under which it shall operate in North Carolina. Certification: Gregory Cola BK Partners. LLC Delaware . company official of , certify that the foregoing resolution was duly 21 adopted by said limited liability company according to N.C.G.S. 07D-3-03 on the day of September .2016 . l his the26 day of September 2()16 r.rc at (ORYUItA'IIONS UI\'ISION llic risrd ittnu rrr, ?Ol al /�J Company Official I'. O. Nl1N 29h22 RAI.CI(it1.Nt 27620.0622 i(brur CHARLOTTE April 19, 2021 Mr. Robert Hayes ColeJenest & Stone, P.A. 200 South Tryon Street Suite 1400 Charlotte, NC 28202 RECEIVED/NCDEQ/Di,,, MAY 142021 MOORESVILLE R ISONALOF Flck SUBJECT: WATER AND SEWER FLOW ACCEPTANCE BROOKLYN VILLAGE SOUTH 800 STONEWALL STREET, CHARLOTTE, NC 28202 CLTWATER TRACKING# 20211450 After an analysis of the sanitary sewer associated with the proposed design of project, 20211450, BROOKLYN VILLAGE SOUTH, it was determined that there is sufficient capacity to accommodate the proposed sewer flow of 229,030 gallons per day (646 units x 135 gpd/unit; 1,566 seats x 40 gpd/seat; 31,300 sf x 100 gpd/1,000 sf; 2,322 emp x 25 gpd/emp; 150 rooms x 120 gpd/room) at the connection point(s) indicated on the submitted utility plan for transmission to the Sugar Creek Wastewater Treatment Plant; NPDES permit number NC0024937, 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, wilte,rww- Awzo-Ca Guillermo Anzola Engineering Assistant Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org tR 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: ColeJenest & Stone, PA Project Name for which flow is being requested: Brooklyn Village South (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 10.212 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 74.925 0.22903 85.137 86.0% 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): Unknown Downstream Permit Number: Unknown Page 1 of 6 FTSE 10-18 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. Signing Official Signature Chief Engineer Title of Signing Official 4/7/2021 Date Page 2 of 6 FTSE 10-18 PLANNING ASSESSMENT ADDENDUM (PAA) Submit a planning assessment addendum for each pump station listed in Section II where Available Capacity is < 0. Pump Station (Name or Number): Given that: a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for % and MGD of the Available Capacity (E) in Pump Station ; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately MGD per year; and that c. A funded Capital Project that will provide the required planned capacity, namely is in design or under construction with planned completion in ; and/or d. The following applies: Therefore: Given reasonably expected conditions and planning infoiivation, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. I understand that this does not relieve the collection system owner from complying with G.S. 143- 215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal system. Signing Official Signature Date Page 3 of 6 FTSE 10-18 Instructions for Flow Tracking form (FTSE) and Planning Assessment Addendum (PAA) Section I a. WWTP Facility Name: Enter the name of the WWTP that will receive the wastewater flow. b. WWTP Facility Permit #: Enter the NPDES or Non -Discharge number for the WWTP receiving the wastewater flow. c. WWTP facility's permitted flow, MGD: From WWTP owner's NPDES or Non -Discharge permit. d. Estimated obligated flow not yet tributary to the WWTP, MGD: This includes flows allocated to other construction projects not yet contributing flow to the collection system. Flows allocated through interlocal agreements or other contracts not yet contributing flow to the collection system are also included. For POTWs that implement a pretreatment program, include flows allocated to industrial users who may not be using all of their flow allocation. Please contact your Pretreatment Coordinator for information on industrial flow tributary to your WWTP. As of January 15, 2008 the POTW should have reviewed flow allocations made over the last two years and reconciled their flow records, to the best of their ability, so it is known how much flow has been obligated and is not yet been made tributary to the WWTP, in accordance with local policies and procedures employed by the reporting entity. e. WWTP facility's actual avg. flow, MGD: Previous 12 month average. f. Total flow for this specific request, MGD: Enter the requested flow volume. g. Total actual and obligated flows to the facility, MGD Equals [d + e + f] h. Percent of permitted flow used: Equals [(g / c)*100] For example: On January 15 a POTW with a permitted flow of 6.0 MGD, reported to the Regional Office that there is 0.5 MGD of flow that is obligated but not yet tributary. The annual average flow for 2007 is 2.7 MGD. There is a proposed flow expansion of 0.015 MGD. The first Form FTSE submitted after January 15, 2008 may have numbers like this: c. = 6.0 MGD d. = 0.5 MGD e. = 2.7 MGD f. = 0.015 MGD g. = 3.215 MGD h. = 53.6 % The next Form FTSE may be updated like this with a proposed flow expansion of 0.102 MGD: c. = 6.0 MGD d. = 0.515 MGD e. = 2.73 MGD f. = 0.102 MGD g. = 3.349 MGD h. = 55.8% Each subsequent FTSE form will be updated in the same manner. Page 4 of 6 FTSE 10-18 Section II List the pump station name or number and approximate pump station firm capacity, approximate design average daily flow (A) approximate current average daily flow (B), and the obligated, not yet tributary flow through the pump station (C) for each pump station that will be impacted by the proposed sewer extension project. Calculate the total current flow plus obligated flow (D=B+C) and the available capacity (E=A-D). Include the proposed flow for this project with other obligated flows that have been approved for the pump station but are not yet tributary (C). Firm capacity is the maximum pumped flow that can be achieved with the largest pump out of service as per the Minimum Design Criteria. Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) of not less than 2.5. If the available capacity (E) for any pump station is < 0, then prepare a planning assessment for that pump station if the system has future specific plans related to capacity that should be considered in the permitting process. (A) (B) Design Firm Average Pump Station Capacity Daily Flow (Name or Number) MGD (Firm / pf) Kaw Creek PS Valley Road PS 0.800 0.320 Approx. Current Avg. Daily Flow, MGD (C) (D)=(B+C) (E)=(A-D) Obligated, Not Yet Total Current Tributary Flow Plus Daily Flow, Obligated Available MGD Flow Capacity* 0.252 0.080 0.332 -0.012 1.895 0.758 0.472 0.135 0.607 0.151 Page 5 of 6 FTSE 10-18 Planning Assessment Addendum Instructions Submit a planning assessment addendum for each pump station listed in Section II where available capacity is < 0. A planning assessment for Kaw Creek PS (see example data above) may be performed to evaluate whether there is significant likelihood that needed improvements or reductions in obligated flows will be in place prior to activating the flows from the proposed sewer extension project. If the system decides to accept the flow based on a planning assessment addendum, it is responsible to manage the flow without capacity related sanitary overflows and must take all steps necessary to complete the project or control the rate of flow to prevent sanitary sewer overflows. The planning assessment may identify a funded project currently in design or construction, or a planned project in the future not yet funded but in a formal plan adopted by the system. The system should carefully weigh the certainty of successful timely project completion for any expansion, flow management diversion or infiltration and inflow elimination projects that are the foundation of a planned solution to capacity tracking and acceptance compliance. For example: Given that: a. The proportion and amount of obligated, not yet tributary flow accounts for 24 % and 0.080 MGD of the committed flow in Pump Station Kaw Creek; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately 0.01 MGD per year; and that c. A funded capital project that will provide the required planned capacity, namely is in design or under construction with planned completion in ; and/or d. The following applies: The master plan and ten year capital plan contain recommended scope and funding for a capital project entitled Kaw Creek Pump Station upgrade with funding planned in July 2014. This project is planned to add 0.100 MGD to the firm capacity of the pump station by October 2015. Inclusion of this proposed capital project as a condition of this Flow Tracking/Acceptance for Sewer Extension Permit Application elevates this project's priority for funding and construction to be implemented ahead of the activation of obligated, not yet tributary flows in amounts that exceed the firm pump station capacities identified in Section II above. Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. Page 6 of 6 FTSE 10-18 Johnson North Pinewood Cem _tee Polaris 3G Map — Mecklenburg County, North Carolina 700 East Stonewall Street Date Printed: 5/10/2021 11:10:52 AM ap or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. CHARLOTTE April 19, 2021 Mr. Robert Hayes ColeJenest & Stone, P.A. 200 South Tryon Street Suite 1400 Charlotte, NC 28202 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE BROOKLYN VILLAGE SOUTH 800 STONEWALL STREET, CHARLOTTE, NC 28202 CLTWATER TRACKING# 20211450 RECEIVED/NCDEQ/DWR MAY I4M I MOORESVILWCIRS LE REGIONAL OFFICE After an analysis of the sanitary sewer associated with the proposed design of project, 20211450, BROOKLYN VILLAGE SOUTH, it was determined that there is sufficient capacity to accommodate the proposed sewer flow of 229,030 gallons per day (646 units x 135 gpd/unit; 1,566 seats x 40 gpd/seat; 31,300 sf x 100 gpd/1,000 sf; 2,322 emp x 25 gpd/emp; 150 rooms x 120 gpd/room) at the connection point(s) indicated on the submitted utility plan for transmission to the Sugar Creek Wastewater Treatment Plant; NPDES permit number NC0024937, 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, Gwili rww- Awzo{,a Guillermo Anzola Engineering Assistant Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org e!! Operated by the City of Charlotte of Water Re State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: ColeJenest & Stone, PA Project Name for which flow is being requested: Brooklyn Village South (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, N00024945, NC0024937 All flows are in MGD c. WWTP facility's permitted flow 99.00 d. Estimated obligated flow not yet tributary to the WWTP 10.212 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 74.925 0.22903 85.137 86.0% II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) (B) (C) (D)=(B+C) (E)=(A-D) Design Obligated, Pump Pump Average Approx. Not Yet Total Current Station Station Firm Daily Flow** Current Tributary Flow Plus (Name or Permit Capacity, * (Firm / p f), Avg. Daily Daily Flow, Obligated Available Number) No. MGD MGD Flow, MGD MGD Flow Capacity*** * The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): Unknown Downstream Permit Number: Unknown Page 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 perfoiiiied 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 faun certifies that the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater. 4/7/2021 Signing Official Signature Date Chief Engineer Title of Signing Official Page 2 of 6 FTSE 10-18 PLANNING ASSESSMENT ADDENDUM (PAA) Submit a planning assessment addendum for each pump station listed in Section II where Available Capacity is < 0. Pump Station (Name or Number): Given that: a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for % and MGD of the Available Capacity (E) in Pump Station ; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately MGD per year; and that c. A funded Capital Project that will provide the required planned capacity, namely is in design or under construction with planned completion in ; and/or d. The following applies: Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. I understand that this does not relieve the collection system owner from complying with G.S. 143- 215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal system. Signing Official Signature Date Page 3 of 6 FTSE 10-18 Instructions for Flow Tracking form (FTSE) and Planning Assessment Addendum (PAA) Section I a. WWTP Facility Name: Enter the name of the WWTP that will receive the wastewater flow. b. WWTP Facility Permit #: Enter the NPDES or Non -Discharge number for the WWTP receiving the wastewater flow. c. WWTP facility's permitted flow, MGD: From WWTP owner's NPDES or Non -Discharge permit. d. Estimated obligated flow not yet tributary to the WWTP, MGD: This includes flows allocated to other construction projects not yet contributing flow to the collection system. Flows allocated through interlocal agreements or other contracts not yet contributing flow to the collection system are also included. For POTWs that implement a pretreatment program, include flows allocated to industrial users who may not be using all of their flow allocation. Please contact your Pretreatment Coordinator for information on industrial flow tributary to your WWTP. As of January 15, 2008 the POTW should have reviewed flow allocations made over the last two years and reconciled their flow records, to the best of their ability, so it is known how much flow has been obligated and is not yet been made tributary to the WWTP, in accordance with local policies and procedures employed by the reporting entity. e. WWTP facility's actual avg. flow, MGD: Previous 12 month average. f. Total flow for this specific request, MGD: Enter the requested flow volume. g. Total actual and obligated flows to the facility, MGD Equals [d + e + f] h. Percent of permitted flow used: Equals [(g / c)*100] For example: On January 15 a POTW with a permitted flow of 6.0 MGD, reported to the Regional Office that there is 0.5 MGD of flow that is obligated but not yet tributary. The annual average flow for 2007 is 2.7 MGD. There is a proposed flow expansion of 0.015 MGD. The first Form FTSE submitted after January 15, 2008 may have numbers like this: c. = 6.0 MGD d. = 0.5 MGD e. = 2.7 MGD f. = 0.015MGD g. = 3.215 MGD h. = 53.6 % The next Form FTSE may be updated like this with a proposed flow expansion of 0.102 MGD: c. = 6.0 MGD d. = 0.515 MGD e. = 2.73 MGD f. = 0.102 MGD g. = 3.349 MGD h. = 55.8% Each subsequent FTSE form will be updated in the same manner. Page 4 of 6 FTSE 10-18 Section II List the pump station name or number and approximate pump station firm capacity, approximate design average daily flow (A) approximate current average daily flow (B), and the obligated, not yet tributary flow through the pump station (C) for each pump station that will be impacted by the proposed sewer extension project. Calculate the total current flow plus obligated flow (D=B+C) and the available capacity (E=A-D). Include the proposed flow for this project with other obligated flows that have been approved for the pump station but are not yet tributary (C). Firm capacity is the maximum pumped flow that can be achieved with the largest pump out of service as per the Minimum Design Criteria. Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) of not less than 2.5. If the available capacity (E) for any pump station is < 0, then prepare a planning assessment for that pump station if the system has future specific plans related to capacity that should be considered in the permitting process. Firm Pump Station Capacity (Name or Number) MGD Kaw Creek PS 0.800 Valley Road PS 1.895 (A) (B) Design Average Daily Flow (Firm / pf) 0.320 Approx. Current Avg. Daily Flow, MGD 0.252 0.758 0.472 (C) (D)=(B+C) (E)=(A-D) Obligated, Not Yet Total Current Tributary Flow Plus Daily Flow, Obligated Available MGD Flow Capacity* 0.080 0.332 -0.012 0.135 0.607 0.151 Page 5 of 6 FTSE 10-18 Planning Assessment Addendum Instructions Submit a planning assessment addendum for each pump station listed in Section II where available capacity is < 0. A planning assessment for Kaw Creek PS (see example data above) may be performed to evaluate whether there is significant likelihood that needed improvements or reductions in obligated flows will be in place prior to activating the flows from the proposed sewer extension project. If the system decides to accept the flow based on a planning assessment addendum, it is responsible to manage the flow without capacity related sanitary overflows and must take all steps necessary to complete the project or control the rate of flow to prevent sanitary sewer overflows. The planning assessment may identify a funded project currently in design or construction, or a planned project in the future not yet funded but in a formal plan adopted by the system. The system should carefully weigh the certainty of successful timely project completion for any expansion, flow management diversion or infiltration and inflow elimination projects that are the foundation of a planned solution to capacity tracking and acceptance compliance. For example: Given that: a. The proportion and amount of obligated, not yet tributary flow accounts for 24 % and 0.080 MGD of the committed flow in Pump Station Kaw Creek; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately 0.01 MGD per year; and that c. A funded capital project that will provide the required planned capacity, namely is in design or under construction with planned completion in ; and/or d. The following applies: The master plan and ten year capital plan contain recommended scope and funding for a capital project entitled Kaw Creek Pump Station upgrade with funding planned in July 2014. This project is planned to add 0.100 MGD to the firm capacity of the pump station by October 2015. Inclusion of this proposed capital project as a condition of this Flow Tracking/Acceptance for Sewer Extension Permit Application elevates this project's priority for funding and construction to be implemented ahead of the activation of obligated, not yet tributary flows in amounts that exceed the firm pump station capacities identified in Section II above. Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. Page 6 of 6 FTSE 10-18