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HomeMy WebLinkAboutWQ0033472_Regional Office Historical File Pre 2018Water Resources ENVIRONMENTAL C uAu ry April 11, 2016 David Hensley, V.P. of Acquisitions and Land Development LGI Homes - NC, LLC 3037 Sherman Drive Lancaster, SC 29720 Subject: Permit No. WQ0033472 LGI Homes -NC, LLC H&H Site Wastewater Collection System Extension Permit Dear Mr. Hensley: PAT MCCR RY DONALD R. V N DER VA, S. JAY ZIMi tf RMA;N In accordance with your application received March 16, 2016, we are forwarding herewith Permit No. WQ0033472, dated April 11, 2016, to LGI Homes -NC, LLC (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0033472 issued October 8, 2006, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Modification is a result of the change of ownership from the 1330 East 4th Street, LLC to LGI Homes — NC, LLC and LGI Horses — NC, LLC is now the Permittee. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition I1.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee, It shall be responsibility of the Permittee to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-21.5,6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Stale of North Carolina I I ii Irunmcntal Quality i Water Rc9o1.4rces 161.7 Mil Service Center Raleigh, North (. aeolina. 27699-1611 919 807 6300 L 1 Homes mm NC, LLc Permit No, W(10033472 If any parts, requirements, or limitations contained in this pen aait are unacceptable, you have the right to request an adjudicator hearing upon written request within SD days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,, NC 27699µ67'1 . Unless such demands are made, this permit shall be final and binding. if you need additional information concerning this ,natter, please contact Michael Leggett at (919 87_ 6312 or via e-mail at michaei.leggett ncdenr.gov Sincerely, or S. Jay Zimmerman, P.O. Director, Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response, Collection System Unit enclosure: Operational Agreernerat Mri Chris Granelli, Vice President 1330 East 4th Street, LC 1012 Shippon Lane, Waxhaw NC 28173 Steve Wilson, PE — Landworks Design Group, PA (swilson@landworks a.com) Mooresville Regional Office, Water Quality Section Regional Operations Water Resources Central Files: WQ0033472 PERCS (electronic copy) Page 2of9 Environmental Quality WASTE ATER CC LLECTIf)N SYSTEM EXTENSION PER IT In accordance with the larovisions of Article 21 of Chapter 143, Cenerai Statutes of North Carolina as amended, and other applicable Laws, Roles, and Regulations, perriission i hereby granted to C1 Homes - NC, E1_C for the construction and operation of approximately 3,110 linear feet of -inch gravity sewer; to serve 54 single family residential units as part of the I -I fl Site project, and the discharge of 1 , 4gallons per day of collected domestic wastewater Into the City of Gastonia's existing sewerage system, pursuant to the application received March 16, 2016 and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit,; Modification is a result of the change of ownership from the 1 0 East 4th Street, i C to L I Homes — NC, , EEC and E l Homes -- NC, FIX is now the P rrrrittee. This permit shall be effective from the date of issuance Stint 1 rescinded, sha[i void Perrnit No. i ()(.)0 4 2 issued October 16, 2008, and shall be subject to the conditions and limitations as specified therein. or S. Jay irnmerrnan, P.f Director, Division of dater Resources By Authority of The Environmental Ivlanagerraent Cornission Permit Number: WQ0033472 Permit Issued: Aril 11, 201 Treatment Facility: Long Creek fF NC0020184) 4 Page of 9 SUPPLEMENT TO IT SHEET The Per tree is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension.. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance Conditions identified below; SPECIAL CONDITIONS Standard Conditions and any Special This permit shall become voidable unless the agreement between 1GI Ho es - NC, LLC and The Town of Ranlo and City of Gastonia the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)) No flow in excess of the quantity permitted herein, 19,440, shall be made tributary to the subject sewer system until an application for permit modification for an increase in flow has been submitted to and approved by the Division. [1 A NCAC O2T.0304(b) The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143 215.6A to 143-215.£C for violation of or failure to actin accordance with the terms and conditions of this permit. [15A NCAC 02T 0115] Page4.+ If. STANDARD CONDITIONS 1. This permit shall not be transferable, In the event theme is o desire for1he wastewater collection facilities to change ownership, or there is a name change of the PenolNLee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered nnits merits and may ormay not beapproved, [26A0CACO2T.0104;Gl143-2151(d})] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15& N[4[ 2T| the Division's Gravity Sower Minimum Design Criteria adopted February 12, l996nsapplicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations arid Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15ANCACO2T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. /15ANCA[02T.0110] 4. The wastewater collection facilities shall he properly maintained and operated at all times. The Pnmnitieo shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by I5A NCAC 2T .0401 if an individual permit is not required, the following performance criteria shall be nnet- [15A NCAC 2T .0108(b)) a. The sewer system shall be effectively maintained and operated atall times to prevent discharge to land or surface waters' and to prevent any contravention of groundwater standards or Surface water standards, b, A map of the sewer system shall be developed and shall be actively maintained, c. Anoperation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 36Sdays per year). Pump stations that are connected toatelemetry system shall beinspected atleast once per week. e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are documented, , A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-Z1S1[. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and Page 5 of 9 the legal means torequire greaseinterceptors atexisting establishments, The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems, Z. For privately owned collection systems, the Grease Control Program shall include at least bi' annua| distribution of grease education materials to users of the collection system by the permitteenrits representative. 3. Grease education materials shall bedistributed more often than required in Parts (1)and /J> ofthis Subparagraph if necessary to prevent grease -related sanitary sewer overflows, i Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall he kept for Subparagraphs (o) through 0 of this Rule fora minimum of three years with exception of the map, which shall be maintained for the life of the systern. S. Noncompliance Notification - The Pennittee shall report by telephone to a water resources staff member atthe Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage o/breakage, etc.; or b. Any 650and/or spill over 1,OUOgallons; or c. Any S50 and/or spill, regardless Of Volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division ofEmergency Management at telephone number (800) 858-0360 or /919\ 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing arid submitting Part | of Form CS-G3U (or the most current Division approved form) within five days following first knowledge ofthe occurrence. This report must outline the actions taken orproposed to be taken to ensure that the problem does not recur, Part U of Form CS-5SU (or the most current Division approved hcnn) can also be completed to show that the SSO was beyond control. [G.S. I43- & Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface `vxteo of the State. [15A NCACUZT.01O0(h)] 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be swbmiUud with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the support|ng documents are provided as applicable, Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Pcrmitteetoappropriate enforcement actions. Page 6 of 9 If the permit is issued to a private entity with an Operational Agreement, then a copy ofthe Articles of incorporation, Dec |aration s/Comanonty/Restzinthmns, and Bylaws that have been appropriately filed with the app|icab[eCmuntV's Register ofDeeds office shall be submitted with the certification. Acomp|cte certification is one where the fnnn bfully executed and the supporting documents are provided asapplicable, Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear onthe plans orondigital media(CDmrQVDdisk)andarrdcfinmdasthedeshgndmwings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc, b. Changes to the project that du not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form, Prior toCertification (Final orPartia|): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of ]Q% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of cnnnccdons),regulations, orthe MinimonnDesign Criteria. Requested modifications orvariances to the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its own merit. Please note that variances to the Minimum Design [rite/iaohoo|d be requested and approved during the permitting process prior to construction. A[tepconstroctinnnpqoests are discouraged by the Division and may not beapproved, thus requiring replacement or repair prior incertification & activation. [15A0CA[02T.0116] 8. Gravity sewers installed greater than ten percent below the minbnom required dope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, aslope variance can berequested from the Division with firm' suppo/bn&dVcumentation. This shall bedone through apermit modification with fee. Such variance requests will beevaluated on a case -by -case bao|s. Resolution of such request shall be evident prior to completing and submitting the construction certification. [15AN[ACO2T.0I85(n)] §. Acopy ofthe construction record drawings shall be maintained on @e by the Pennittee for the life ofthe wastewater collection facilities. [15ANCACO2T.0115] lU. Failure to abide by the conditions and limitations contained in this permit; I5A N[#[ 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting ofPump Station and Force Mains adopted ]mnc l, 2000 as applicable; and other supporting materials may subject the Pn/rnittoe to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215,6A through §143'2I5.6[, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. [15A Page 7 of 9 In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take ediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 0 .T. 108(b)] 12. The issuance of this permit shah not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposedby the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State, of Local government agencies, [G..14-5.1[b)] Page 8 of ENGINEERING CERTIFICATION Permit No: WQ0033472. Project: H&H Site Issue Date: April 11, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation, which includes: • One copy of the project construction record drawings (plan & profile views of sewer Fines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. Permit modifications are required for any changes resulting in non-compliance with this permit. A detailed description for partial certifications should be attached to this form along with any certification comments. Certification should be submitted in a manner that documents the Division's receipt. The Permittee is responsible for tracking all partial certifications up until a final certification is received. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEERS CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (I periodically, © weekly, [1 full time) the construction of the project name and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: approximately 3,110 linear feet of 8-inch gravity sewer; to serve 54 single family residential units as part of the H&H Site project, and in conformity with the project plans, specifications, supporting documents, and design criteria subsequently filed and approved. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. North Carolina Professional Engineer's Seal w/signature & date: Final © Partial (include description Send the Completed Form & Supporting Documentation to the Following Address: DWR WATER QUALITY PERMITTING SECTION WASTEWATER BRANCH — PERCS UNIT 1617 Mail Service Center Raleigh, NC 27699 STATE OF NORTH CAROLINA COUNTY *OF Gaston Permit No WO co 33 117 z Of March, 2016, by and between the North Carolina Environmental Managetnent Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and LGI Homes -NC, LLC, a corporation/general partnership registered/licensed, to do business in the State of North Carolina, hereinafter known as the DEVELOPER,. WITNESSETH: OPERATIONAL. AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this7th day 1 The DEVELOPER is the owner of the certain lands lying in Gaston County, upon which it is, erecting and will erect dwelling units and other improvements, said development to be known as If& H Site (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 perrnit 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. 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, the Unit 0WrietST 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 and repair. 6. The COMMISSION desires to assure that the .Disposal System of the Development is properly constructed, maintained and operated in accordance with law and .permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specificationshereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law, 2 The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities„In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a pen -nit has been reissued to the DEVELOPER's successor. FORM: DEV 01-15 Page 1 of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are -part of the common elements and shall thereafter be properly' maintained and. operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the col -ninon expenses. Such hind 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 may.require 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 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 a permit. 9. The agreements set forth in numbered paragraphs I, 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 M4AGEMENT COMMISSION t.lay Zimmerman, Director Division of Water Resources Name of DEVELOPER FORM: DEV 01-15 Page 2 of 2 i-1 H 5' Fast Track Engineering Certif Permit No. WQ0033472 October 16, 2008 Owner/ WQCS Chris Grarielli, VP 1330 East er Street. LLC 7301 Carmel Executive Park, Ste 102 Charlotte, NC 28226 ication PE Steven Wilson Landworks Design Group, PA 8016 Tower Point Drive, Suite 110 Charlotte, NC 28227 WWTPANQCS Matt Bernhardt City of Gastonia 1300 N. Broad St. Po Box 1748 Gastonia, NC 28053 Complete and submit this, form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • Supporting design calculations (seiected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit mogifications are r d for ..han resul -compliance with this oermit, regulations minimum design cri la. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting ,documentation have been received by the Division. Therefore, it Is highly recommended that this certification be sent in a manner that provides proof of receipt by the DiviSion, ENGINEER'S CERTIFICATION Partial 1 Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe eriodCaIIy 0 weekly, Ej full time) the construction of H & H Sites, a Gaston County project for the Permittee, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable: the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable: and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS MOORESVILLE REGIONAL OFFICE SURFACE WATER PROTECTION 610 EAST CENTER AVENUE, SUITE 301 MOORESVILLE NC 28115 The Permittee is responsible for tracking all partial certifications up until a final certification is received, Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions, too /7)---IrD ,iff 631\ Pr Design Group, P. e Avenue, Suite e, NC 2 226 Trans Date: 10/21/14 To: NCDENR — Marcia All cn Address: 1 East Center Ave Mooresville, NC oodside;and H H Sites 07031 Re: Proi.# Via: Fed Ex Ground For Approval For Review For Review & Comm nt Copies 1 Date 8/ 8/1 i 9/4/14 Telephone: O4-8414 Facsimile, 1O4- 411604 As Requested 1 Returned for Corrections Approved as Submitted Resubmit Copies for Approval Approved as Noted Submit Copies for Distribution Description As built suer and water plans — sheets AB-0,1 and Sewer certification Remarks: For rb'ect VV 0033472 and ti00 0052. Enclosed are hard copies of the digital files emaled to voon 10/15/14 From: teve'a icon c: Water Resources Environmental Quality May 8, 2017 Mr. David. Hensley, V.P. of Acquisitions and Land Development LGI Homes — NC, LLC 3037 Sherman Drive Lancaster, SC 29720 SUBJECT: Final Engineering Certification Acknowledgement Project: H&H Site Permit No. WQ0033472 Perniittee: LGI Homes -NC, LLC County: Gaston Dear Mr. Hensley: ROY COOPER Governor MICHAEL S. REGAN Secretory S. JAY ZIMMERMAN Director The Division of Water Resource's Mooresville Regional Office received the final engineering certification with record drawings for the subject sewer extension project on May 1, 2017. Enclosed is a certification page for your records. A full review of the certification materials may or may not be conducted. It is assumed that receipt of this certification indicates compliance with all regulations, design criteria and the permit. However, if a full technical review is conducted, you will be notified of any items of non-compliance. Please be reminded that the Permittee is responsible for keeping a copy of the final record drawings for the life of the project. If you have not received such copy from your consultant, please contact them immediately to obtain a copy. Lastly, you are receiving this letter because the Division has you listed as the responsible party. If this permitted system is no longer owned by you or your company, please complete Form PNOCF since the permit is not automatically transferable. Form. PNOCF can be downloaded from http://portal.nedenr.org/web/wq/swp/ps/cs/pnoc from the Collection. Systems Applications page. Should you have any questions, please do not hesitate to contact me at (704) 235-2143. Sincerely, Barry Love Environmental Specialist. cc: Steven S. Wilson, P.E., (Landworks Design Group, P.A., 7621 Little Avenue, Suite 1,11, Charlotte, NC 28226) Central Files MRO Nothing coKnpares State of North Carolina 'I Environmental Quality I Water Resources j Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704-663-1699 ENGINEERfl4G CERT1F CATION Pernat WQ00.33472 Project: H&H Site Issue Date: April 11E2016 . OINCDENRIDWR .000 0 This project. shiall not, be considereo comprete nor allowed to pperate accordance with Condition 7 cif this permit until the Division has rec,eived this Certification and ail required supporting, documentation, which includes, • One copy of the project constroction record drawings (plan & profile views of sewer linos & force miiiinsj of the wastewater collection system extension_ Final record drawings should be dear on the plans, or On digital media (CD or OVF disk) and are defined as the design drawings that are mackea up or annotated with after construction information and show required buffers, separation distances, material changes, etc. Permit 1dvvcflror4 RrP reduirea free any changes resulting in non-compliance with this permit: A detailed description for partial certifications should be attached to this form along with any certification comments. Certification shiould be.sillimittied in a manner' that .documents the Division's receipt, The. Permitter! is responsible for tuicking ail partial certifications up tintil a final certification, is recciived, PERMITTEE'SCERrIFICATi9N I, the oridersigned agent for the Permittee, hereby state that this proiect has been constructed pursuant to the applicable standards & requirements the Professional Engineer below his provided .apolicable design/construction information to the Permittee, and the Permitte.e is prepared to ciperi maintain the svasfewater rollect4)El system pernritted herein or portions. thereof, . "t2s4 Printed Noma -Title. v.VPISID Date iii drily registered ProtesiskIMal Engineer in the State of North Carolina, having is( been authorized to observe ( periodically,. Lj weekly, El hall trine) the construction of the project marine and location a,s refere.nceri above fo. thci above Perrnittee hereby 5rate that to the best of my abilities, due care and diligence was resod in the observation of the following construction, approximately 3,110 linear feet Of 8-inch gravity 5e.w of; to .s erve Sid single family residential units as part of the H&H Site project, and in conformity with the projert. plans., sperificatiOnS, Supporting documents. and design criteria subsequently Wed and approved. I certify that the construction of the above referenced project iwas observed to be built within substantial corneliiiince and inte„nt of the ilpproved plans iand specifications. North Carolina Professional Engineerts Seal wlsigniture & date: El Partial (include description) Send the Conip cited Form & Sripporting Documentation to thollowing Addy OWR WATER QUALITY PERMITTING SECTION WASTEWATER BRANCH — PERCS UNIT 1617 Mall Service Center Raleigh, NC 27699 April 7, DesiGroup, Little Avenue, Suite 111 Chad te, NO 28226 7 Barry Love NCDENR — division of Water uality 610 E. Center Avenue Suite 301 Mooresville, NC 115 Telephone: 1 604 Facsimile; -1173 Re. NI1 Ste (Also known asWood side - Phase 7) Gaston County, NC Landworks Project No 16012 Permit No. W00033472 Awilt Certification Dear Mr: Love; Please find enclosed the Engineer s Certification and one set of as -built drawings for the subject protect. This certification covers private sewer from MH-2 to MH-16 serving lots 1-54 of this project. Please do not hesitate to; contact me if you have any further questions or concerns. Sincerely; Landwarks Design Group, P.A. Steven S. ti 'llson, P.E. 12016 601 - H and Wnodsr+ s built sCuff canuns 4 'base blears Celiacodor overLetr r Sewer,c Michael F. Easley., Governor William C. Ross Jr., Secretary North Carolina Department of En rnment and Natural Resources Coleen 11. Sullins, Director Division of Water Qualiry October 16, 2008 Mr. Chris Granelli, Vice President 1330 East 4th Street, LLC 7301 Carmel Executive Park, Ste 102 Charlotte, NC 28226 Subject: Permit No. WQ0033472 H&H Site Wastewater Collection System Extension Gaston County, North Carolina Dear Mr Granelli, In accordance with your application received on October 3, 2008, we are forwarding herewith Permit No, WQ0033472, dated October 16, 2008, to 1330 East 4th Street, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 1) 15A NCAC 2T; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; 3) and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215,6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board, Mooresville Regional Office 610 East Center AveSuite 301 I'vlooresville, NC 28115. Internet, viaarwmcmwaterquatity.eng Customer Service. 1-877-623-.6',748 An Equal OpponunitylAttirrn.ative Action Employer .5.0%:Recyc1ed)10% Pot Consumer Pagel, Phone, (704) 663-1699 Fax: (704) 663-6040 One NorthCaroItri h./Naturally MrGranefli Page 2 October 16, 2008 I accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted for the construction and operation of approximately 3,110 linear feet of 8-inch gravity sewer, and the discharge of 19,440 gallons per day of collected domestic wastewater into the City of Belmont existing sewerage system in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Gastonia VVVVTP (NPDES No, NC0020184) prior to being discharged into the receiving stream. Assessing subsequent impacts to the downstream collection system and treatment facility is the complete responsibility of the City of Gastonia. Gastonia must utilize whatever tracking tools necessary for planning additions of sewer flow in order to maintain compliance with the NPDES and collection system permitted requirements. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215,6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Dee Browder at (704) 663-1699. Sincerely, jOr Coleen H. Sullins cc: Mooresville Regional Office, Gravity Sewer Permit File Steven S. Wilson, Landworks Design Group, PA Surface Water Protection Central Files PERCS NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at ail times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403; The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200 A map of the sewer system shall be developed and shall be actively maintained. An operation and maintenance plan shall be developed and implemented. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. High -priority sewer lines shall be inspected at least once per every six-month period of time. A general observation of the entire sewer system shall be conducted at least once per year. Inspection and maintenance records shall be maintained for a period of at least three years. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C b. c, d. e. f. h. 4, This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T .0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable, 7. A copy of the construction record drawings shall be maintained on file by the Perrnittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. in the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities, 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 28 .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 28 .0200 and 15A NCAC 2H .0500, 11. Noncompliance Notification: The Permittee shall verbally report to a Division of Water Quality employee at the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, e c ; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible, but shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (0 -g or (919) - 0O. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur; Part II of Form - (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Pe this the 1th day of October, 2008, NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COM ISSION Per for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental I Ingerent Commission Nuirthr 1 °Q00 7 FPI Fast TrackEnqineernqCertit Permit No. WQ0033472 October 16, 2008 Owner/ WOGS Chris Granelli, VP 1330 East 4th Street, LLC 7301 Carmel Executive Park, Ste 102 Charlotte, NC 28226 ion PE Steven Wilson Landworks Design Group, PA 8016 Tower Point Drive, Suite 110 Charlotte, NC 28227 WArTPNVQCS Matt Bernhardt City of Gastonia 1300 N. Broad St, Po Box 1748 Gastonia, NC 28053 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. ?rm modifications are re uired for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION Partial Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe periodically, E weekly, I] full time) the construction of H & H Sites, a Gaston County project for the Permittee, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit:, 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS MOORESVILLE REGIONAL OFFICE SURFACE WATER PROTECTION 610 EAST CENTER AVENUE, SUITE 301 MOORESVILLE NC 28115 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. ATE OF NORTH 'CAROLINA COUNTY OEGaston Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 25th day of September, 2008 by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and 1330 East 4th Street, 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 Gaston County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as El & H Site (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 o 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, the H & 11 Site HOA (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re- constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 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 Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration, 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. 2. crIn CI, 7 A,1 in" n- _471 4. he. MALI ,OPER shall provide in the Declaration and„Associat ion Bylaws that the Disposal System and appurtenances thereto are part of the coninon elements and shall theft:alter he properly maintained and operated in conformity with law and the provisions (tribe permit for construction, operation, repair„ tiind maintenance of the systern arid faCitilieti. Yrhe Declaration ;111(1 BylaWS Slad) identify the entire wastewater treatment, collection and disposal system as a cornmon clement which will receive the highest priority or expenditures by the Association except for Federal, State, and local taxes and insuranee, The DEVETOPId, shall provide in the Declaration tin(' iNssociation Bylaws Mat the Disposal System will maintaincil out of the common expenses. In order to assure that there shall be funds readily available to repair. maintain or construct the Disposal System„ he or the routine operation and maintenance expenses, the Deidaration tnd Association Bylaws shall pro' i ide that a fund he created out of the commoii expenses, Such fund shall he separate from the routine MaiatCalatlee funds alloctited for the facility and shall be part of the yearly budget, ( 1 n the event the common expense allocation and separate hind z,ire not adequate Mr the construction. repair„ and IllairnertanCe or the Disposal System, t„he Declaratkin and ,A„ssociation Ih shall pnwide fon r special assessments to cover such necessary costs, lhere shall be no limit on the aniount of such assessments., and the Declaration and Bylaws shall provide that such special assessments can he made as necessary at arty tirrie„ Ir a wastewater collection system and wastewater treatment ti:iindlof disposal facility provided b iny city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become, avaikible to serve the Development, the DEVEL()PER shall take such action as is necessary to cause the ex1 I ii ind future wastewater of the Development to he accepted and discharged into said governmernal system„ and shall convey or transfer as inuch of the Disposal System and such necessary casements ,tis, the governmental unit :may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, sal et) and welfare for the „Association to enter inlet voluntary dissolution without having made adequate provision for the continued proper maintenance., repair and operation of its Disposal System, the DEVI] .0P1iR shall provide in the Association Bylaws that the Association shall not ,enter into voluntary dissolution i)vithout first having transferred its said system and facilities to some person. corporation or other entity acceptable to and approved by the COMMISSR.IN by the issuance of a permit, The agreements set forth in numbered paragraphs I, 2, 3, 4, 5, 6, 7,, and 8 above shall he conditions of any permit issued by the COMMISSION to the DINFIOPER for the constructkin, maintenance, reptin and operation of the Disposal S'stem, 10. A copy of this tignitement shall he tiled at the Register of Deeds in the ( ounty( les) where the Declaration is filed and in the offices of the Secretanif of State of N(irth Carolina with the lArtieles of Incorporation or the Association, IN WI I NI SS WIIERE,Oh this agreement was executed in duplicate originals by the duly autiani/ied representative of the parties hereto on the day and year written as indicated by each ()tithe parties mimed below: FoR 1111 ENVIRONMENTAL 1330 East 4th Street, Lit Name of DEVTI Off EM EN F COMMISSION • ri / Coleen 111. Sullins, Director Division of Water Quality (Signature) Chris ra chi Vice President Print Name and Title 9-25-2008 I Date) Wat.c) USE THE TAB KEY TO MOVE FROM FIELD TO FIELD' Application Number: (to be completed by DWQ) 1. Owner/Permittee: 1 a. 1330 East 4th Street, LLC Full Legal Name (company, municipality, HOA, utility, etc.) • 1 b. Mr. Chris Granelti, Vice President 16.01 Signing Official Name and Title (Please review 15A NCAC 2T .0106 (b) for authorized signing official lc. The legal entity who will own this system is: 0 Individual 0 Federal 0 Municipality 0 State/County 0 Private Partnership 0 Corporation Z Other (specify): LLC O ld. 7301 Carmel Executive Park, Ste. 102 ▪ Mailing Address • lf, NC State O lh, 704-926-3220 li. 704-825-0514 Telephone Facsimile 2. Project (Facility) Information: 2a. H & H Site Brief Project Name (permit will refer to this name) 3. Contact Person: 3a, Steve Wilson, PE. — Landworks Design Group, PA le, Charlotte City 1 g. 28226 1 j, Zip Code cmg@alturagrc4up.net E-mail 2b, Gaston County Where Project is Located Name and Affiliation of Someone Who Can Answer Questions About this Application 3b. 704-841-1604 3c. swilaonlandworkspa.com Phone Number E-mail 1, Project is New 0 Modification (of an existing permit) If Modification, Permit No.: 2. Owner is 0 Public (skip to Item 8(3)) Z Private (go to Item 2(a)) 2a. If private, applicant will be: 2b. If sold, facilities owned by a (must choose one) 0 Retaining Ownership (i.e. store, church, single office, etc.) or 0 Public Utility (Instruction C) 0 Leasing units (lots, townhomes, etc. - skip to item B(3)) Homeowner Assoc./Developer (Instruction D) Selling units (lots, townhomes, etc. - go to item B(26)) 3. City of Gastonia Z Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 2 4a. Long Creek WWTP 4b. NC0020184 WWTF Permit No, Name of WWTF 2 8" 5a, City of Gastonia 5El Gravity 5c. unknown at this time Owner of Downstream Sewer Receivingb' Sewer Size El Force Main Permit # of Downstream Sewer (Instruction E) o 6 The origin of this wastewater is (check all that apply): ILL z co Residential Subdivision LI Apartments/Condominiums Mobile Home Park 0 School O Restaurant 0 Office 0 Retail (Stores, shopping centers) 0 Institution 0 Hospital 0 Church 0 Nursing Home 0 Other (specify): 100 % Domestic/Commercial % Industrial (attach description,) (RO: contact your Regional Office Pretreatment staff) % Other (specify): 7 Volume of wastewater to be allocated or permitted for this particular project: 19,440 gallons per day *Do not include future flows or previously permitted allocations 8. If the permitted flow is zero, indicate why: O Pump Station, Outfall or Interceptor Line where flow will be permitted in subsequent permits that connect to this line O Flow has already been allocated in Permit No. O Rehabilitation or replacement of existing sewer with no new flow expected (see 15A NCAC 02T ,0303 to determine if a permit is required) FTA 2/07_ver2 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2T ,0114 for the value in Item B(7) AND/OR the design flow for line or pump station sizing if a reduced or zero flow is being requested in Item B(7) Values other than that in 15A NCAC 2T .0114 (b) and (c) must be supported with actual water or wastewater use data in accordance with 15A NCAC 2T .0114 (f), 54 Residential Dwelling Units @ 360 GPD = 19,440 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) tr. Length (feet) 3,110 New Gravity or Additional Force Main Gravity C3 1 1 Summary of Pump Stations w/ associated Force Mains to be Permitted (attach additional sheets as necessary) Pump Station Location ID (self chosen - as shown on plans/map for reference) 0 z 0 Design Flow (MGD) Operational Point Power Reliability Option GPM @TDH 1 -permanent generator w/ATS; 2 - portable generator WRITS Force Main Size Force Main Length Pump Station Location ID (self chosen as shown on plans/map for reference Design Flow (MGD) Operational Point Power Reliability Option GPM @TDH 1 - permanent generator MATS; 2 - portable generator w!MTS Force Main Size Force Main Length ce Purnp Station Location ID 0 Design Flow (MGD) (self chosen - as shown on plans/map for reference) Power Reliability Option Operational Point . permanent generator WATS; Force Main Size Force Main Length GPM @TDH 2 - portable generator w/MTS 12. Will the wastewater ow in the proposed sewer lines or pump stations be able to be directed to another treatment facility? El Yes El No If Yes, permit number of 2nd treatment facility (RO - if 'yes" to B,12 please contact the Central Office PERCS Unit) 13. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC Chapter 2T as applicable? El Yes Li No If No, please reference the pertinent minimum design criteria or regulation and indicate why a variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION FTA 1 2/07 ver2 !Pirr .14 Have the following perrttsic,arlltlnatns tseen sutarraied Wetland/Stream Crossings , General Permit ' roe 40iCerbf SedinlentraR r1 n1 Erosion Control Pan? Storrnwater:r 15 Does this project trrclude any high priority lines, manholes)"? These lines will be considered hi Check if Yes. Ll and provide detail Owne:riPen f, Chris Grana/h attest:9aa to the best of my knowledge required ,supporting cfocurnertt returned as incomplete. Note. person who knowingly makes Glass 2 rnnisc ttlaoearr'oe. Whig/. !abort", Wing: 0fficia (Signature of approval Brat' then system car f,raa ec t to hn s erf first°a"?E Yes r_] No (1 NIA .1',Yes No ['NIA FA Yes [] No 0 NIA iSA NCAC 02T .0402 (2)) involve aerial lines, slphoe'as, riori and must be checked once every six rrronths inOn g Official and Project Name) his applicattora tcar° understand that if ad aticarl and attachmen & :M Site has been reviewed by me and isaccurate and t=omph;te equired parts of this application are not completed and that rt all are not included, this application package is subject to being In accordance with North Carolina General Statutes 14.3-215,6A and 143 2'ta„6B any gray ai e sta,Lentiqint, representation, or certification in any application shall he guilty at a fine not to emend $10,000 as well as civil penalties up to $2 ,000 per ENGINEERING DESIGN DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL. OF THIS APPLICATION, THESE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIiT PR<IMITY to TO OTHER UTILITIES, DESIGN CALCULATIONS, ETC, REFER TQ 15A NCAC 02T 0305 Z 0 Professional Engineer's Certification, (Signature of t/ sl r1 Cta sneer and Protect Name) /, Ste en S. Wits arl attest that this applica 1 for H & H .Site „ has been reviewed by roe and is pie • ith the information in the engineerrrrg plans, calculations, and all other supporting docurnentahon to the hest rat" rrry knowledge, I further attest that to the test of my knowledge the proposed design has been prepared in accordance with the applicable regulations,, Gravity Sewer Minimum Design Criteria for Gravity Sewer's adopted February 12„ '1996, and the Minimum Oyesign Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in .racco dance with Division guidance Although other professionals may have developed certain portions of this submittal package, inclusion of these nrat'erials under my signature and se& signifies that 1 have reviewed this material and have judged it to be consistent with the proposed destc• Note: In accordance with NC Genera Statutes 143-215.6A and 143-215,6E3, any^ person who knowingly makes any false statement, representation„ or certification in any application ,shall he guilty of a Cass 2 misdemeanor which may include a fine not to exceed $10,000 gas well as civil penalties up to $25000 per vviolafion. 2a. Steven S. 'Mlsan k"arrsfess'ional Engineer Name 2b. Landworks [)eslgn Group, Pr Engirteerinp Firm 2c 8016 Tower Point Drive, Suite fvlarian°rg Address 2d Charlotte 29 704-84 1fat14 2h, 704-841 '1 Telephone Facsimile 2e*. NC State a 2d 28227 Zip c Permit Number 00033472 Central Files: APS SWP 10/15/0ia Permit Tracking Siiri Program Category Non -discharge Permit Type Fast Track Gravity Sewer Extension, Pump Extensions Primary Reviewer dee.browder Permitted Flow 19440 Fdtltty Facility Name H & H Site Location Address rtei Status In review Version Pens, Pressure Sewer A Project Type New Project Permit Chassifieation Individual Permit Contact Affi'liatin nor Region Mooresville County Gaston Facility Contact Affiliation Owner Name The 1330 East Fourth Street LLC Ongissue 10/16708 Owner Type Non -Government Owner Affiliation Chris Granelli' 7301 Car Charlotte tel Executive Park Dr NC 28226 App Received Draft Initiated 10703 08 Re u ated Activities Subdivision 0rrastev Ater ooliectisar Outf hduled uance Public Notice issue 10/16/08 Adc itiona6 irifornaation requested Pddittonal, ra received Effective Expiration 10/16/08 waterbody Nam Stream index Number Current Class Subbasin Landworks pesigll Group, P.A. 8016 Tower Pont Drive, Suite 110 Charlotte, NC 28227 Memorandum Date: October 1, 2008 To: Dee Browder NCDENR — Division of Water Quality Mooresville Regional Office From: Steven S. Wilson Project: H & H Site Job Number: 07031 Subject: H & H Site — Fast Track. Application Dear Ms. Browder. DWQ- Telephoner 704--1604 Facsimile: 704-841-1173 On behalf of 1330 E. 4th Street, LLC we are submitting an application package for the construction of "H & H Site". Enclosed please find the following for your review and approval: • The original and one copy of the Fast -Track Application form. (FTA 12/07) • One original and two copies of Operational Agreement DEV 02103 • Review fee in the amount of $480 from Landworks Design Group. • Watershed Classification Attachment (Form WACAS-12/07) • Project narrative • Flow Tracking Acceptance (FTSE — 10/07) from Ranlo and Gastonia ► Flow letters from Gastonia and Ranlo • USGS 8.5" x 11" Color Map We look forward to your favorable review and approval of the proposed construction. Should you have any questions or if we may aid in your review, please feel free to contact me at 704.841.1604. Yours very truly, Landworks Design Group, PA. Steven S. Wilson, P.E. /24 2008 1 : 46 7048243423 OF RANLO PAS 2/2 TO N OF RANLO 4 SPENCER MOUNTAIN ROAD GASTONIA, NORTH CA * * LIMA ES , PHONE t7 1 4 FAX 0 04) 924-3423 09/24/2 0 The 47, l td, A ° Chria Irltrncly 301 . wr el atccWi e Park Su to t 2 Charlotte,1 NC 28226 Dear Chris Gri e11i: Subject: }1481 Site The Tom of Panto Ise, The Townof Rank, The gem and to an tat trr ca ,440o ES Perm 2131 . n the Toai . ulomu 1t a nt in, device into the City of Gaatonia's lines and are sent to the City of Gastonia Long Creek W N m NC0020184, The ter used by the Town of Ennio is treated at the City ofGas toni WTP, Water System Number 0T 3 -01 Ch c Tom Cigndinater (704)824-34 State of North Carolina Department of Environment and Natural Resources Division of Water Quality WATERSHED CLASSIFICATION ATTACHMENT (WSCAS-12/07) FOR SEWER SYSTEMS The Division of Water Quality (Division) will not consider this attachment form to be complete unless all the instructions are followed. Failure to follow the instructions or to submit all of the required items will lead to additional application processing and review time. For more information or for an electronic version of this form, visit our web site at: http://h2o.en r. state. nc. usipercs/ INSTRUCTIONS TO THE APPLICANT: A. Attachment Form: I If the entire project area is a minimum of 100 feet from any surface water or wetlands, this classification is NOT necessary. If any portion of the project is within 100 feet of any surface water or wetlands, this form must be completed for the pertinent sections. Do not submit this attachment form for review without a corresponding permit application (Form FTA -12/07) unless requested by the Division. Any changes to this attachment form will result in the application package being returned. B. Prepare the attachment form with the requested information for each portion of the project area that is within 100 feet of a waterbody or wetlands. I Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM WSCAS-12/07 (SEWER SYSTEMS)" to collect the stream classification data. This document is available from our web site at the address shown above or by contacting the appropriate Division of Water Quality regional office. The same Professional Engineer who certified the permit application form should seal this form. Different Professional Engineering seals may be accepted from engineers within the same firm. I Submit an 8.5-inch by 11-inch COLOR copy of a USGS Topographic Map of sufficient scale to identify the entire project area and the closest surface waters. Each map or maps must show the location of the sewer line and pump stations and be of reproducible quality. For instance, the project involves 4 miles of interceptor sewer that traverses over or near several different waterbodies (or counties, basins, etc.). The map should have location ID's for each different waterbody (where the sewer line is within 100 feet of such waterbody) and corresponding classifications should be recorded. C. Include the attachment form and the map portions with the permit application for submittal to the appropriate regional office. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at: ritipilty,ntehfsteteno.ysihtml/rectionejofficesyriL ** SE INSTRUCTIONS DO NOT NEED TO BE SUBMITTED*** INSTRUCTIONS FOR FORM: .7AS-12/07 FORM WSCAS-12/07 WATERSHED CLASSIFICATION ATTACHMENT FOR SEWER SYSTEMS Applicant Nam p Town of Ranlo rofesional Engineer Name Steven S. Wilson Pro ct Name H & H Site Enrinct Firm Name Landworks Design Group, P.A. Location River ID Name of Waterbody1 Coun Basin Site UT to S. Fork Catawba River Gaston Catawba erbody Stream Index No. 29 — (15.5) Waterbody Classification WS-V If unnamed, indicate "unnamed tributary to X", where Xis the named watercdy to which the unnamed tribute 1 certify that as a Registered Professional Engineer in the State of North Carolina that 1 have diligently hallowed the Division's instructions for classifying waterbodies and that the above classifications are inclusive of the stated project, complete and correct to the best of my knowledge and belief. PE Seal, Signature and Date *** END OF FORM WSCAS- (D7 *** FORM: WSCAS-12/07 Page 1. o 6 e, Suite Charlotte,C 2 227 Project Narrative: 0 Telephone. '70 Factimile70 1604 The proposed H & H Site wwil be residential subdivision development ultimately serving 54 total lots. This project will consist of approximately 3,110 LF of '$ sewer which will connect to n existing public sanitary sewer extension, The estimated sewage flow from this project is 19,440 GPDbased on the following calculations; 54 total lots 360 GPD per lot = 19,440 gallons per day, Tate trtV e Gregg,' td ASIR:Chris tGrue. tgb r ett . NC 2.8ated August Dear Chris Grine Subject:"HMI Site 2 ttte I- t1 of Radio can provide 19,4,40 GPD tit; r capacity to e e the proposed j H Site()gated on t t t ter tl Roan Rank), NC, Shoutd youhave any questions pleas do rat Thank y Chu TomAgin' r i tr tor t c rtct me ati$04) 8ry t Great Place. sf"eitPeople. Gre'atPromtse. Department of Public Works and Utilities Chuck Vebb, `own C:.00rdittatc`a Town of Ranlo 1624 Spencer Mountain Road (:Gastonia, North Carolina 28054 Subject: I)ear Mr. The. City .Agreement service poin ocatcd at the intersectie agreement, 41 of Ranlo is perm gallons per month, through the metcrit l.•init of 7.5 million gallons per month. 2007 averages 10.6 million ,gallons per month, per the contract. There is additional capacity" ava this metering point. The proposed additional us the contract. Additional Water Usa "owRank°, H & I1 Site is and the Town of Ranlo have entered irr'to a Water and Sewer SeraCltilit:y d June 13, 1996 and amended On December , 2000, for water service. "lire. Cox Road and Ozark Avenue. Under the terms of the tied to use a Maximum Usage Limit of 15.0 million ioint. The contract also includes a Minimum Usage atrr—rent usage through the metering point for the year is less than the maximum monthly usage as ble up to the contract limits for usage through 1.9,440 GPD will fall within the Innis of hrough the Iw°rr of Ranlo Metering Point is trc m Number 01-36-010.. d at the The applicable portion of the Water and Sewer Utility Service Agreement is attached for your information. Please coa or need ac at (704) 866-6.777 or Mike Bynum at (704) 866043 ifyou have any' infori a :err of f'trlrlic lfi'orks &, Utilities Attachment 1 00 N. Broad Street •28054 • P,O.. Box 17i8 • on'ia, NC 2805 4748 • Phone: 7 twrvw.cityofgastonia.corn 4,83 .O037 fax:704.867.01.20 STATE OF NORTH CAROLINA COUNTY OF GASTON AMENDMi NT.T© AGREE) THIS AMENDMENT TO AGREEMENT, made effective as of the / day of December, 2000, by and between the City of Gastonia; a North Carolina municipal corporation, hereinafter referred to as "City"; and the Town of Ranlo, a North Carolina municipal corporation, hereinafter referred to as "Customer";. WITNESSETH: WHREAAS, City and Customer entered into a Water and Sewer Service Utility Agreement dated June 13, 1996, a copy of which is attached marked Exhibit "A" and incorporated herein by reference; and WHEREAS, City and Customer have evaluated the current sewer flow limit and agree that paragraph 6 of the original agreement entitled "Minimum Flow Limit - Sewer" should be amended to reduce the minimum take -or -pay sewer usage fiom 4,5 million gallons per month to 4,0 million gallons per month, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereto agree to amend paragraph 6 of the Agreement as follows: 6. Mininum Flow Limit — Sewer. City shall bill customer for a nainlmuna monthly sanitary sewer flow of 4,000,000 gallons, or actual usage as metered, whichever is greater. Additional reductions in the Minimum Flow Limit — Sewer may be considered with appropriate justification and quantification of flows. All other portions of the original agreement shall remain in full force and effect, This Amended after January 1, 2001 Flow Limit — Sewer shall be effective for all bills rendered on or WHEREFORE, the parties hereto have caused this Arnerrdment to Agreement to be executed on this S lay of December, 2000, APPROVED AS TO FORM: Attorney ATTEST: STATE OF NORTH C.A COtJ TY OF GASTON I, do here y this da and acknowledged '' at she is the City C authority duly given and as the act of the r was signed in its name by its Mayor, sealed City Clerk. 0: A TOWN By: :4 Mayor WITNESS my hand and Notarial Seal, this My Co an Expires: LC bresaid County and State, onally appeared before me of Gastonia and that by he foregoing instrument d attested by her as its 2000, Public STATE NORM CiA Off,, CO TY OF GASTON of said, cep that his day and acknowledged authority duly gives md as the act of the a signed try its b its Mayor, sealed h e If as its o Clerk: c and 0 Irk ca a1 °T ra i its co Public of the County and State personally appeared before the Town of Raab, artd that by n, the ore oin ins eat orate seal, and attested by slay of December, 2000, Stly Coss fires Agree 0 rul NORTH CAROLINA GASTON COUNTY WATER AND SEWER SERVICE UTILITY AGREEMENT THIS AGREEMENT, made and entered into this the day ofelune, 1996, by and between the City of Gastonia, a North Carolina Municipal Corporation, hereinafter referred to as "City", arid the Town of Rani°, a North Carolina Municipal Corporation, hereinafter referred to as'"Customeru; WITNESS E TB: That in consideration of, and subject to, the terms and conditions hereinafter set forth, the parties covenant and agree as follows: 1 .The Customer agrees to buy from the City and the City agrees to sell and deliver to the Customer water and sanitary sewer wastewater treatment services on the terms and conditions hereinafter set forth. 2, Terna, This Agreement shall be effective from and after June /3—, 1996, and shall continue and remain in full force and effect for a period of twenty (20) years from and after the date upon which both water and sewer utility ser-vices are first delivered to customer pursuant to the terms of this Agreement, as such terms appear hereinafter. Customer shall, prior to the beginning of the seventeenth year of this Agreement, give notice to City of its desire to renew this Agreement. Upon the giving of such notice, the parties hereto shall negotiate in good faith with reference to a renewal of this agreement. 3. Line, Lace aim Cos.t.L Dynership, and Maintenance, Customer, at its expense, shall install modi water plant and/or water lines, one wastewater meteringpoint with parshall flume , 1,400 LF of 12" sewer outfa!I line, eight manholes, 250 LF of 8" force main, 1,650 LF of 6" force main, all required pumps and controls at Customer's west pump station and at its treatment plant, one emergency generator, and all other items necessary to allow Customer's water and wastewater systems to be connected to City's systems. Once installed, the sanitary sewer flow measuring device (parshall flume) shall become the property of City and shall be maintained by City, All remaining water plant and line modifications and sewer lines and appurtenant devices shall remain as the property of Customer and shall be maintained by Customer, City shall inspect and test meters from time to time, Should a meter be found to be inaccurate, the amount of water delivered or the amount of wastewater accepted by City during the period of meter failure shall be determined by calculating the average of the previous six (6) months billing periods, and using such portion of'that average as corresponds to the length of time during which meter failure occurred, 4, a City shall bill Customer for a minimum water usage amount of 7 500,000 gallons per calendar month , whether or not such amount is utilized by Customer each month during the life ofTFT Agreement. For the purpose of this Agreement, a month shall be defined as any consecutive thirty (30) day period, regardless of billing cycles or calendar months referred to otherwise herein, 5 Maximum Usage Limits - Water. The maximum monthly water usage of Customer during the first ten, (/ 0) years of this Agreement, shall not exceed 5 OQQ alio s.°In the event Customer exceeds said monthly usage limit, City shall, have the right either to curtail Customer's increased consumption or to increase the rate charged to Customer for the amount ofwater consumed which exceeds the maximum monthly usage Ihnit of 15,000,000 gallons, The additional amounl charged shall not exceed a factor ofaliatimes the City's inside rate as set by City from time to lime during the term of this Agreement, Additionally, at the beginning of the tenth (10th) year of this Agreement, or at such time as Customer reaches 90 per cent (90%) of the maximum monthly water usage as established herein, whichever cccurs tine, City agrees to negotiate with Customer concerning a higher maximum monthly water usage limit, if requested to do so by Customer, 6, MnFrnum Flow Lamit a Sewer. City shall bill customer for a minimum monthly sanitary sewer flow of , or actual usage as metered, whichever is greater. 7, Ivlaximum Flow Limit - Sewer. The maximum monthly sanitary sewer flow from Customer to City during the term of this Agreement shall not exceed 12,000,000 gallons per month, At such time as Customer reaches eighty per cent (80%) of said monthly flow as set hereinabove, City agrees to negotiate with Customer concerning a higher maximum monthly sanitary sewer flow limit. 8. Slpcant lndustriaaUser. Customer shall become a Significant Industrial User under Cay's Sewer Use and Industrial Pretreatment Wastewater Ordinance regulations, and shall be subject to all of the requirements of City and of the North Carolina Division of Environmental Management, Customer shall administer its own industrial pretreatment program to all of its users required to meet said guidelines, 9. Price of Water and Sanitary Sewer Wastewater Treatrnent, Provided that Customer makes an initial capital investment in an amount of not less than Five Hundred Thousand Dollars ($500,000,00) in its water distribution and sanitary sewer wastewater collection systems in order to implement the terms of this Agreement as stated hereinabove, City will bill and Customer will pay, on a monthly basis, for water delivered and for wastewater accepted, at the prevailing rate, as set from time to time w.ax3.cLseseLuser$inside the City, The source of Customer's capital investment referred to herein shall be unrestricted, 10. 'Volume Allowance. Discount, City shall provide to Customer a volume allowance discount which shall be applied to that certain volume of water loss defined as the difference between the billing period volume measured by Customer at City's meter and the volume billed by Customer to its users for that same billing period. A discount of twenry-five per cent (25%) of City's "inside customer water volume charge per 1,000 gallons", as set at the time of execution of this Agreement and as changed thereafter from time to time by City, shall be applied to the volume of water loss as determined by the formula established herein. Said volume allowance discount shall exist for a period of five (5) years from and atter the effective date of this Agreement or until Customer achieves a water loss percentage of ten per cent (10%) or less in it water distribution system over a period of six (6) consecutive billing periods, whichever occurs first in time, Thereafter, all water volume charges will be billed to Customer at City's then current inside customer rate, To receive said volume allowance discount, Customer shall establish a baseline "water loss percentage", defined as the difference between the water volume produced and the water volume billed by Customer for the eighteen (18) months immediately preceding the effective date of this Agreement. Said baseline shall be used as the benchmark to measure progress made in achieving a water loss percentage of ten per cent (10%) or less in Customer's water distribution system, To continue to receive said volume allowance discount as provided for herein, Customer shall implement and complete, within the first year after the effective date of this Agreement, a water loss study which produces a written engineering report delineating recommendations for mitigation of water loss in Custornees water distribution system, said report including but not being limited to, a listing of ail "free book" water users and the quantities of water consumed by each, annual large meter calibration and testing, and residential meter change out program documentation, If available, Customer shall also submit to City quarterly flow reports on all of their users, to assist City in monitoring the water loss occurring in Customer's water distribution system during the pet iod of time said volume,discount allowance remains in effect I 1. invoicing, Bills for water supplies and sanitary sewer wastewater treatment provided hereunder shall be rendered and paid monthly, A 'Month" shall mean the period between any two regular consecutive monthly readings of the meters measuring the quantity of water used. Billing shell include meter reading measurements fromi existing and new water meters installed pursuant to the terms of this Agreement and from the new sanitary sewer flow measuring device(parshali flume). 12. Preemption of Customers %ler Suppiv. Customer shall be subject to City's water conservation policies now in effect and as they may be amended from time to time. 13. fJ In the event either the City or the Customer is unable, wholly or in part, by reason offorc majeure to carry out its obligations, other than Custorner;s duty, to make payments for water received from or wastewater delivered to City, it is agreed that on giving notice of such force majeure as soon as possible after the occurrence of the cause relied on, then the obligations of the City or the Customer, so far as they are affected by such force majeure, shall be suspended during the continuance of any inability so caused, but for no longer period, and such cause shall as far as possible, be remedied with all reasonable dispatch. The term "force majeure" as employed above, shall ram acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, war blockades, insurrections, riots, landslides, droughts, storms, floods, washouts, arrests and restraints of governments and pecple, civil disturbances, explosions, unavoidable breakage, or accident to machinery, equipment or lines of pipe, freezing dwell or lines of pipe, inability to obtain rights -of -way or permits or materials, equipment or supplies, and any other causes, whether of the kind herein enumerated or othenvise, not within the control of the City or the Customer, and which by the exercise of the reasonable diligence either the City or the Customer is unable to prevent or overcome, 14, Default, The Parties agree that the Customer and the City shall have the right to terminate or suspend payment for or delivery of water or acceptance of wastewater under this Agreement, after thirty days written notice for any default in payments for water delivered, or for any breach of the conditions set out herein, provided, however, neither party may violate any federal, state, or local law or regulation regarding the utility services being provided herein during the course of pursuing its rights under this paragraph., 15. Revocation of Prior AgreeMentN. Upon the initiation of the term of this Agreement all prior Agreements between the parties hereto regarding the sale and purchase of water and sanitary sewer wastewater treatment shall be null and void, 16. Eaistine Water Metering Point, The water metering point located at the intersection of Cox Road (SR 2200) and Ozark Avenue (14,C, 7) currently used by City to meter water purchased by Customer shall remain the property of City and shall be maintained by City. 17. , The following additional terms shall apply to this Agreement: (a) Waivers. Neither the failure nor delay an the part of either party hereto to exercise any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege, and no custom or practice at variance with the terms of the Agreement shall constitute a waiver of the right of either party to demand exact compliance with such terms, (b) Invalid Terms. In case any one or more of the provisions contained in this Agreement shall be held invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in the Agreement shall not in any way be affected or impaired thereby, and this Agreement shall otherwise remain in full force and effect. (c) ontroliing Law/ Successors Bound, This Agreement and the rights and obligations of the parties hereunder shall be construed and interpreted in accordance with the laws of the State of North Carolina and shall be binding upon and inure to the benefit of the successors and, with consent of the other party, the assigns of either party hereto, (d) Counterparts, This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. (c) Noticta Any notices required or permitted in this Agreement, including address changes, shall be made in writing and shall be made either by mailing registered or certified mail, return receipt requested, and postage prepaid, to the other party at the address shown herein for that party or at such different address for that party, notice of which has been properly given hereunder, or by personally delivering such notice to an officer or other party. The notice, if mailed as provided herein, sha€l be deemed given an the day of receipt or refusal to accept receipt; and if personally delivered on TO THE CITY: date of delivery. The addresses are as follows: City Manager City of Gastonia Post Office Box 1748 Gastonia, NC 28053-1748 TO THE CUSTOMER; Mayor Town of Ranlo 1624 Spencer Mountain Road Gastonia, NC 28054 (f) t, ad Not? rt Hereof: All paragraph and subparagraph head are for convenience only and shall riot affect the construction of any terms. this Agreement, where they appear, (g) Entire Agreement, This Agreement reflects and contains the entire and only agreement between the parties relating to the subject matter herein, and as such supersedes all negotiations, commitments, undertakings and agreements, whether oral or otherwise. (h) Amendments. This Agreement may be amended only by an instrument €n writing executed by the party against which enforcement of the amendment is sought. IT WITNESS WHEREOF, the undersigned municlpal corporations has caused dais Agreement to be executed in their behalf by individuals duly authorized, all as of the day and year first above written. CITY OF GASTONIA By: APPROVED AS TO FORM; Attorney STATE OF NORTH CAROL A COUNTY OF GASTON CI ertt tits City of Gasstdit foregoing tnsttumon Clerk: WITNESSmy hand and My Cort1saoraEXp s° SSA OF NORTH CAROLA COUNTY OF GASTON Tomei Cleric of the o foregoing instornent' as sign Town Clerk. My Co LEGA L NotaryPublic of the aforesaid Count personally appeared before me this day any d that by authority duly given and as the act e by its Mayor, sealed with its torpor Sal, tli SS my hand and Notarial Set and State, o aclnowleded that of the municipal co oed veal atad attested by her as the fisY day of r 16 ubbe that City the City NotaryFuld of the aforesaid County and Stafie do hereby car* that perswally appeared before ante tease day mod ad owwrled ed that lee` he is the zd that by authority duly Suers and as the aet of the municipal corporation, the 4 name by its Mayor, seated with its corporate seal and attested by h" er its State of North Carolina Department of Environment and Natural Resources Division of Water Quality Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE —10/07) Project Applicant Name: Town Of Ranlo Project Name for which flow is being requested: H & H Site More than one ME-10/07 may be requiredfor a single project i f the owner of the WWTP is not responsible for all pump stations along the route ofthe proposed wastewater flow I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: b. WWTP Facility Permit #: c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the WWTP 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 All flows are in MGD 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 Pump Station Narne Approx, Capacity, MGD Approx, Current Avg. (FirmlDesign) Daily Flow, MGD Waste Management Lift Station 1.08 Sunset Drive Lift Station Duff Street Lift Station 1.0 0.079 0,108 0.65 0.143 111. Certification Statement: I, Craig Roseberry , certify that, to the best of my knowledge, 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. 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 i ions I and II for which I am the responsible party. Signature of this form indicates tewater tlow. 81'9W 81°9W SGS hanging world 81°8W MOUNT HOLLY & GASTONIA NORTH 81°7W 81'7W 35°18'36'N 81`9'56'W Map E'ntent 81'47°W 35'15'8'N 81°6W 81°6W 81°5W 81'5W 0 The National Map MtPJrealienala+ip.guvl Geographic Coordinate System (WGS84) North Carolina. Secretary of State North Carolina Elaine F. Marshall EPARTMENT +; F"THE Secretary ECRETARY OF STATE Box 2f, 622 Rae itje, NC 27626-0622 (919)807- 2000 CORPORATIONS Important NetIce is ciilut! in Reports p rt5 Non -Profit Re pert s fNe,S twr 45LAT N Hill Summaries Reigster for `L: Pr OC Lire rneiit ONL.INL ORDERS CONTACT US Date: 10/612008 Click here to: View Document Filings 1 Sign Up for E-Notifications 1 Print apre-populated Annual Report Form 1 Annual Report County File an Annual Report 1 Corporation Names Name Narne Type NC THE 1330 EAST Legal FOURTH STREET, LLC NC THE 1322 EAST FOURTH STREET, LLC Limited Liability Company Information Prev Legal SOSID: 0446162 Status: Current -Active Date Formed: 12/31/1997 Citizenship:: Domestic State of Inc.: NC Duration: DEC 2017 Registered Agent Agent Name: Mulvaney, J Michael Registered Office Address: 7301 Carmel Executive Park. Suite 102 Charlotte NC 28226 Registered Mailing 7301 Carmel Executive Park, Suite 102 Address: Charlotte NC 28226 Principal Office Address: 7301 Carmel Executive Park, Suite 102 Charlotte NC 28226 Principal Mailing Address: 7301 Carmel Executive Park, Suite 102 Charlotte NC 28226 http:/h .secretary.state.nc.us/er rporaiis/Corpaspx':?Piten1Id=4632986 i0/6/'2008